11-18-08 Minutes RegNOVEMBER 18, 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 18, 2008.
1. Roll call showed:
Present- Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie B. McDuffie
Mayor Rita Ellis
Absent - Commissioner Mackenson Bernard
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 Nancy Norman with Unity
Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis stated the Applicant has requested that Item 8.A.,
Acceptance of Right -of -Way Dedication /36 First Office Building /S E 1St Avenue be
removed from the Consent Agenda.
Mr. Eliopoulos requested that Item 8.G., Amendment No. 1 /Community
Redevelopment Agency (CRA) /Chamber of Commerce Relocation and Public
Parking Space Agreement, of the Consent Agenda be moved to the Regular Agenda as
Item 9.A.A.
Also, Mr. Eliopoulos requested that Item 8.K., Review of Appealable
Land Development Board Actions Historic Preservation Board, Item #1 (200
Marine Way), of the Consent Agenda be moved to the Regular Agenda as Item
9.A.A.A.
Mr. McDuffie moved to approve the Agenda as amended, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr.
McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4
to 0 vote.
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5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
November 3, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer —
Yes. Said motion passed with a 4 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the Special/Workshop
Meeting of November 11, 2008, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer —
Yes; Mr. McDuffie — Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Recotnizini! and commending the Lifeguard Emergency Medical
Service Competition Team on their Second Place finish in the 2008 Clin -Con
Competition
Mayor Ellis read and presented a proclamation hereby recognizing and
commending Ocean Rescue Operations Supervisor Nina Mattos, EMT, Ocean
Rescue Officer Conor Gorman, EMT, and Ocean Rescue Officer Luigi Pratt, EMT
for their outstanding representation of the City of Delray Beach and offered them
congratulations for a job well done in the 2008 Clin -Con Competition. Bob Taylor,
Ocean Rescue Superintendent came forward to accept the proclamation and gave a few
brief comments.
7. PRESENTATIONS:
7.A. City of Delray Beach Residents Academy Certificates — Janet Meeks
Janet Meeks, Education Coordinator, presented the following graduates of
the City of Delray Beach Residents Academy with certificates:
Francesca Andretta - Pulera
Barbara Bergenty
Michael Beck
John Creaven
Gene Dunn
Suzanne Ellefson
Paul S. Erstein
Noelle Frederickson
James W. Friedman
Joseph Gaston
Mary Leavenworth
Nate Leavenworth
Pamela Lewis
Donald Klein
Naomi Motta
Ruth Ann McDonald
Kevin McNally
Joe Okin
Millie Okin
Joyce Poses
Joan Rosenstock
Laura Reines
Arnold Strickman
Ralph Senese
Rebecca Truxell
Nancy Valentine
Sandra Weatherspoon
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f
y
At this point, Lauren Reines from the Residents Academy thanked the
City Commission for providing the citizens with this opportunity and a special thank you
to Janet Meeks for doing a great job with this program.
At this point, John Creaven from the Residents Academy came forward
and thanked Janet Meeks for putting on a fantastic program and noted that it far exceeded
his expectations. He stated it was professionally conducted and appreciates the
opportunity to take it.
7.B. RESOLUTION NO. 48 -08: Approve Resolution No. 48 -08 recognizing
and commending Robert Jolley for 35 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 48 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
RECOGNIZING AND COMMENDING ROBERT
JOLLEY FOR THIRTY -FIVE YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY
BEACH.
(The official copy of Resolution No. 48 -08 is on file in the City Clerk's
office.)
Mayor Ellis read Resolution No. 48 -08 into the record and presented Mr.
Jolley with the resolution and a plaque.
Linda Karch, Director of Parks and Recreation, stated on behalf of the
Parks and Recreation Department, Mr. Jolley has been a pleasure to work with and he
always has a smile on his face. Mrs. Karch wished Mr. Jolley the best in his retirement.
Bob Jolley, Park Ranger /Parks & Recreation, came forward to accept the
proclamation and the plaque and thanked everyone for the recognition. Mr. Jolley stated
it is the people that help make an individual grow.
Mr. Eliopoulos moved to approve Resolution No. 48 -08, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis — Yes. Said motion passed with a 4 to 0
vote.
7.C. Government Finance Officers Association - Certificate of
Achievement for Excellence in Financial Reporting
Mayor Ellis read a statement into the record regarding the press release for
the Government Finance Officers Association — Certificate of Achievement for
Excellence in Financial Reporting. The Certificate of Achievement is the highest form of
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recognition in the area of governmental accounting and financial reporting and its
attainment represents a significant accomplishment by a government and its management.
