11-03-08 Minutes RegNOVEMBER 3, 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, November 3, 2008.
1. Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie B. McDuffie
Commissioner Mackenson Bernard
Mayor Rita Ellis
Absent - None
Also present were - -David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Thomas Skindeleski with
St. Vincent Ferrer Catholic Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis stated there is a .Board Order for Item 9.B., Waiver
Request/Marriott Hotel, on the dais.
Mayor Ellis stated for Item 9.E., Appointment to the Neighborhood
Advisory Council (NAC) there was one application for the student appointment;
however, the application did not meet the requirements of a student. The City Attorney
suggested that Item 9.E. be tabled.
Mayor Ellis stated there is a request to postpone Item 9.F., AppeaUSite
Plan Review and Appearance Board Actions/Boston's Restaurant until to December
2, 2008. She stated there is additional information for Item 9.G., Request/Green
Market Relocation. Mayor Ellis stated the parties have requested that Item 10.B.,
Development A~reement/Vista Del Mar, L.L.C (First Public Hearin) be postponed
to December 2, 2008 at 7:00 p.m.
11/03/08
Mr. Eliopoulos requested that Item 8.I., Initiation of Comprehensive
Plan Amendment 2009-1 of the Consent Agenda be moved to the Regular Agenda as
Item 9.A.A. Also, he requested that Item 8.L, Review of Appealable Land
Development Board Actions (SPRAB Item B for the Marriott) of the Consent Agenda
be moved to the Regular Agenda as Item 9.A.A.A.
Mr. Fetzer requested that Item 8.M.1, Award of Bids and Contracts
(West Construction, Inc.) 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; 1VIr.
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 21, 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.
6. PROCLAMATIONS:
NONE
7. PRESENTATIONS:
7.A. Junior Tennis Tournament -Ivan Baron
Ivan Baron stated he and his associate John Butler along with Mr. Mark
Baron (Ivan Baron's father) run the Junior Tennis Tournaments and they had a very
successful year. Mr. Baron stated people from all around the country (i.e. parents,
coaches) came into town and they had approximately 1,200 players over the four events
for the months of April, July, September, and October. He stated this last event called the
Halloween Super Series hosted by the City of Delray Beach had a local kid from Boca
Raton email them informing them he wanted to be involved from a charity standpoint
because his brother has autism. Mr. Baron presented the City Commission with plaques.
7.B. Carolyn Gholston -Multi-Cultural Festival
Jennifer Buce, Litter Prevention Coordinator, recognized the Southwest
President's Association who has been an intricate part in helping the City with the Multi-
cultural Festival. Ms. Buce recognized the following individuals for their efforts in
making the festival a success: Mr. & Mrs. Gholston, Cynthia Ridley, Ernestine Holiday,
Evelyn Dobson, Vera Mobley, and Mary Hardy. Ms. Buce presented a plaque to Mayor
Rita Ellis, Lula Butler, Butch Carter, Sara Martin with the Downtown Development
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Authority, Mike Ahmad with the Community Market, Police Chief Strianese and various
Officers from the Delray Beach Police Department. Ms. Buce stated this is a great event
that brings all cultures together. Lastly, Ms. Buce also thanked Rosanne DeChicchio,
.Administrative Assistant/Public Information Officer, for spending the entire day taking
pictures.
Cyrithia Ridley stated approximately 1,600 attended the Multi-Cultural
Festival and noted this is a free event for the community and they fundraise to make this
event happen.
S. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL PLAT APPROVAL/REGIONS BANK: Approve a final plat
for Regions Bank, located at 555 S.E. 9t Street.
8.B. RESOLUTION NO. 54-08 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTS/1104 NASSAU STREET): Approve a tax exemption
request for eligible improvements to the property located at 1104 Nassau Street within
the Nassau Park Historic District; and approve Resolution No. 54-08.
The caption of Resolution No. 54-08 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING
AN AD VALOREM TAX EXEMPTION TO WILLIAM
M. & LIZABETH KUJAWA BOLD FOR THE HISTORIC
REHABILITATION OF THE PROPERTY LOCATED AT
1104 NASSAU STREET, AS FURTHER
IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATIONS (LDR) SECTION
4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 54-08 is on file in the City Clerk's
8.C. ACCEPTANCE OF RIGHT-OF-WAY
DEDICATION/COMMUNITY REDEVELOPMENT AGENCY (CRA)/S.W 14th
AVENUE PROPERTIES: Approve and accept aright-of--way deed between the City
and the Community Redevelopment Agency (CRA) for dedication of additional right-of-
way for the alley parallel to and on the west side of S.W. 14th Avenue between S.W. 1St
and 2"a Streets.
8.D. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/TOTAL QUALITY
CONSTRUCTION SERVICES. INC.: Approve a Contract Closeout (Change Order
No. 2/Final) in the amount of $2,842.24 and final payment in the amount of $24,006.05
to Total Quality Construction Services, Inc. for the completion of the Delray Swim and
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Tennis Center West Parking Lot Project. Funding is available from 117-4133-572-65.57
(Recreation Impact Fee FD/Capital Outlay/Swim & Tennis Parking Lot).
8.E. CONTRACT CLOSEOUT/FINAL PAYMENT/McCABE
BROTHERS CONSTRUCTION, INC.: Approve a Contract Closeout and final
payment in the amount of $3,401.56 to McCabe Brothers Construction, Inc. for
completion of the Police Briefing Room and Report Room Renovation Project. Funding
is available from 334-2111-521-46.10 (General Construction Fund/Building
Maintenance).
8.F. AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT/PALM BEACH COUNTY/LINTON BOULEVARD BRIDGE
TENDER HOUSE: Approve Amendment No. 1 to the Interlocal Agreement between the
City and Palm Beach County extending the completion time for the facade renovations to
the Linton Boulevard Bridge Tender House.
8.G. FIRST AMENDMENT TOINTERLOCAL AGREEMENT/PALM
BEACH COUNTY SHERIFF'S OFFICE: .Approve the First Amendment to the
Interlocal Agreement between the City and the Palm Beach County Sheriff's Office for
Urban Area Security Initiative (UASI) Grant Program extending the contract period to
June 30, 2009.
8.H. AMENDMENT NO. 1 TO THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG)/TED CENTER AGREEMENT: Approve Amendment
No. 1 to the Community Development Block Grant (CDBG) Agreement between the
City, the Delra}~ Beach Community Redevelopment Agency (CRA) and The Center for
Technology, Enterprise and Development, Inc. (TED Center) extending the contract
period to September 30, 2009. Funding is available .from 118-1966-554-83.01
(Community Development Fund/Other Grants and Aids).
8.I. 'THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.J. RESOLUTION NO. 57-08: Approve and adopt Resolution No. 57-08
supporting an amendment to Florida's Constitution to require the Florida Legislature to
operate under the Florida Sunshine Laws.
The caption of Resolution No. 57-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA RECOGNIZING FLORIDA
LEAGUE OF CITIES, INC., SUPPORTING AN AMENDMENT
TO FLORIDA'S CONSTITUTION TO REQUIItE THE
FLORIDA LEGISLATURE TO OPERATE UNDER THE
FLORIDA SUNSHINE LAWS.
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(The official copy of Resolution No. 57-08 is on file in the City Clerk's
office.)
8.K. SPECIAL .EVENT REQUEST/FIRST NIGHT 2009: Approve a
special event request to endorse the l It Annual First Night 2009 event on December 31,
2008 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section
2.4.6(F) for the use of Cityrights-of--way and facilities as requested, and to authorize staff
support for traffic control and security, site cleanup and trash removal, barricade set up
and removal, signage construction and installation and EMS services.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period October 20, 2008 through October 31, 2008.
8.M. AWARD OF BIDS AND CONTRACTS:
1. THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.A.A.A.
2. Purchase award to Praxair, Inc. in an estimated cost of $100,000.00
for the purchase and delivery of Liquid Carbon Dioxide (C02) for
the Water Treatment Plant from October 2008 through September
30, 2009. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
3. Purchase award to PVS Technologies, Inc. in the amount of
$200,000.00 for the purchase and delivery of liquid and dry Ferric
Chloride for the Water Treatment Plant as needed for the period of
November 2008 through September 30, 2009. Funding is available
from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
4. Purchase award to Otto Waste Systems in the amount of
$60,000.00 for the purchase of hot stamped garbage carts with lids
and wheels to be ordered as needed. Funding is available from
433-3711-534-49.35 (Sanitation, Fund/Cart Renewal and
Replacement).
5. Contract award to Air Duct Aseptics in the amount of $29,600.00
for mold remediation services at the Police Department. Funding is
available from 334-6112-521-46.10 (General Construction
Fund/Repair & Maintenance Services/Building Maintenance).
Mr. McDuffie moved to approve the Consent Agenda as amended,
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.
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9. REGULAR AGENDA:
9.A.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2009-
1: Formally initiate Comprehensive Plan Amendment 2009-1 pursuant to Section 9.2.1
of the Land Development Regulations.
Mr. Eliopoulos stated with regard to the Silver Terrace Courtyards
Overlay District going from 12 units per acre to 25 units per acre, he does not understand
where the 25 units per acre came from. Mr. Dorling stated this is a privately initiated
amendment and there is a proposal to do a mixed use development ultimately on the site
and the applicant indicated that the 25 units per acre were in the Silver Terrace
Redevelopment Plan. Mr. Dorling stated in researching the Plan there is a listing of a
public hearing and some recommendations that were made. He stated one of the
recommendations from the public was that staff could entertain increased densities to 25
units to the acre. Mr. Dorling stated this is not incorporated in the Plan but is only a
reference. He stated the applicant has taken that as an adopted element of the Plan. Mr.
Dorling stated he has had discussions with the applicant about his concerns but the
applicant has the opportunity to come forward and present an amendment. Mr. Dorling
stated most of the areas where we allow increased densities are up to 18 units per acre in
the Workforce Overlay District and 25 units per acre is not something that has been
entertained other than the Auburn Trace area where it was 24 units per acre and some
increased densities out in the Congress Avenue Corridor and the Four Corners.
Michael Weiner, Attorney with Weiner, Aronson & Mankoff, 10 S.E.
1St Avenue, Delray Beach (representing the applicant), stated the Silver Terrace Plan
has been sitting for 15 years and there are recommendations in it up to 25 units to the
acre. He stated between now and the time it returns from the DCA, they will be able to
present site plans to the City Commission. Mr. Weiner stated they are especially
interested in this type of density at this time given the economic climate that we are in
and while they understand that certain regulations in the Comprehensive Plan need to be
met, they think that there is urgency to look at the issue of 18 units versus 25 units in the
City of Delray Beach which is 98% built out.
Mr. Eliopoulos moved to approve Item 9.A.A. (forn~erly Item 8.I. of the
Consent Agenda), seconded by Mr. Bernard. 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.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 20, 2008 through October 31, 2008.
dais.
Mr. Eliopoulos declared a conflict of interest and stepped down from the
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Mr. Fetzer moved to approve to receive and file Item B.L., 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.
At this point, Commissioner Eliopoulos returned to the dais.
9.A.A.A.A. AWARD OF BIDS AND CONTRACTS: Contract award to West
Construction, Inc. in the amount of $5,436,917.00 for the Miller Park Improvements
Project. Funding is available from 334-4173-572-63.90 (General Construction
Fund/Other Improvements).
Mr. Fetzer asked if this was a project where the City did a CM at Risk and
we have been able to reduce the cost by going through the competitive bid process. He
asked if this is in line with what we have in the Capital Improvement Budget. In
response, Mr. Hasko stated the Guaranteed Maximum Price (GMP) that we had gotten
from the construction management firm (Weitz) was in the ballpark of $7 million for
these improvements. He stated when staff went out to bid they structured the bid with a
base and a series of alternates so that if they felt that could get the base bid for their
budget then staff would see what else they could get. Mr. Hasko stated the $5,436,917.00
is for 100% of the improvements in the park. Mr. Fetzer asked if this will comply with
the Master Plan. Mr. Hasko stated this will comply with the Master Plan.
Prior to the vote, Mr. McDuffie asked if Mr. Hasko has any idea of when
the groundbreaking is going to take place because there is some scheduling to be done
with the fields and the seasons. Mr. Hasko stated as far as the scheduling normally at this
point it probably takes 6-8 weeks to get all the contractual things done and to have apre-
bid conference to actually get moving. Mr. Hasko stated when staff gets into the
scheduling at the beginning of the project they will sit down and consider those conflicts.
The City Manager asked if the groundbreaking would be sometime in
January. Mr. Hasko stated realistically the groundbreaking should be around that time
and noted that since the City awarded that entire project and the way the project was bid
the construction time was incremental with additional scope whereas the base bid was
180 days and then each additional alternate had added days to it. Mr. Hasko stated the
entire project was 360 days so it will be a year construction project.
Mr. Fetzer moved to approve Item 9.A.A.A.A. (formerly Item 8.M.1. of
the Consent Agenda), seconded by Mr. Eliopoulos. 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.
9.A. WAIVER REQUEST/321 N.W. 1St AVENUE: Consider a waiver
request to Land Development Regulations (LDR) Section 4.6.9(C)(2)(a), to permit two (2)
parking spaces within the required front setback line, for the property located at 321 N.W.
1 S` Avenue. (Quasi-Judicial Hearing)
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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 #2008-245 into the record.
Mr. Dorling stated this is a waiver to LDR Section 4.6.9(C)(2)(a) which
states that no required parking spaces be allowed in the required front or side setback. The
waiver would allow this encroachment to reflect a 9.5 foot offset from the front property
line. Mr. Dorling stated this is associated with a Certificate of Appropriateness (COA)
that was considered by the Historic Preservation Board (HPB) on October 15, 2008 which
included exterior alterations, additional site improvements including some hardscaping
and landscaping. He stated HPB also considered the waiver at that time. He stated
currently parking occurs in the front of the building and what was initially being proposed
was a new driveway and access on the front.
At its meeting of October 15, 2008, the Historic Preservation Board (HPB)
considered the request and recommended approval subject to some changes. The Board
wanted the hedge continued and these spaces to be accessed internally from the loop road.
The current parking configuration is parking in front of the structure and this would move
it to the side. This site is at the end of ls` Avenue where it abuts the Cason United
Methodist Church off 4`h Avenue. He stated required findings are made in the staff report
under LDR Section 4.6.9(C)(2)(a) and staff recommends approval.
Jason Redmond, 3320 Delray Bay Drive, Apt. #316, Delray Beach
(representing the owner Michael Singer), stated he is present for any questions the
Commission may have. He stated this is a pretty straight forward case and has already
been explained.
Mayor Ellis stated if anyone from the public would like to speak in favor or
in opposition of this waiver request, to please come forward at this time. There being no
one from the public who would like to address the Commission regarding the waiver
request, 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).
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Mr. McDuffie moved to adopt the Board Order as presented (approving the
waiver request), 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.
9.B. WAIVER REQUEST/MARRIOTT HOTEL: Consider three (3) waiver
requests to Land Development Regulations (LDR) Sections 4.4.13(F)(1)(a), "Height",
4.6.14(A)(1) and 4.6.14(A)(2), "Visibility at Intersections", associated with the Class N
site plan modification for the Delray 1Vlarriott Expansion, located at the northwest corner
of State Road A-1-A and East Atlantic Avenue. (Quasi-Judicial Hearing)
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
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. Mr. Bernard, Mayor Ellis and Mr. Fetzer had no ex parte
communications to disclose. Mr. McDuffie stated that he sought advice and opinion from
the City Attorney on this issue and found that he does not have a conflict; however, Mr.
McDuffie stated he needs to disclose that Tom McMurrian with Ocean Properties is the
son of Mr. McDuffie's grandfather's brother and that there are no contractual or business
relationships between them.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008-223 into the record.
Mr. Dorling stated this request involves three waivers which were
processed in association with a Class IV site plan modification for the Delray Marriott
expansion. These three waivers are to LDR Section 4.4.13(F)(1)(a), which requires that
the overall height of buildings be a minimum of twenty-five feet (22 feet is being
proposed), LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle for the
area on both sides of an access way as it meets the street, and a waiver to LDR Section
4.6.14(A)(2) which requires a 40-foot visibility triangle.
Mr. Dorling stated the Class IV modification for the Delray Beach Marriott
Expansion includes an addition to the existing 271 rooms at the Delray Marriott Hotel, to
add nine (9) cabana suites, expand the existing restaurant, adding retail and commercial
along Atlantic Avenue, adding a kitchen to better accommodate existing banquet rooms
and expansion of the existing pool deck.
At its meeting of October 14, 2008, the Site Plan Review and Appearance
Board (SPRAB) recommended approval of this Class IV Site Plan Modification and
recommended approval of all three waivers. The required findings are noted in the City
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Commission documentation and staff recommends approval of all three waivers at this
time.
Alan Ciklin, representing Ocean Properties, Ltd., (Applicant), stated
not only did SPRAB recommend approval this also went before the Community
Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) and
they too recommended approval of the project and the waivers. Mr. Ciklin stated the staff
report confirms that they meet the requirements of the Comprehensive Plan and the LDRs.
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.