Mayor Ellis stated this is the 25`h consecutive year that the Finance Department has
received this award.
Joseph Safford, Director of Finance, came forward to accept the award
and thanked Milena Walinski, Assistant Finance Director, and her staff of accountants.
He stated this has been an exceptionally professional crew and most of them have been
employed with the City for over 20 years and he feels this speaks well of the City. He
stated in the 18 years that he has been employed with the City there have been excellent
City Commissions and the Finance Department has received excellent support from the
City Manager and the citizenry. Mr. Safford stated the Finance Department takes pride in
the department and this award shows it. Mr. Safford congratulated his entire staff.
Mayor Ellis stated this is a milestone and a real achievement.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.B. RESOLUTION NO. 59 -08 /ABANDONMENT OF AN
EASEMENT /MAROONE DODGE DEALERSHIP: Approve and adopt Resolution
No. 59 -08 vacating and abandoning an easement within the Maroone Dodge Dealership
located at 700 & 706 N.E. 6t" Avenue.
The caption of Resolution No. 59 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
VACATING AND ABANDONING A UTILITY
EASEMENT WITHIN THE MAROONE DODGE
PROPERTY LOCATED NORTH OF LINTON
BOULEVARD, BETWEEN WALLACE DRIVE AND
S.W. 1 OTH AVENUE AND AS MORE
PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 59 -08 is on file in the City
Clerk's office.)
8.C. CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL) /RSI OF
FLORIDA/FIRE STATION NO. 2 RE- ROOFING: Approve Contract Closeout
(Change Order No. 1 /Final) in the amount of a $2,500.00 decrease and final payment in
the amount of $17,243.30 to RSI of Florida for the completion of Fire Station No. 2 Re-
Roofing Project. Funding is available from 334 - 6112 -522- 46.1.5 (General Construction
Fund/Repair & Maintenance Services/Roof Repair -Fire Station).
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S.D. CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL) /H & J
CONTRACTING INC./LAKEVIEW GOLF COURSE POND EXPANSION:
Approve Contract Closeout (C.O. No. I/Final) in the amount of a $141.52 decrease and
final payment in the amount of $11,393.97 to H & J Contracting, Inc. for completion of
the Lakeview Golf Course Pond Expansion. Funding is available from 441- 5181 -536-
65.96 (Water & Sewer Fund /Other Improvements/Reclaimed Water Transmission).
8.E. RESOLUTION NO. 58 -08: Consider approval and adoption of
Resolution No. 58 -08 opposing and protesting the efforts of Miami -Dade County to
eliminate the ability of the Cities to recover costs of providing water and sewer service
outside its municipal boundaries.
The caption of Resolution No. 58 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, OPPOSING AND
PROTESTING THE EFFORTS OF PALM BEACH
COUNTY TO DENY THE CITY'S WATER & SEWER
UTILITY THE SAME RATE- SETTING AUTHORITY
GRANTED TO ALL MUNICIPALITIES IN THE STATE
OF FLORIDA THAT OPERATE WATER OR SEWER
UTILITIES OUTSIDE THEIR MUNICIPAL
BOUNDARIES.
(The official copy of Resolution No. 58 -08 is on file in the City Clerk's
office.)
8.F. AGREEMENT /HORSE DRAWN CARRIAGES, INC.: Approve an
agreement between the City and Horse Drawn Carriages, Inc. to provide horse and
carriage rides along Atlantic Avenue and N.E. 2nd Avenue as specified from November
20, 2008 through May 30, 2009; contingent on the receipt of a certificate of liability
insurance.
8.G. AMENDMENT NO. 1 /COMMUNITY REDEVELOPMENT
AGENCY (CRA)/CHAMBER OF COMMERCE RELOCATION AND PUBLIC
PARKING SPACE AGREEMENT: Approve Amendment No. 1 to the Chamber of
Commerce Relocation Agreement and Public Parking Space Agreement with the
Community Redevelopment Agency (CRA) to modify the location and square footage of
the Chamber of Commerce space.