Kevin Warner, 248 Venetian Drive, Delray Beach, stated he has lived in
this area for ten years and Andrews Avenue and Atlantic Avenue is particularly dangerous
for pedestrians, bicyclists, and motorists because of the hump in the road as you head
south within 10-20 yards of Atlantic Avenue. Mr. Warner stated it is irresponsible to
suggest that losing site visibility access and safety is something that we must do because
Ocean Properties is going to do something wonderful for us. He stated he has a problem
with the site visibility guidelines and noted that these guidelines are going to be broached.
Mr. Warner feels we do not need less pedestrian, motorist, and bicycle safety in that part
of town.
Robert Victor, Beach Property Owners President, expressed concern
over the loss of 19 public parking spaces on Atlantic Avenue and Andrews Avenue as part
of the approved expansion of the Marriott Hotel. He read a statement into the record
regarding the loss of the 19 public parking spaces. Mr. Victor stated the BPOA is
requesting a complete review by the Commission of this issue.
There being no .one else from the public who wished to address the
Commission, the public hearing was closed.
There was no cross-examination.
The following individual gave a brief rebuttal:
Mr. Ciklin stated in 1981 there was a conditional of approval on the Delray
Marriott then (was not the Delray Marriott at that time). The condition was to allow for
18 parking spaces to be used on the Marriott's private property for parking spaces that
were lost on Atlantic Avenue. Mr. Ciklin stated they were going to be lost on Atlantic by
virtue of road improvements that FDOT (Florida Department of Transportation) had to
approve in order to improve access to the hotel. As it turned out, he stated FDOT never
approved the plans on Atlantic Avenue and the parking spaces were never lost on Atlantic
and the condition in essence became non-applicable. However, Mr. Ciklin stated Ocean
Properties allowed those spaces to be used voluntarily gratuitously for several years
because people were using the spaces. It was the opinion at the SPRAB meeting that the
condition in 1981 had been superseded and the staff report states that by several
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subsequent approvals in that there is no such condition anymore; the original reason for
the condition no longer exists. Mr. Ciklin stated there was also the opinion offered at the
SPRAB meeting that this was private property and the public had no right to use this
private property. He stated although this is not on the Agenda tonight and the only things
on the Agenda are the three waivers, the height and two visibility triangles, he feels it is
worth hearing the explanation and informing the Commission as to what was discussed at
SPRAB. Mr. Ciklin stated regarding the Andrews Avenue visibility triangle on the corner
of Atlantic Avenue and Andrews Avenue, although it requires a waiver, there is full
visibility at that intersection because the only thing that is there are columns and you can
see through the columns. He stated the other visibility waiver that they are seeking is at
the ramp on the north side (right hand side) coming down the ramp; one of the reasons the
triangle cannot be made is because it interferes with the existing parking structure. On the
left-hand side, the reason for the request is that there is additional 8 feet of view and it was
determined by SPRAB that it was adequate. Mr. Ciklin stated SPRAB did want to make
sure that when someone is coming down the ramp that the public was protected. He stated
SPRAB requested and the applicant agreed to add a stop bar and a stop sign at the end of
the ramp and to also add those wavy things in the road to tell you that there is a stop bar
and a stop sign at the end of the ramp. Mr. Ciklin stated the magnified mirrors are going
to be added. Mr. Ciklin stated as a result of the ramp, ninety percent of the deliveries that
were previously made on Andrews will now be able to be made internally because
deliveries will go up the ramp and be made within that area and not on the entrance. Mr.
Ciklin stated that SPRAB determined that the situation will be improved and the public
safety will be improved. He stated SPRAB unanimously recommended that these
visibility triangle waivers did not diminish public health, safety, or welfare.
Mr. Dorling explained the area where the site visibility triangles are
required. He stated if you were to comply with the site visibility triangles on this you start
impacting the required 40 feet at the busier intersection of Atlantic Avenue and Andrews
Avenue. Mr. Dorling stated that is an additional contributing factor.
Mr. Fetzer stated he had a conversation with the City Attorney today about
this and she gave him clarification to this issue and these waivers. He asked the City
Attorney to recap her explanation. The City Attorney stated the parking issue that had
come up previously is in her opinion not germane to the waiver but it was brought up.
The City Attorney stated under cases in the Supreme Court, when you impose a condition
upon a development it has to be because there is an impact that construction has that needs
to be modified. She stated this cannot be a condition that we would like more parking
downtown but it has to be a result of something that it impacts. Therefore, when FDOT
did not remove those 18 spaces that condition became not something that really was an
impact of that development and so it would be deemed an illegal condition if it was still
affecting the property. However, this conditional use is really a permitted use and so there
are not any particular conditions that are attached to this use other than meeting the City's
current Codes that everybody has to meet. The City Attorney stated there is really nothing
for the City Commission to do to remove a conditional use because they have already
done that through legislative activity because they have allowed this to be a permitted use
in this area.
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Mayor Ellis stated she also got the same interpretation of what the
circumstances were in 1981 and since that time it has been used for public parking solely
at the pleasure of the property owner allowing it to happen.
Mr. McDuffie asked how we are going to help out the delivery on the north
ramp because the communications that were in the Agenda backup were from neighbors
who were concerned about delivery trucks on Andrews Avenue. In response, Mr. Ciklin
stated in the past a great deal of the deliveries to the hotel were made off Andrews
Avenue. He stated with the addition of the ramp 85-90% of all deliveries will be made
interiorly so the trucks will not be stopping on Andrews Avenue and making their
deliveries anymore but they will take a right turn onto Andrews Avenue and another right
turn on the ramp and go into the hotel itself and make the deliveries there.
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 (approving all
three waivers), 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, Mr. Eliopoulos returned to the dais.
At this point, the time being 7:00 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. 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.
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 PRINCII'AL AMOUNT
OF NOT TO EXCEED $500,000 TO PAY THE COST OF
BROWNFIELDS CLEANUP ACTIVITIES AND PAY
COSTS OF ISSUANCE; AND PROVIDING AN
EFFECTIVE DATE.
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(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. 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.
Diane Colonna, Executive Director of the Community Redevelopment
Agency, stated this is an agreement between the Community Redevelopment Agency
(CRA) and the South Regional Planning Council to borrow $500,000.00 for remediation
costs associated with the cleanup of Carver Square. This would allow the CRA to borrow
the money and there would be no interest and no payments due for the first year and
thereafter would be 3% interest which would be paid back over a three year period.
Mayor Ellis declared the public hearing open. There being no one else
from the public who wished to address the Commission regarding Resolution No. 50-08,
the public hearing was closed.
Mr. McDuffie moved to adopt Resolution No. 50-08 on Second and
FINAL Reading, 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.
10.B. 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 left the dais.
The item was postponed to a date certain of December 2, 2008 at 7:00
p.m.
10.C. ORDINANCE NO. 51-08 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.3.4, "Base District Development Standards", Subsection (J), "Height", Paragraph (4),
"Increases to Height Regulations", Subparagraphs (b) (ii), (iii) and (iv), "Allowances";
to clarify the workforce housing requirements regarding height increases. If passed, a
second public hearing will be scheduled for November 18, 2008.
The caption of Ordinance No. 51-08 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 4.3.4, "BASE DISTRICT
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DEVELOPMENT STANDARDS", SUBSECTION (J),
"HEIGHT", PARAGRAPH (4), "INCREASES TO
HEIGHT REGULATIONS", SUBPARAGRAPHS (b) (ii),
(iii) AND (iv), "ALLOWANCES"; TO UPDATE THE
WORKFORCE HOUSING REGULATIONS
REGARDING HEIGHT INCREASES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 51-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is an
amendment to LDR Section 4.3.4(J)(4) to clarify the requirement to provide workforce
housing units equal to a minimum of 20% of the top floor residential units in order to
qualify for conditional use approval for increases in height. This was added by
Ordinance No. 16-06 in April 2006 and since then questions have been raised by a
developer that they are not subject to the requirement to provide these workforce housing
units if the maximum density is not proposed for the balance of the site. There is some
question as to whether that would apply or not. Mr. Dorling stated this was not the intent
of the ordinance and the changes that are being made here are restructuring the existing
language and placing it in a separate paragraph to clarify the original intent of the
ordinance. He stated the ordinance also provides some corrective language with respect
to provision of both low and moderate housing. In the original ordinance there was a
required percentage and this gives the maximum flexibility and noted that both are still
provided but there is not a minimum or maximum cap.
The Community Redevelopment Agency (CRA) and the Downtown
Development Authority (DDA) considered the amendment and recommended approval.
At its meeting of October 20, 2008, the Planning and Zoning Board voted 6 to 0 to
recommend approval of the amendment.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission, the public hearing was closed.
Mr. Eliopoulos moved to approve Ordinance No. 51-08 on First
Reading/First Public Hearing, seconded by Mr. Fetzer. 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.
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10.D. ORDINANCE NO. 52-08 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending the Land Development Regulations, Section
4.4.13, "Central Business (CBD) District", Subsection (I), "Performance Standards"; to
provide additional options regarding Workforce Housing; Article 4.7, "Family/Workforce
Housing", Section 4.7, "Findings" Subsection (I), to provide regulations regarding
increased height and density; Section 4.7.1, "Definitions", to provide a definition of
"Workforce Housing Trust Fund"; Section 4.7.2, "Applicability", Paragraphs 4.7.2 B.
and C. to provide additional options regarding workforce housing; Section 4.7.3,
"Provision of Workforce Housing Units", to allow workforce housing in additional
locations; Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood
Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing
Area", Paragraph E. to provide for contributions to the Delray Beach Workforce Housing
Trust Fund; and Section 4.7.6, "Rental Housing Units", to provide clarification regarding
moderate income requirements. If passed, a second public hearing will be scheduled for
November 18, 2008.
The caption of Ordinance No. 52-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING ARTICLE 4.4,
"BASE ZONING DISTRICT", SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT",
SUBSECTION (I), "PERFORMANCE STANDARDS";
TO PROVIDE ADDITIONAL OPPORTUNITIES
REGARDING WORKFORCE HOUSING; ARTICLE 4.7
"FAMILY/WORKFORCE HOUSING"; SECTION 4.7
"FINDINGS" SUBSECTION (I), TO PROVIDE
REGULATIONS REGARDING INCREASED HEIGHT
AND DENSITY; SECTION 4.7.1 "DEFINITIONS", TO
PROVIDE A DEFINITION OF "WORKFORCE
HOUSING TRUST FUND", SECTION 4.7.2,
"APPLICABILITY", PARAGRAPHS 4.7.2 b. AND c. TO
PROVIDE ADDITIONAL OPPORTUNITIES
REGARDING WORKFORCE HOUSING; SECTION
4.7.3, "PROVISION OF WORKFORCE HOUSING
UNITS", TO ALLOW WORKFORCE HOUSING IN
ADDITIONAL LOCATIONS; SECTION 4.7.4,
"DENSITY BONUS PROGRAM FOR THE
SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT, THE CARVER ESTATES OVERLAY
DISTRICT AND THE INFILL WORKFORCE HOUSING
AREA", PARAGRAPH e. TO PROVIDE FOR
CONTRIBUTION TO THE DELRAY BEACH
WORKFORCE HOUSING TRUST FUND; AND
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SECTION 4.7.6, "RENTAL HOUSING UNITS", TO
PROVIDE CLARIFICATION REGARDING
MODERATE INCOME REQUIREMENTS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 52-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated and a privately initiated amendment. The privately initiated amendments
provide the language that provides opportunities for workforce housing units to be
provided on-site, off-site, or by monetary contributions. Mr. Dorling stated the City-
initiated piece is to change the recipient of any monetary contributions made to satisfy
workforce housing from the Delray Beach Land Trust to the Housing Trust Fund. He
stated right now the Delray Beach Land Trust gets those monies exclusively. With this
ordinance, the contributions would go into the Housing Trust Fund and the Delray Beach
Land Trust would have the ability to compete with those with other organizations in the
city. Mr. Dorling stated the Code also includes a definition of the Trust Fund which
would contain the City's SHIP allocations and include the deposit funds from any
workforce housing unit contributions and that would be utilized to implement programs
described in the City's Local Housing Assistance Plan.
At its meeting of October 20, 2008, the Planning and Zoning Board
recommended approval with a 6 to 0 vote.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 52-08, the
public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 52-08 on First Reading/First
Public Hearing, seconded by Mr. Bernard. 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.
10.E. 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.
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The caption of Ordinance No. 41-08 is as follows:
office.)
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
REQUREMENTS", 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 EFFECTNE
DATE.
(The official copy of Ordinance No. 41-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is to clarify on-
site lighting standards in the City and revise the required illumination levels to be more
consistent with Palm Beach County.
The City Commission considered this at their October 7, 2008 meeting for
First Reading and then again on October 21, 2008 for Second Reading. Mr. Dorling
stated on October 21, 2008 there were specific changes requested by a Commissioner and
the ordinance has been remanded back to the Commission for Second Reading. The
requested changes have been made and include changing the min/max intensities required
for the parking garage/structure entrance -area category to reflect minimums
recommended by IES (50 foot candles versus 5.0 foot candles), a note has been added to
Table 2 that references the above max/min apply only to the first 66 feet in front of the
entry that is to provide greater intensities for eyes to adjust from daylight to the darker
conditions in the garage, a reference has been made from cutoff luminaries to "full"
cutoff luminaries in LDR Section 4.6.8(B)(3)(b) to be consistent with similar references
Section 4.6.8(A)(2).
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
Avenue Redevelopment Coalition (WARC) recommended approval of the proposed text
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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 voted 4 to 0 to recommend 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. McDuffie moved to adopt Ordinance No. 41-08 on Second
Reading/Second Public Hearing, seconded by Mr. Eliopoulos. 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.
10.F. 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 Ambulance Fee Schedule.
The caption of Ordinance No. 48-08 is as follows:
office.)
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. 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. 48-08, the
public hearing was closed.
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Mr. Eliopoulos moved to adopt Ordinance No. 48-08 on Second and
FINAL Reading, 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 5 to 0 vote.
10.G. 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.
The caption of Ordinance No. 49-08 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49=08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 49-08, the
public hearing was closed.
Mr. Bernard moved to adopt Ordinance No. 49-08 on Second and FINAL
Reading, 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.
At this point, the time being 7:16 p.m. the Commission moved to Item 11,
Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A. 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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11. From the Public.
11.B.1. Greta Britt, 867 Sunflower Avenue, Delray Beach, expressed her
disappointment in the City for not taking a proactive role in securing an early voting site
for the residents of Delray Beach. Mrs. Britt stated this is a historic election that has
generated enormous interest and the neighboring cities to the north and to the south did
secure sites for their residents. She stated she has been involved with the City at different
levels and normally the City is proactive and out there on the forefront setting a standard
that others tend to follow. Mrs. Britt stated asked why the City of Delray Beach did not
take a proactive role with this particular issue.
11.B.2. Shirley Johnson, 701 N.W. 4th Street, Delray Beach, echoed comments
expressed by Mrs. Britt and thanked Commissioner Bernard in his 11`h hour attempt to
bring early voting to accommodate the citizens of Delray Beach. She stated many
citizens asked her if they could vote at the Delray Beach Library and her response to
them was that they had to early vote at the Boynton Beach Library, the Boca Raton City
Hall, or the County Library on Hagen Ranch Road. She stated many of the citizens do
not have transportation to travel such distances but they were accommodated by the
campaigns if they requested it. However, Mrs. Johnson 'stated residents did not
understand why they had to go so far to vote and she feels it would have eliminated many
of the long lines that were at the other locations had Delray Beach been a part of the
process.
Mr. Fetzer stated he expressed his concern about the lack of an early
voting location as Commissioner Bernard had. Mr. Fetzer stated he told the Commission
that he was going to talk to the library about why the early voting did not happen. He
stated he met with Alan Kornblau, Delray Beach Library Director, and according to Mr.
Kornblau the Supervisor of Elections Office did not follow through with the discussions
they were having and it became too late to make that happen. Mr. Fetzer stated he agrees
with Shirley Johnson that this is unacceptable and he is looking for something different in
forthcoming elections. He stated that he would like to go on record and suggest to the
new Supervisor of Elections that this be a priority for them to develop an early voting
location in Delray Beach.
Mayor Ellis stated she too spoke with the Library Director to find out that
when the Supervisor of Elections made the call they were quoted normal rates for the
rental of the library and no one ever followed up until it was too late. Mayor Ellis stated
the City was very limited as to where early voting could occur. The City of Delray Beach
had other City buildings that could have been utilized for. early voting sites; however, the
Supervisor of Elections would not accept anything but this particular building (City Hall).
Therefore, Mayor Ellis stated even though the City could have provided early voting at
other City locations, the Supervisor of Elections office by Statute was not willing or able
to do that.
The City Manager stated the City offered City Hall and the Supervisor of
Elections Office said it was not suitable.
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At this point, the time being 7:22 p.m. the Commission moved to Item 12,
First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 50-08: Consideration of a proposed ordinance by
enacting a new Chapter 74, "Civil Traffic Enforcement", of the Code of Ordinances, by
enacting new Sections 74.01 through 74.16, providing for "Intent", "Use of Image
Capture Technologies", "Definitions", "Adherence to Red Light Traffic Control Signals",
"Violation", "Review of Recorded Images", "Notice of Violation/ Infraction", "Vehicle
Owner Responsibilities", "Appeal to Hearing Officer", "Vehicle Owner Affidavit of
Non-responsibility", "Penalty", "Administrative Charges", "Collection of Fines",
"Exceptions", "Appeal of Order", and "Enforcement", to provide for the use of a code
enforcement mechanism for intersection safety. If passed, a public hearing will be
scheduled for November 18, 2008.