8.H. REVISED INTERLOCAL AGREEMENT /PALM BEACH
COUNTY /DROWNING PREVENTION COALITION (DPC): Approve a revised
Interlocal Agreement with Palm Beach County to include the dates for swim lessons in
the revised "Exhibit A" for reimbursement of swimming lessons not to exceed $50.00 per
class for the Learn to Swim Program at Pompey Park and the Delray Swim & Tennis
Center through the Drowning Prevention Coalition of Palm Beach County.
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8.I. TRAFFIC ENFORCEMENT AGREEMENT/COLONY AT
DELRAY HOMEOWNERS ASSOCIATION: Approve an agreement between the
City and the Colony at Delray Homeowners Association allowing the Delray Beach
Police Department to enforce local and state traffic laws on its property.
8.J. SPECIAL EVENT REQUEST/RUN FOR MIRACLES /MILAGRO
CENTER: Consider approval and endorsement of the 3` Annual Run for Miracles
sponsored by the Milagro Center to be held on January 31, 2009 from 7:30 a.m. to
approximately 10:30 a.m., grant a temporary use permit per LDR Section 2.4.6(F) for the
closure of A -1 -A from Casuarina to George Bush Boulevard and Anchor Park from 5:00
a.m. to approximately 10:30 a.m., and authorize staff support for traffic control,
barricading and clean up, use of half of the small stage, and a waiver of parking meter
fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from
Venetian Drive to A -1 -A from 8:00 a.m. until approximately 11:00 a.m.; contingent upon
receipt of a certificate of liability insurance and an executed hold harmless agreement.
81C THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Contract award to JCI Jade Communications, Inc. in the amount of
$52,748.07 for the installation of telephone, data and fiber optic
communications (low voltage wiring) regarding the City Hall
Interior Renovations. Funding is available from 334- 6111 -519-
62.45 (General Construction Fund/Miscellaneous /Data Cabling).
2. Contract award to JW Cheatham, LLC in the amount of
$140,514.90 for the road construction on Mango Drive/Reigle
Avenue /S.W. 7th Avenue. Funding is available from 118 -1960-
554- 68.27 (Neighborhood Services /Other Improvement /Mango
Dr/Reigle Dr & S.W. 7th Avenue).
3. Contract award to Rosso Paving & Drainage Inc. in the amount of
$480,217.00 for the construction of Bike Lanes along Homewood
Boulevard between Lowson Boulevard and W. Atlantic Avenue.
Funding is available from 334- 3162 -541 -68.46 (General
Construction Fund/Other Improvement/Homewood Boulevard
Bikepaths).
4. Purchase award to American Traffic Products and Services in the
amount of $19,583.80 for the City's yearly supply of signs and
sign supplies. Funding is available from 001 - 3141 -541 -52.20
(General Fund/General Operating Supplies).
5. Purchase award to Tanner Industries at an estimated annual cost of
$50,000.00 via the City of St. Augustine, Florida contract #
PW2007 -05 for the purchase of anhydrous ammonia. Funding is
available from 441 - 5122 -536 -52.21 (Water and Sewer
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Fund/Operating Supplies /Chemicals).
6. Purchase award to Bear Paw in the amount of $57,854.00
retroactive for the replacement of the 911 recorder. Funding is
available from 001- 2111- 521 -64.12 (General
Fund/Machinery /Equipment /Office Equipment).
7. Purchase award to Southern Sewer Equipment Sales in the amount
of $287,506.00 via the City of Jacksonville approved purchase Bid
No. XF — 0485 for the purchase of one (1) 2008 Vac -Con Sewer
Cleaner Truck model VPD4212LHA/1300 with mounted and
installed options for Stormwater Utilities Maintenance. Funding is
available from 448 - 5461 -538 -64.25 (Storm Water Utility
Fund/Heavy Equipment).
Mr. Eliopoulos moved to approve the Consent Agenda as amended,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer —
Yes; Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said motion passed
with a 4 to 0 vote.
9.A. REGULAR AGENDA:
9.A.A. AMENDMENT NO. 1 /COMMUNITY REDEVELOPMENT
AGENCY (CRAVCHAMBER OF COMMERCE RELOCATION AND PUBLIC
PARKING SPACE AGREEMENT: Approve Amendment No. 1 to the Chamber of
Commerce Relocation Agreement and Public Parking Space Agreement with the
Community Redevelopment Agency (CRA) to modify the location and square footage of
the Chamber of Commerce space.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
The City Attorney stated_ this is an amendment to the Chamber of
Commerce Relocation and Parking Space Agreement that shows a relocation agreement
for the Chamber of Commerce and also depicts the space currently for sale. There is a
small alteration in the square footage but the agreement will still provide for the build out
even though it is a little lesser square footage for the Chamber. As part of this, the
Chamber of Commerce will be able to use the storage space as well. `
Mr. McDuffie moved to approve Item 9.A.A. (formerly Item 8.G.),
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie
— Yes; Mayor Ellis — Yes; Mr. Fetzer — Yes. Said motion passed with a 3 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 November 3, 2008 through November 14, 2008.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
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Mr. Fetzer moved to receive and file the report, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis — Yes; Mr.