The caption of Ordinance No. 50-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW CHAPTER 74, "CIVIL TRAFFIC
ENFORCEMENT", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY ENACTING
NEW SECTIONS 74.01 THROUGH 74.16, PROVIDING
FOR "INTENT", "USE OF IMAGE CAPTURE
TECHNOLOGIES", "DEFINITIONS", "ADHERENCE
TO RED LIGHT TRAFFIC CONTROL SIGNALS",
"VIOLATION", "REVIEW OF RECORDED IMAGES",
"NOTICE OF VIOLATION/ INFRACTION",
"VEHICLE OWNER RESPONSIBILITIES", "APPEAL
TO HEARING OFFICER", "VEHICLE OWNER
AFFIDAVIT OF NON-RESPONSIBILITY",
"PENALTY", "ADMINISTRATIVE CHARGES",
"COLLECTION OF FINES", "EXCEPTIONS",
"APPEAL OF ORDER", AND "ENFORCEMENT", TO
PROVIDE FOR THE USE OF A CODE
ENFORCEMENT MECHANISM FOR INTERSECTION
SAFETY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,. .AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 50-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
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Mr. Fetzer stated at the last meeting he asked the City Manager if the
Commission could get some objective data on the impact from a safety standpoint. He
stated the City Manager provided the Commission with some information from the
National Insurance Institute for Highway Safety that he felt had some explicit
explanations as to why it makes sense from a safety standpoint to do this. Mr. Fetzer
stated he is a believer in utilizing technology from a standpoint of what this could do to
help us with safety issues and also to help us conserve our Police resources where this
would be an additional tool for them. Mr. Fetzer thanked the City Manager for the data
that was provided to him.
Mayor Ellis stated she has been a proponent of this for some time and she
agrees with Mr. Fetzer regarding the use of technology and allowing resources of our
Police Department for additional crimes in other areas. The information has showed us it
does provide additional safety to those cities that have utilized it.
Mr. McDuffie stated he reviewed this in great length at the Metropolitan
Planning Organization (MPO) which he sits on for the City. He stated the meeting was
full of information and he would like to inform our community that we do not want this
to be something that is punitive in nature but it needs to be recognized as safety issues
and not something that the City is doing to raise revenue. Mr. McDuffie stated these
accidents can be terrible accidents and commented that fatalities are frequent and severe
injuries are frequent when someone is t-boned in the side of the door.
Mr. Fetzer moved to approve Ordinance No. 50-08 on FIRST Reading,
seconded by Mr. McDuffie. 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.B. ORDINANCE NO. 53-08: Consideration of a proposed amendment to
the Community Redevelopment Plan amending Section 3.11, "Required Findings", to
provide for sponsorship of City tennis tournaments. If passed, a public hearing will be
scheduled for November 18, 2008.
The caption of Ordinance No. 53-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MODIFYING THE COMMUNITY REDEVELOPMENT
PLAN FOR THE CITY OF DELRAY BEACH; FINDING
THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS
ARE CONSISTENT WITH THE CITY OF DELRAY
BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE
APPLICABLE REQUIIZEMENTS OF FLORIDA
STATUTE 163.360; PROVIDING A GENERAL
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REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 53-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director. of Planning and Zoning, stated this is a proposed
amendment to the Community Redevelopment Agency (CRA) Plan to add a section
providing for the sponsorship of tournaments at the Delray Beach Municipal Tennis
Center. Mr. Dorling stated during the preparation of the fiscal year 2008/2009 budget the
City of Delray Beach requested that the CRA agree to contribute a $500,000 sponsorship
to help offset the cost of the site host fees for major tournaments held at the tennis center.
The sponsorship supports the CRA mission as well as the goals of the Downtown Master
Plan by helping the Tennis Center remain a competitive venue for major events.
However, an amendment to the Community Redevelopment Plan is required in order for
the CRA to provide the sponsorship.
At its meeting of October 20, 2008, the Planning and Zoning Board
considered this amendment and unanimously recommended approval with a 6 to 0 vote.
At its meeting of October 16, 2008, the Community Redevelopment Agency also
recommended approval.
Mr. Bernard moved to approve Ordinance No. 53-08 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 7:30 p.m. the Commission moved to Item 9.C.
of the Regular Agenda.
9.C. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/610
NORTH OCEAN BOULEVARD: Consider an appeal of the Historic Preservation
Board's denial of a Certificate of Appropriateness (COA) for an accessory structure (tree
house) located in front of 610 North Ocean Boulevard, Fontaine Fox Historic Site. (Quasi-
Judicial Hearing)
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. Mr. McDuffie, Mr. Bernard, and Mayor Ellis stated they had no ex parte
communications to disclose. Mr. Eliopoulos -stated in 2001 he talked to the applicant,
former Mayor Schmidt and former Mayor Perlman, and Francisco Perez-Azua. Mr. Fetzer
stated he had no ex parte communications to disclose.
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Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2002-164 into the record.
Mr. Dorling stated in 1989 via Ordinance No. 70-89 the property in
question was added to the local historic registry. The property subjected to this
designation includes two and a half (2.5) acres of land consisting of Lots 1, 2, and 3 of the
Ocean Apple Estates Plat. The property currently contains 1,184 square foot Cape Cod
style cottage constructed in 1936 and designed by renowned architect John Volk and was
occupied by Fontaine Fox who was the artist for the "Toonerville Trolley" cartoon strips.
In 2002, the owner of the property filed an application for a Certificate of Appropriateness
(COA) to get approval of an existing accessory structure which had been built on the
property without permits. Mr. Dorling stated the structure they sought approval for
through the COA process is a tree house.
The application went before the Historic Preservation Board (HPB) at their
September 4, 2002 meeting and HPB recommended denial of the application. That
decision was appealed by the applicant in December 2002 and that appeal was considered
by the City Commission and the vote was 2 in favor and 2 against the appeal. Prior to just
recently, that was construed as being a denial of the project. Subsequently, the applicant
sued the City of Delray Beach and the Court has come to the conclusion that a tie vote
actually results in no action. Since there was no action on this application, it is now before
the current City Commission for a reconsideration of the original application for that
appeal. Mr. Dorling stated when the Historic Preservation Board considered the
application they recommended denial based upon criteria that the City has in the LDRs
particularly LDR Section 4.5.1(E)(4), (E)(7) and (E)(a-k) as to it not being compatible
with the existing structure. He stated based upon findings of the old Delray Beach Design
Guidelines Section IV -New Additions to Historic Buildings which states that "locating
the appendage [to a structure] at the rear or an inconspicuous side and limiting the size and
scale in relationship to the existing structure is essential", the tree house of this structure is
directly in front of this historic structure and is not consistent with the Historic Design
Guidelines of that day. Also, he stated there are other LDR Sections that talk about
Secretary of the Interior's Standards that all of these additions be visually compatible and
there are some additional comprehensive policies which they found the proposal to be
inconsistent with which talk about protecting historic resources and them being consistent
in scale and mass as well as their location as identified with the Delray Beach Design
Guidelines.
Ellen Uguccioni, Architectural Historian by Profession and has been
working in Historic Preservation for the last 30 years, stated she was here when this
item was first appealed and noted that her career has taken her to Kansas City, Coral
Gables, and she is presently the Historic Preservation Officer for the City of Miami,
served on the Florida Historical Commission for 12 years and most recently was
reappointed by Governor Crist and she has written five books about local art and
architecture as well as historic preservation. Ms. Uguccioni stated she was asked to testify
as an expert because she has been working in preservation for so long. She stated what
the issue is are the regulations concerning historic preservation and how important the
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Fontaine Fox House is to the City of Delray Beach and why it is so unique.. Ms.
Uguccioni stated the City's ordinance speaks to the protection of historic buildings for the
public purpose and noted that the tree house is very much in the forefront. She stated that
accessory structures should be located in a subordinate position because we are
emphasizing the historic structure when we locally designate something. Ms. Uguccioni
stated this is a very sophisticated and permanent structure (approximately 10x12) with
plumbing and electricity. She feels to call this a tree house is somewhat misleading. She
stated in all of Volk's designs she does not know of another design that has this kind of
rustic character that we see in the Fontaine Fox House. Ms. Uguccioni stated while the
tree house was built for a good reason, she feels it does obstruct the view to the Fontaine
Fox House and goes against the LDRs and the Historic Preservation ordinance. She stated
the Historic Preservation Board's recommendation was to move the tree house to the rear
or to the side not to destroy it.