Fetzer — Yes; Mr. McDuffie — Yes. Said motion passed with a 3 to 0 vote.
9.A. CONDITIONAL USE REQUEST /DELRAY BEACH YACHT
CLUB: Consider a conditional use request to allow re- establishment of the Delray
Beach Yacht Club in an existing two -story 8,316 square foot yacht club building with
dining facility, boat docks, pool and outdoor snack bar, located at 110 MacFarlane Drive.
(Quasi- Judicial Hearing)
Mayor Ellis read the City of Delray Beach procedures for a Quasi - Judicial
Hearing into the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008 -242 into the record.
Mr. Dorling stated the application before the Commission is to reestablish
a conditional use for a previously existing 8,316 square foot two story building know as
the Delray Beach Yacht Club which includes a dining area, pool, and outdoor snack bar
and is located on MacFarlane Drive on the Intracoastal. He stated pursuant to LDR
Section 2.4.5(E)(6) when a conditional use is discontinued or abandoned for a continuous
period of 180 days or more, or an intervening use is established, the conditional use may
not be re- established without approval of the conditional use application. The existing
operation ceased on February 21, 2006 therefore the 180 days has expired.
At its meeting of March 6, 2006, the City Commission approved a
conditional use request which included demolition of the existing yacht club and
establishment of a new yacht club used to be known as "The Yacht Club at Delray
Beach ". Mr. Dorling stated those have subsequently received additional extensions
through March 6, 2012 and the Site Plan through April 26, 2012. Mr. Dorling stated part
of the argument was because of market conditions and the banks were requiring those
additional extensions for time on the new project. He stated while they are marketing
those units, they would like to re- establish the previous use and operate it in the interim.
Mr. Dorling stated the Planning and Zoning Board considered this at their
meeting of November 17, 2008 and unanimously recommended approval. There was
significant discussion about an easement item that related to a variance that was
previously granted for some docs. The Board did not apply this as a condition but said
that they hoped the parties could work this out. Mr. Dorling stated the applicant has been
working diligently on that.
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The re- establishment of the use has three conditions that are listed in the
staff report and the applicant has agreed to these conditions. Staff recommends approval
of the conditional use request subject to the three conditions listed in the staff report.
Jason Mankoff, Attorney with Weiner, Aronson & Mankoff, 10 S.E.
1St Avenue, Delray Beach (representing the Applicant), stated they accept and agree to
all the conditions of approval, adopt and incorporate the staff report as substantial
competent evidence that the requirements for granting the conditional use have been met;
specifically the findings relating to Section 2.4.5.(E) of the Land Development
Regulations which require that the use will not have a detrimental effect upon the
stability of the neighborhood or hinder development or redevelopment of nearby
properties. Mr. Mankoff stated the City's Board Order also requires findings related to
the Comprehensive Plan specifically for the Future Land Use Map and Concurrency and
each are met. He stated in addition to the conditions of approval the applicant has agreed
to make substantial additional improvements to maintain and improve the property at a
cost of approximately $35,000.00. Mr. Mankoff stated the applicant has always strived
to be a good neighbor and spends approximately $160,000.00 a month in total expenses
related to the property. As a result, the applicant is requesting to re- establish the yacht
club use in an effort to recoup some of these funds until the economy rebounds and the
proposed project can be built.
Mr. Mankoff stated the Commission approved an extension of the
proposed Yacht Club at Delray Beach project for this property last month. As a condition
of approval for this request tonight, the applicant agrees that once a building permit is
issued for that project tonight, then the re- establishment of the Yacht Club will
automatically become null and void. He stated an Attorney from Seagate Towers will be
speaking tonight regarding their request to add a condition that an access agreement be
required between the applicant and Seagate Towers to allow maintenance and restoration
of the seawall from the southern property line of the yacht club. He stated this agreement
basically shares the cost and the operations of maintaining that seawall between the two
parties. Mr. Mankoff stated they are willing to add a condition that would say that "the
parties would negotiate and finalize an agreement similar to the party wall agreement
between the Delray Beach Yacht Club and Bar Harbour Condominium Association
which was recorded on August 12, 2003 in OR Book 15680, page 457. He stated the
benefit of the agreement is that there will be consistent maintenance of both sides of the
seawall and both sides want the seawall maintained which is the in the best interest of
both parties.