Devon G. Coughlan, Ruden McClosky Simon Schuster & Russell, P.A.
Attorney representing Frank and Nilsa McKinney, entered some documents into the
record and distributed small excerpts of the same to the Commission. Mr. Coughlan
stated the first issue is the appeal ordinance and they were here in 2002 and the appeal
code Section 2.4.7(E) has been amended since then. Mr. Coughlan stated the original
appeal section stated that an appeal before the Commission was limited to the record
below. The new ordinance passed in 2006 states that "an appeal before the Commission
comes "de novo" which means the Commission can look at new evidence in addition to
the record below. He stated they have been instructed by the City that they will be
proceeding under the new ordinance not the old ordinance and they will proceed as
directed without waiving the objections they may have to that decision. Mr. Coughlan
stated this is a historically designated piece of property but there have been some legal
issues that have come up about that designation. The ordinance when passed was
designed to sunset if certain conditions were not met and one of those conditions was that
the property owner was supposed to obtain a waiver of the County's 80 foot right-of--way
for A-1-A and they cannot find any record that it was ever done. Mr. Coughlan made
reference to the memorandum staff report dated June 5, 2002 given by City staff to the
Historic Preservation Board. He stated this report states "that the design of the tree house
is in keeping with the Cape Cod style cottage of the extant historic dwelling with its
natural frame construction, clapboard siding, wood shingle clad, gable roof, and modest
detailing." However, they go on to include that the size and scale and specifically where it
is located is a problem and part of that has to do with whether or not the vegetation in
front of the home can be relied upon to continue to screen the structure from site. Mr.
Coughlan stated the report goes on to state that"the existing vegetation can be altered or
removed in the future to make the additional structure more visible and the retention of the
vegetation cannot be ensured in the future." The report goes on to state "to ensure
compliance with all these standards they are recommending that the structure be moved
from its current location." "The structure should be razed or relocated to the far north or
west side of the property ensuring that no architectural attributes of the front facade of the
historic structure are in any way obscured." Mr. Coughlan stated the issue is whether or
not this structure obscures the front facade of the main dwelling. He made reference to the
City staff recommendation and stated that City staff recommended that the COA be
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approved and a finding that the tree house met all the applicable regulations with a
condition which was relocation of the tree house based upon a concern that it may be
obstructing the main ,residence and the foliage was not as hearty as it was hoped. Mr.
Coughlan stated we have had three hurricanes since this came before the Commission last
time and the foliage and the structure have survived. He stated the tree house is above the
site line to the front facade of the house and the foliage is dense enough that even if you
pull the tree house out from the right-of--way you cannot see the house at all. Mr.
Coughlan stated while this is a historic structure, historic structures change over time and
in the Secretary of the Interior's Standards for Rehabilitation, Standard #4, recognizes that
most properties change over time and those changes that acquire historic significance in
their own right shall be retained and preserved. Mr. Coughlan stated a property changes
over time and the key is can you preserve the character of the property. He stated this is
an old Florida piece of property and adding this tree house has not changed the character
of the property but has rather enhanced it. Mr. Coughlan stated while the tree house is
largely supported by its own supports there is a straggling fig that is part of the center
island that grows through the tree house. He stated another issue is will you damage or
kill that tree if the tree house is taken down and under the City's tree ordinance there is an
effort to try and protect historic trees. He stated the tree house is also a benefit to the
community and noted that it is a charitable item and has been offered to many charitable
organizations over the years which have been very popular. Mr. Coughlan stated the
McKinney's have been a really good custodian of the property over the years and it is a
value to the McKinney's. All of the findings of staff are does it block the main view of
the main structure. Mr. Coughlan stated that is the reason that staff said foliage might not
exist lets move it to the side. He stated if all the foliage gets raised to the ground we will
be able to see the main structure but in the history of this property this has never
happened. Mr. Coughlan stated Mr. McKinney is willing to enter into an agreement that
said if the, foliage disappeared and was not regrown or replaced in six months then he
would take the tree house down because at that point the concern raised by City staff
would come to fruition that perhaps it would be in the way of the view but as long as the
foliage is there then there is no way to see the main house and there never has been. Mr.
Coughlan stated anyone who drives by the property probably does not even know the tree
house is there. He stated there is a vacant lot on one side, a big mansion on the other side,
and a slice of old Florida in the middle (the McKinney's property) and noted that the
McKinney's have done a great job with preserving that slice of old Florida and this tree
house adds to that rather than detracts from that. Mr. Coughlan stated he believes it would
do more damage to the property to remove the tree house because it is a benefit and has
really become part of the structure of this property and feels the public sees it that way.
Lastly, Mr. Coughlan read letters into the record from neighbors regarding how they feel
about the tree house. Mr. Coughlan stated the most critical element is does it block the
view of the main house from the right-of--way and noted that it does not. He urged the
City Commission to uphold the appeal and overturn the decision of the Historic
Preservation Board and allow Mr. McKinney to proceed with processing the permits
which he submitted many years ago for this structure.
Mayor Ellis stated if anyone from the public would like to speak in favor or
in opposition of the appeal, to please come forward at this time. There being no one from
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the public who wished to address the Commission regarding the appeal, the public hearing
was closed.
There was no cross-examination.
The following individuals gave brief rebuttals:
Mr. Dorling stated he has heard a lot of staff's recommendations but this. is
really an appeal of HPB's direction which was denial of the application. He stated staff
continues to affirm that the tree house is inappropriately located with respect to the front
facade as identified in the Design Guidelines for the City. Mr. Dorling stated there was a
comment mentioned about this structure not obstructing the view and this being above the
site line of the house. He stated if Mr. McKinney had come into the City for a building
permit he would not have been able to put the tree house there because the City has a
regulation that does not allow someone to have an accessory structure above the height of
a primary structure and the tree house sits above the house but it is not there legally.
Lastly, Mr. Dorling stated you can add to a historic structure but it has to be compatible.
He stated the other additions that have been made to the primary structure do not negate it
historically and are compatible.
Ms. Uguccioni stated the historic home becomes less than because this
structure is such a focal point. She stated the tree house is so overwhelming in terms of
height she believes it does draw your eye to the new structure which is not compatible
with the single family residence. Ms. Uguccioni stated Standard #4 of the Secretary of the
Interior's Standards for Rehabilitation which speaks to the evolution over time, but noted
that the standards came out in 1981 in response to the Federal Tax Act and they were
talking about buildings like colonial buildings which had three or four different owners.
She stated everything we look at for now is 50 years as our threshold and the tree house
which was built in 2001 would never qualify under that standard. Ms. Uguccioni stated
Mr. Coughlan's interpretation of Standard #4 was not a sound interpretation.
Mr. Coughlan stated he would like the Commission to look again at the
pictures he submitted into the record: He stated he feels they are proving negative here in
that it is obstructing the view of something that you otherwise cannot see. Mr: Coughlan
stated while it may draw your eye up if it was gone you still could not see the facade of
the historic structure and you have never been able to see the facade of the historic
structure from A-1-A. He stated they are willing to enter into a condition so that you
never would be able to see the facade or historic structure from A-1-A and if you could
and the tree house was in the way, within a six month period of time that the foliage was
not replanted or it did not grow back, it would be removed. Mr. Coughlan read a brief
passage from the prior hearing held November 19, 2002 from former Mayor David
Schmidt. Mr. Coughlan stated the City has never required someone to tear down a
structure that has been built because of a lack of a Certificate of Appropriateness (COA)
and based upon the evidence submitted he feels there are enough facts to allow the City
Commission to uphold the appeal.
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Mr. Eliopoulos stated as the McKinney's attorney stated the McKinney's
have been great with charities, etc. Mr. Eliopoulos is looking at this as though the tree
house is not there and they are requesting to put it there. He stated if that was the case, he
would not support it because there is no hardship and there are other areas around the
house to put this. Mr. Eliopoulos stated this is more elaborate and is a habitable space and
is not a tree house because you can actually live in it. He stated should the Commission
approve this tonight he would like the Building Department to look at things such as
things that meet typical habitable spaces and treat it more like a house because you can
actually house someone in it. Mr. Eliopoulos stated the City's guidelines state that you do
not place accessory structures in front of a historic structure. He stated if there is a
hardship and someone needs to have a garage because they do not have one and do not
know where to put it then you would start looking at it; however, Mr. Eliopoulos stated he
does not see this as a hardship. Mr. Eliopoulos stated the City's Building Code states that
you cannot exceed the primary structure and in his opinion this is where this failed to meet
some of the City's criteria.