Joshua McAlees, Applicant, stated he spoke to BK Marine today who
was the original dock contractor in 2003 and they are confident that they can prepare the
seawall from the land side and if they need to access it from the water side that ten feet is
sufficient. He stated he spoke with the Seagate Towers Association President and
confirmed that they want to make an agreement like the north side (Bar Harbour
Condominium Association) and they will share half the costs.
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Roxanne Feldman, Attorney representing the Seagate Towers, stated
they are closer to an agreement tonight and they would like to support the Applicant's
conditional use application without conditions; however, they would like it to be noted
that Seagate Towers Condominium Association and the Applicant will agree to a Party -
Wall Agreement similar to that of the recorded Party -Wall Access Agreement with Bar
Harbour which will also be recorded into the public record.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the conditional use request, to please come forward at this time.
Charles Bonfield, 220 MacFarlane Drive, Delray Beach (President of
the Seagate Towers Condominium Association), stated he feels it is in everyone's best
interest to have the most brilliant yacht club that we can have. He urged the Commission
to approve.
There being no one else from the public who wished to address the
Commission regarding the conditional use request, the public hearing was closed.
There was no cross - examination or rebuttal.
The City Attorney stated she would like to add this as a condition and that
all parties agree that she is going to do that with the condition as specified that the
applicant will negotiate a Party -Wall Agreement with Seagate Towers Condominium
similar to the Agreement with the party to the north, Bar Harbour Condominium
Association, Inc. that was recorded in the public records (OR Book 15680, page 457) that
will also be recorded in the public records.
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 subject to the conditions set
forth on Exhibit "A ", seconded by Mr. Eliopoulos. Upon roll call the Commission voted
as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis —
Yes. Said motion passed with a 4 to 0 vote.
9.B. SPECIAL EVENT REQUEST /SAVOR THE AVENUE: Consider
approval and endorsement of a new event, Savor the Avenue, sponsored by Florida Table
Magazine and supported by the Downtown Marketing Cooperative to be held on March
26, 2009 from 5:30 p.m. to 8:30 p.m., grant a temporary use permit per LDR Section
2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of
N.E. /S.E. 5`h Avenue, and authorize staff support for traffic control and barricading;
contingent upon receipt of a certificate of event and alcohol liability insurance and an
executed hold harmless agreement.
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Robert A. Barcinski, Assistant City Manager, stated this is a new event
called Savor the Avenue proposed to be held on March 26, 2009 from 5:30 -8:30 p.m.
sponsored by Florida Table Magazine and supported by the Downtown Marketing
Cooperative. He stated this is a food and wine event and is basically an outdoor cafe
stretching from Swinton Avenue to Federal Highway. The restaurants would be involved
in getting their own sales of their meals and setting up their tables. The event producer
will be required to rent tables /chairs and set those up and provide that service. The City's
estimated costs are $1,345.00 for police assistance primarily barricading and trash boxes.
Staff recommends approval of the event with conditions that we receive the event permit
fee by December 1St, and that the City receive a certificate of event and alcohol liability
insurance as well as a hold harmless agreement a few weeks prior to the event.
Mayor Ellis inquired if there are a limited number of tables for the
restaurants. Marjorie Ferrer, Downtown Marketing Coordinator, stated this is a new
event and came from Park City, Utah where Boca Magazine and Florida Table had seen
it. Mrs. Ferrer stated they really wanted to do the longest dining room table in Florida.
She stated 15 restaurants have been secured who will sell their own tickets at a fixed
price menu and they will be served down the middle of this very long table. She stated
each restaurant will have its own table setting, service, cleanup, and menu. Mrs. Ferrer
stated this is a different way of doing economic development for the restaurants.
LouAnn stated a lot of the restaurants are very excited about the
opportunity because it is an extension of their business. She stated this is very unique
and this will be a pre -fixed menu with reservations being taken. She stated the value to
the diners is that they are really just paying for the food for the evening and the wines are
complimentary and are paired with the four dishes served that evening. She stated there
will be some jazz and live entertainment and a grand toast which they are hoping that the
Mayor will give. She stated Vick and Angelo's stated they would like 100, Sundy house
is the same, Caffe Luna Rosa and Boston's will be coming over and they will have to
provide areas and stations for them so they can keep things warm and so that they can
cart back and forth. The chefs are looking at different menus and there will be different
prices. The consumer will have a choice between a $100.00 pre -fix menu to a $45.00
pre -fix menu and the menus will vary. She stated other restaurants include 432, City
Oyster, Lemon Grass, 32 East and other great restaurants that represent the epicurean
experience that is here in Delray Beach and feels this will bring a lot of notoriety to the
area.
Mr. McDuffie . moved to approve the Special Event Request Savor the
Avenue on March 26, 2009 from 5:30 p.m. to 8:30 p.m., subject to staff conditions,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said
motion passed with a 4 to 0 vote.
9.C. REJECTION OF ALL BIDS /LANDSCAPE MAINTENANCE
PROJECT: Consider a request to reject all bids and re -bid Bid #2009 -01- Landscape
Maintenance for Lake Ida Road Medians.
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Linda Karch, Director of Parks and Recreation, stated this item is to
approve a request to reject all bids and re -bid Item #2009 -01 — Landscape Maintenance
for Lake Ida Road medians. The annual bid opening for Landscape Maintenance at Lake
Ida Road medians was on October 16, 2008 at 3:00 p.m. There were 17 landscape
companies that submitted proposals in a timely manner; however, due to incorrect
calculations and incomplete proposals to addendums, the Parks and Recreation
Department would like approval to reject all bids and re -bid Item #2009 -01. Ms. Karch
stated since many of the bidders happen to be new bidders next time when they go to bid
they are going to give an orientation and go through the bid item by item so everyone is
clear on how to bid.
Mr. Eliopoulos moved to approve the rejection of all bids and re -bid Bid
#2009 -01 Landscape Maintenance for Lake Ida Road medians, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie — Yes;
Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4
to 0 vote.
9.D. COMMISSION LIAISON APPOINTMENT /DELRAY YOUTH
VOCATIONAL CHARTER SCHOOL: Consideration of a Commission Liaison
appointment to the Delray Youth Vocational Charter School.
The City Manager stated the Principal of the Delray Youth Vocational
Charter School has asked that the City appoint a liaison from the Commission.
Mr. Eliopoulos stated he would like to volunteer.
Mr. Fetzer moved to appoint Commissioner Eliopoulos as Commission
Liaison to the Delray Youth Vocational Charter School, seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mayor Ellis — Yes; Mr. Eliopoulos —
Yes; Mr. Fetzer — Yes; Mr. McDuffie — Yes. Said motion passed with a 4 to 0 vote.
9.E. APPOINTMENT OF LEWIS, LONGMAN AND WALKER,
P.A. /SOUTH FLORIDA WATER MANAGEMENT DISTRICT RULE
CHALLENGES: Consider authorization for the firm of Lewis, Longman and Walker,
P.A. to represent the City in rule challenges with the South Florida Water Management
District, and for the firm to provide associated services to the City.
The City Attorney stated this item is regarding some potential rule
changes that are occurring in the State as it relates to mandatory irrigation rules and rules
affecting the City's Reclaimed Water situations. As a result, she stated the City has been
in contact with the firm of Lewis, Longman and Walker because they specialize in this
environmental area here in West Palm and represent other cities as well. The City
Attorney stated staff is asking permission to challenge the rule and engage this firm at a
cost not to exceed $55,000.00 at a rate of $245.00 per hour. She stated staff attached
letters from the Florida Association of Counties and Florida League of Cities expressing
their opposition to these new rules.
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11/18/08
Richard Hasko, Director of Environmental Services, stated there is a lot of
opposition to the proposals for year -end irrigation that South Florida Water Management
District is currently making. There has been a lot negotiating going on for the last several
months between the South Florida Water Management District, municipal utilities and
other major water users. Mr. Hasko stated South Florida Water Management District has
compromised quite a bit and there are a few items that are significant and could cost a lot
of utilities some significant revenues based on the restrictions that they are proposing.