Mayor Ellis concurred with comments expressed by Commissioner
Eliopoulos. She stated that structure would never have been allowed to be built with the
City's Codes and ordinances. Mayor Ellis stated this would not be permitted in its
existing structure in any way and she cannot support this.
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 (denying the
appeal), 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 to adopt the Board Order (denying the appeal) passed with a 5
to 0 vote.
9.D. REJECTION OF BIDS REGARDING THE TOWING RFP AND
AUTHORIZATION TO REBID: Approve the rejection of all bids received for the
wrecker/towing services RFP #2009-02 and authority to rebid the wrecker/towing RFP.
The City Attorney stated this towing bid was discussed at the last meeting
and we have had some review of some points that were brought up by Attorney Michael
Weiner and staff would like to correct some of those in the bid. Also, the City Attorney
stated in discussions staff would like see if they can send out additional notices because
some of the addresses were not as up-to-date as they would have liked them to be. The
City Attorney stated they are hoping to get more than just one bid and the bid the City
received before was not opened and she suggested that the Commission reject these bids
and go out for bid again to see if the City can get additional bids.
Mr. Bernard moved to reject all bids regarding the towing RFP and
authorize a rebid, seconded by Mr. McDuffie. Upon roll call the Commission voted as
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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.
9.E. THIS ITEM HAS BEEN TABLED.
9.F. THIS ITEM HAS BEEN POSTPONED TO DECEMBER 2, 2008.
9.G. REQUEST/GREEN MARKET RELOCATION: Consider approval of a
request from the Historic Delray Green Market to relocate to Old School Square surface
lot (Block 76) for the remaining of this season which ends May 16, 2009.
Robert A. Barcinski, Assistant City Manager, stated the Historic Green
Market is requesting to relocate to the east half of the Old School Square surface parking
lot for this green market season. He stated part of the reason is with the construction
currently going on in Worthing Park there is no load in area and it could be dangerous
because the parking lot is blocked off and there is going to be some noise. Mr. Barcinski
stated the only conflict would be the Garlic Festival and Lori Nolan, Green Market
Manager has indicated that she may cancel that weekend. Mr. Barcinski stated staff does
not anticipate any other conflicts based on his last meeting and scheduling, and by the
time they get through State approvals and the bid process the park construction will
probably not start until May 2009. Mr. Barcinski stated there will not be any overtime
because they can leave barricades and volunteers or the regular crews that work the
weekend can help set up. Mr. Barcinski stated staff has no objection to this request and
commented that Marjorie Ferrer and Peggy Murphy also felt it would be a good location
and would help bring people down Pineapple Grove Way.
Mayor Ellis asked if it is the east half of the parking lot. Mr. Barcinski
confirmed that this is correct.
Mr. Eliopoulos moved to approve the request for the relocation of the
Historic Delray Green Market, seconded by Mr: Bernard. 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.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated Mr. Eliopoulos had previously pointed out that
the garbage truck emptied the recycling bin into itself. Staff did visit Mr. Eliopoulos'
office and the yellow cart had good things in it that looked like good recyclable material.
The City Manager stated staff contacted Waste Management and made them aware of the
concerns expressed by Commissioner Eliopoulos. The City Manager stated staff will
monitor the site to try to make sure they handle it the way they should.
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11/03/08
Secondly, the City Manager stated all of the office paper and cardboard
could be recycled at no charge by using the containers here north of City Hall.
The City Manager stated at the last meeting there were concerns raised
about the City's purchasing process and noted that this will be discussed at the November
11, 2008 Workshop Meeting.
He stated for the fourth consecutive year the National Digital Cities
Survey that is handled in coordination with the National League of Cities places the City
of Delray Beach in the top ten for cities of our size. The City Manager stated the City of
Boynton Beach is #10 this year and the City of Delray Beach is #8 and the Town of
Jupiter is #3 or #4. He stated this is quite interesting to have three Palm Beach County
cities on that list.
Lastly, the City Manager stated the revenues for fiscal year 2008 came in
$1 million less than expected but the good news is through the money saving measures
that have been put in place to control expenditures and with the hard work of the
Department Heads and all City employees, the expenditures came in $2 million under
budget. The City Manager stated there is not an extra million to spend because looking at
that year in isolation and some money was brought forward from the prior year to balance
that budget to begin with, the City still has a $600,000.00 deficit. He reiterated that staff
did an outstanding job and he would like to celebrate in some way and discuss this at a
later date with the Commission.
Mayor Ellis stated this is really an outstanding effort on behalf of our staff
to come in $2 million below budget expecting that the revenues were not going to meet
the projections. She thanked staff and hopes there is a way that the Commission can
show their appreciation.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated he had the pleasure of attending a presentation last
Thursday at Carver Middle School. He stated that Jarden Consumer Solutions has
provided a grant for the before school program of over $7,600.00 and he was very
impressed with the media center. Mr. Fetzer stated there were over 200 students
participating in the program and he thanked the City Manager and staff for getting this
going.
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Secondly, he stated he attended the Chris Evert Raymond James Charity
Event over the weekend. Mr. Fetzer stated he feels the event was very successful and
noted that over $1 million was raised.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos commented about the email from Nancy Schneider to see
if local government will support this Climate Action. He stated this has to go to the
Federal level and he would like to support it. Mr. Eliopoulos stated this has a lot of good
things that we want to see our government do and noted that the City of Boynton Beach
is supporting this.
.Secondly, he stated TJ Jackson who works at one of the fitness studios
south of here would like to see about giving a Workshop presentation to the Commission
on Fitness for Youth. He stated it is all ages and has it set up where if someone is less
fortunate then he may charge a minimal fee per day and it is all about every sporting
event and is not just geared towards football and is all about them being healthy with
their lives and it builds up on speed. Mr. Eliopoulos stated a lot of times they actually do
these on school campuses and as the kids get out of school they have to spend an hour
doing homework with the leaders that he brings in (i.e. professionals from different
sports). Mr. Eliopoulos feels this is a great way for us to be educating our youth again
with different ways about being fit.
Lastly, Mr. Eliopoulos commented about Chevelle D. Nubin, City Clerk,
being sworn in as President of the Palm Beach County Municipal Clerk's Association.
13.C.3. Mr. McDuffie
Mr. McDuffie stated he too spoke to TJ and noted he was with the people
from the football camp that was at Plumosa last year. Mr. McDuffie stated TJ came to
the first Delray Rocks. Breakfast Meeting that he had at Donnie's and feels this is worth
looking into and noted TJ is very active in the community. Mr. McDuffie stated
everyone recalls when the Delray Rocks attended the Commission Meeting and how they
were disappointed with the contrast between the soccer complex and Hilltopper Stadium
and several people went to work on trying to find out things. Mr. McDuffie stated at the
Breakfast he set up another meeting which was an evening meeting at the Community
Center. Mr. McDuffie stated very disappointingly the only person other than
Commissioner Bernard that showed up was Reverend Winston Hudson. Mr. McDuffie
stated he is still willing to do this but someone from the Delray Rocks has to come and
noted what he does not want them to do is to do it at the beginning of next season when it
is too late for the Commission to do anything. Mr. McDuffie stated he will continue to
pursue this through at least one more meeting.
Secondly, Mr. McDuffie stated he was invited to Cason United Methodist
Church to open their community garden. He stated Cason is going to turn the five acres
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into green space and feels this is a great step for the community and is encouraged to
know that Spady Elementary PTA has bought avegetable/food plot and the kids are
going to work it. Mr. McDuffie stated they are also going to take some of the things that
are grown there and give them to the Caring Kitchen.
He stated he attended the Chris Evert Raymond James Celebrity Gala and
tournament. Mr. McDuffie stated aside from bad weather on Saturday the event was very
successful.
Mr. McDuffie congratulated staff for coming in with expenditures $2
million below budget.
He stated due to the change in the meeting tonight to avoid the Election,
Mr. McDuffie stated he actually gets to go to Banyan Creek's PTA and SAC meeting
tomorrow evening.
Lastly, Mr. McDuffie stated on November 15, 2008 he will speak at a
Florida Atlantic University (FAU) class regarding ethics.
13.C.4. Mr. Bernard
Mr. Bernard stated on November 10, 2008 he believes most of the
Commission received a letter that we were inviting the community stakeholders in terms
of taking a look at the Southwest Redevelopment Plan. He stated he spoke to Delores
Rangel, Administrative Assistant today and she is going to post the meeting and he would
love to have the entire Commission there so that they can take a look at the plans to see
what they have done and see what they can do in the future to improve the plans and
move the southwest area along.
Mr. Bernard stated he will be out of town November 14-18, 2008 and will
not be here for the City Commission Meeting of November 18, 2008.