He stated one of the primary points of contention is their insistence that the permanent
year -round restrictions be equivalent of a Phase II. Mr. Hasko stated they have backed
off of including reclaimed water in the restrictions except that they are prohibiting the
irrigation use of reclaimed water during the daylight hours. Mr. Hasko expressed
concern that there are future dangers with this because the utilities position is that South
Florida Water Management District does not have the authority to regulate reclaimed
water at all and if it is going to be regulated then it needs to be done through DEP
(Department of Environmental Protection).
Mr. McDuffie moved to approve the appointment of Lewis, Longman and
Walker, P.A., to represent the City in rule challenges with the South Florida Water
Management District, seconded by Mr. Eliopoulos. Upon roll call the Commission voted
as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis —
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:02 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 51 -08 (SECOND READING /SECOND 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.
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
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
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11/18/08
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 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 a conditional use approval for increases in
height. He stated recently questions have been raised by a developer subject to the
requirement as to whether they were applicable to his project. Mr. Dorling stated the
developer stated if the maximum intensity is not proposed on the balance of the site
(portion not seeking increases in height) that the workforce requirement does not apply.
Mr. Dorling stated this was not the intent of Ordinance No. 16 -06. There is also a
language change to provide flexibility by requiring a provision of low and moderate
housing but not mandating the individual percentages which were in the previous
ordinance.
At its meeting of October 20, 2008, the Planning and Zoning Board
recommended approval with a vote of 6 to 0.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 51 -08, the
public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 51 -08 on Second
Reading/Second Public Hearing, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis —
Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 52 -08 (SECOND READING /SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations (LDR),
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
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11/18/08
clarification regarding moderate income requirements.
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,
SUBSECTION (1), TO PROVIDE REGULATIONS
REGARDING "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
SECTION 4.7.6, "RENTAL HOUSING UNITS ", TO
PROVIDE CLARIFICATION . REGARDING
MODERATE INCOME REQUIREMENTS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE 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 amendment
includes a group of city and privately initiated amendments to the same ordinance. He
stated the privately initiated amendments provide for additional opportunities to satisfy
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1 1/18/08
workforce housing requirements and they allow for on -site and off -site or monetary
contributions to fulfill that requirement. Mr. Dorling stated that the portion that is the
i
City initiated change changes the recipient of the monetary contribution from the Delray
Beach Land Trust to a Housing Trust Fund and that would allow different agencies
including the Delray Beach Land Trust to compete for those same funds. The ordinance
outlines that the options require that units can be built anywhere in the city and cannot
previously be allocated for another project and that they be constructed at the time a
vertical permit is issued; and, that they can be built in a phased project if workforce
housing units are constructed in the same proportion and manner as the number of
workforce units required for each phase.
At its meeting of October 20, 2008, the Planning and Zoning Board
considered and unanimously recommended approval with a vote of 6 to 0.
Mayor Ellis declared the public hearing open.
Jason Mankoff, Attorney with Weiner, Aronson & Mankoff, made
reference to Section 4.7.2(B) where it states "A combination of these added options is
permissible." and suggested that this should reflect the same language as Section 4.7.2(C)
"A combination of these three options is permissible."
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 52 -08, the public hearing was closed.
Prior to the vote, Mr. McDuffie asked if the Housing Trust Fund is newly
created and defined in this ordinance and managed by the Community Improvement
Division of the City of Delray Beach.
Mr. Fetzer moved to adopt Ordinance No. 52 -08 on Second
Reading/Second Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos
— Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote.
10.C. AMENDMENT TO THE DEVELOPER'S
AGREEMENT /CANNERY ROW, LLC: Consider approval of the amendment to the
Cannery Row Developer's Agreement to provide that the park land dedication condition
has been satisfied. If passed, a second public hearing will be held on December 2, 2008.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Brian Shutt, Assistant City Manager, stated approximately one year ago
the City of Delray Beach entered into a Developer's Agreement with Cannery Row. The
developer has come forward now and requested an amendment to that agreement. Mr.
Shutt stated one of the conditions in the original agreement was that the developer
dedicates a parcel of parkland at the northeast corner of the project to the City. He stated
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11/18/08
the developer has done that on the plat that has been recorded. Mr. Shutt stated it is his
understanding from the developer's attorney that they would like to have that condition
removed from the Developer's Agreement to address certain title issues. Staff does not
have an objection to that. The amendment has to be passed the same way as the
Developer's Agreement. Therefore, Mr. Shutt stated if it passes tonight staff will come
back for another public hearing on December 2, 2008.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding the amendment to the
Developer's Agreement for Cannery Row, the public hearing was closed.