He stated he attended the Chris Evert Celebrity Tournament and it was a
wonderful event. Mr. Bernard commended the City staff, and the Delray Beach Police
Department for the way everything was handled and the fact that the event raised $1
million.
Mr. Bernard stated he attended the 11 `h Annual Multi-Cultural Festival and
it was a great event. He stated in the future he hopes that more of the City Commission
will be there.
He stated it was disappointing to be at the Delray Rocks Meeting and have
no one to show up. Mr. Bernard stated he hopes that he and Commissioner McDuffie
will try to contact the key constituents in making sure that the next time we do set up a
meeting we can make sure at least the people who are here are able to attend.
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11 /03/08
Mr. Bernard stated last Thursday he was able to speak to Dr. Weigel in
terms of how we can improve Atlantic High School. The community had a meeting at
Pompey Park in terms of addressing some of the concerns that are taking place at Atlantic
High School. He stated based on talking to Dr. Weigel he believes there are two things
that we as a City, a community, and the Delray Beach Police Department can do to help
Atlantic High School. Mr. Bernard stated the first thing is to try to reduce the suspension
rates and he hopes along with the Education Board and Janet Meeks that the City can find
a way to help Dr. Weigel and she will welcome that. Mr. Bernard stated the second issue
is to try and increase the SAT and the ACT scores. He stated he hopes that the Education
Board, the City, and the community can try to help her in terms of achieving those goals.
Mr. Bernard stated this morning he had a meeting with the Delray Beach
Police Department, the community, and the leaders and it was great. to hear that although
there are 160 gangs in Palm Beach County, it does not appear that Delray Beach has a
gang problem. He stated he felt that this was reassurance of the job the Police
Department is doing in the community. Mr. Bernard stated he had a chance to speak and
told them that he hopes that in 2010 the City of Delray Beach will become an All-
America City one more time.
He stated he was disappointed that we were not able to use the Delray
Beach Library for the early voting because he believes in these tough economic times this
would have been an opportunity for the library to showcase itself and 'the people who
would have had the opportunity to come to early voting would have had the opportunity
to see the library. Mr. Bernard stated he voted early at the Palm Beach County Library
(Hagen Ranch Road Branch in Delray Beach) and since he had never been to the library
he feels there is a lasting impression in his mind. He stated he believes this. would have
been the same affect that Delray Beach could have gotten out of its library had it been
used for early voting. If the City is able to work out the logistics, Mr. Bernard hopes we
can do that in the future.
13.C.5. Mayor Ellis
Mayor Ellis stated she went to the community garden and planted eggplant
and feels this is truly a unique idea. She stated they are asking to give a certain
percentage of the yield of this to the Caring Kitchen.
Secondly, she stated she did not make the tennis tournament because her
accountant was in town and she is sorry to report that her company did not have the same
outcome as the city. Mayor Ellis stated this is an outstanding effort regarding the $2
million less in expenditures. She stated she is amazed and overwhelmed and hopes there
is a way that the Commission can express their appreciation to City staff.
Mayor Ellis stated she was looking forward to the event in the Southwest
section; however, she will be out of town from November 9-16, 2008 and will not be
there.
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11/03/08
She stated the Downtown Association will be in town on Thursday,
November 6, 2008 for a conference at the Marriott Hotel. Mayor Ellis stated Marjorie
Ferrer, Joe Gillie, Diane Colonna, and she will be hosting a panel on how important
culture is to a community and having a city and its residents support that initiative.
Mayor Ellis stated there will be about 75 attendees.
There being no further business, Mayor Ellis declared the meeting
adjourned at 8:45 p.m.
City Clerk
ATTEST:
~~~ ~~
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 3, 2008, which Minutes were formally approved and adopted by the City
Commission on November 18, 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.
-34-
11 /03/08
FORM gB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF 80AR0, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
" oulos Ga Delray Beach City Commission
WLING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
Oulevard WHICH 1 SERVE IS A UNIT OF:
ITY COUNTY CITY D COUNTY O OTHER LOCAL AGENCY
Delia Beach Florida 3.4445 Palm Beach NAME ~ PouTICAL suaolvlsloN:
OATE ON WHICH VOTE OCCURRED Clt of Delia Beach
l l ~ 3 ~ 2008 MY POSITION IS:
~ ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, dty, 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, muniapal, or other local public efface 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 (inducting the
bent organization or subsidiary of a corporate principal bywhich he or she is retained); to the special private gain or loss of a relative; or
the spedal 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 law, a "relative" includes only the officer's f~her, 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.
1~ 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 ~~~Pi
CE FORM 88 - EFF. 112000
Item 8.L = Item 9.A.A.A. PAGE1
(SPRAB Item B, Marriott Residence Inn)
APPOINTED OFFICERS (continued)
• A copy of-the forth must be provided immediately to the other members of the agency.
• The form must be read publicly atthe 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 partiapa6ng.
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 fomt is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Garv Eiiogoulos ,hereby disclose that on . November. 3 2008
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
.:.
~- inured to. ttie special gain or loss of my business associate,- Eliopoulos Archtecture,. 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. speaal 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:.
11/03/2008
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 88 - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND, OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRSTNAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
' oulos Ga Delray Beach City. Commission
IAIUNG ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
oulevard WHICH I SERVE IS A UNfT OF:
'IN COUNTY CITY ^ COUNTY ^ OTHER LOCAL AGENCY
Delra Beach Florida 3.4445 Palm Beach NAME OF POUnCAL su6o1VIS1oN:
OATE ON WHICH VOTE OCCURRED Cit of Delra Beach
11 /3 / 2008 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 112.31.43, FLORIDA. STATUTES.
A person holding elective or appointive county, muniapal, 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-
-•rre 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
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
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 arty national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disGose 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.
"- 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 siriat
CE FORM SB - EFF- 1/2000
Item 9.B PAGE1
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 6Y 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 wote.occurs with the person responsible for recording ,the minutes of the
meeting, who must incorporate the form in the minutes: A copy of the fonn 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, raT~p Eiiopoulos ,hereby disclose that on November 3 , 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 speaal gain or foss of my business associate, Eiiopoulos Architecture, -Inc.. ;
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
_ inured to the special gain: or loss o(_
by
_, 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:.
11/03/2008
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 88 - EFF. 1!2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR-
. COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LASTNAME-FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
" oulos Ga Delray Beach City Colmnission
WUNG ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
oulevard VIMICH I SERVE IS A UNfT OF:
IlY COUNTY CnY O COUNTY O OTHER LOCAL AGENCY
Delra Beach Florida 3.4445 Palm Beach NAME OF POLITICAL susomsloN:
DATE oN vvHlcH vorE occuRREO Cit _ of Delray Reach
11/3/2008 ~ n+YPOSInoNis:
WHO MUST FILE FORM 8B
ELECnvE O APPOINnVE
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-
~~ Ire 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
cent 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
Ici3.357, 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 disGose 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.
"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 siriPl
CE FORM 86 - EFF. 1/2000
Item 9.F PAGE1
APPOINTED OFFICERS (continued)
• A Dopy of the form must tie 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 par6apating.
• You must complete the form and file it within 15 days after the vote occxus with the person responsible for recording .the minutes of the
meeting, who must incoiporate 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, Garv Eiiovoulos , hereby disGose that on November 3 , 2008 -
(a) Ameasure came or will come before my agency which (check one)
_ inured to my specal private gain or loss;
~- inured to,ttie special gain or loss of.my business associate, Eliopoulos Architecture, .Inc.. .
inured to the special gain or bss of my relative,
_ inured to the special gain or loss of , by
whom I am retained; or
_ inured to the specal 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:.
11/3/2008
Date Filed
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 8B - 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, AtJT11pR(Ty, OR COMMITTEE
" ou os Ga Delray Beach City Commission
RAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
~ Oulevard WHICH I SERVEIS A UNtT OF.
CITY COUNTY cIT~' OCOUNTY ^OTHERLOCALAGENCY
Delra Beach Florida 3.4445 Palm Beach ~EOFPOUncALSUeonnstoN:
GATE ON WHICH VOTE OCCURRED Cit of Delra Beach
11 ~3 ~ 2UU8 MY POSITION IS:
ELECTIVE p gppOlN~~
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 SECTIQN 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 Yo the special gain or Toss of a principal (other than a government agency) by whom he or she is retained (inGuding 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
X63.357, 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" inGudes 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 disGose 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 disGosA 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 siciPl
CE FORM 88 - EFF. 1/2000
Item 10.B PAGEt
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 ote 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
I, Gar. v Eiiop~ulos , hereby disGose that on November 3
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
g~ 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
whom 1 am retained; or
inured to the special gain: 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.rny conflicting interest in the measure is,as follows:
11/03/2008
Date Filed
20 U8 -
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