Mayor Ellis stated the original approval for this had specific boundaries
for this public parcel that would be maintained as green space and asked if these
boundaries are being removed. Mr. Shutt stated the boundaries are still in place and it
has been dedicated as that. He stated once the project goes forward then once it is
sodded, the City will take over the maintenance of that green area as a public park area.
Mr. McDuffie moved to approve the amendment to the Developer's
Agreement for Cannery Row, LLC, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mayor Ellis — Yes; Mr. Fetzer — Yes; Mr. McDuffie —
Yes. Said motion passed with a 3 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
10.D. 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.
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 ",
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11/18/08
"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. 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.
The City Manager stated he sent out a TV station report from the City of
Apopka on two intersections that had been problematic for them and over just a few
months they reduced red light running approximately 70 %.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 50 -08, the
public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 50 -08 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis — Yes. Said
motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 53 -08: Consideration of a proposed modification to
the Community Redevelopment Plan adding section number 3.11, "Sponsorship of City
Tennis Tournaments ".
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
11/18/08
CONSISTENT WITH THE CITY OF DELRAY BEACH'S
COMPREHENSIVE PLAN, AND MAKING FURTHER
FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTE 163.360;
PROVIDING A GENERAL 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. 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 (CRA), stated this amendment provides language that the CRA is adding a
program to sponsor the tennis events at the tennis center recognizing the economic
development benefits that accrue from those events (benefits to the merchants, hotels, job
creation and bringing people to the downtown area). Ms. Colonna stated this amendment
will add it as a specific project to their plan which will allow the CRA to fund it. The
CRA has already budgeted this year in anticipation of processing this amendment.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 53 -08, the
public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 53 -08 on Second and
FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Fetzer — Yes; Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos —
Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non - Agenda Items from the City Manager and the Public.
1LA. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.13. From the Public.
None.
At this point, the time being 7:18 p.m., the Commission moved to Item
12, First Readings..
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11/18/08
12. FIRST READINGS:
12.A. ORDINANCE NO. 55-08: Consider a City initiated annexation (via the
provisions of the executed Water Service Agreement and Consent to Annexation) with
initial zoning of CF (Community Facilities) for Fair Oaks Hospital, located
approximately 650 feet south of Linton Boulevard, and on the east side of Lake Worth
Drainage District E -3 Canal. If passed, a public hearing will be held on December 9,
2008.
office.)
The caption of Ordinance No. 55 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED APPROXIMATELY 650
FEET SOUTH OF LINTON BOULEVARD ON THE
EAST SIDE OF THE LAKE WORTH DRAINAGE
DISTRICT (LWDD) E -3 CANAL, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO CF (COMMUNITY
FACILITIES) PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 55 -08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a City -
initiated annexation and initial zoning of CF (Community Facilities) for Fair Oaks
Hospital located on the South side of Linton Boulevard, approximately 2,150 feet west of
Military Trail. Mr. Dorling stated this is property that is subject to a water service
agreement and sewer agreement that was originally adopted on February 3, 1981 and
amended March 18, 1999. The agreement called for the overall development to be
annexed in phases with the shopping center to be annexed by March 31, 2001
(completed), Delray Medical Center by 2005 (completed), Fair Oaks Hospital by 2008
(subject property), and the Lago Vista property by 2011.
Mr. Dorling stated this is also being processed with the current FLUM
(Future Land Use Map) amendment from County INST to City CF which is included as
part of Comprehensive Plan Amendment 2008 -2 which will be considered by the City
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11/18/08
Commission on December 9, 2008 as will the second reading and associated zoning.
At its meeting of April 21, 2008, the Planning and Zoning Board
considered this request and unanimously recommended approval with a 7 to 0 vote.
Mr. Eliopoulos moved to approve on FIRST Reading, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows. Mr. McDuffie — Yes;
Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4
to 0 vote.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
The City Manager stated it is very gratifying to see that Fair Oaks
Hospital has been annexed into the City and this has taken a lot of negotiation to get them
to agree to come into the City. He stated Fair Oaks Hospital has been very pleased with
the service they have received from the City. The City Manager stated the only piece that
has not been annexed is the condominium office building.
Secondly, he stated a couple of weeks ago when he gave the Commission
the report on the financial outcome for last fiscal year that he wanted to celebrate and
reward employees. The City Manager stated although the City came in $1 million short
on revenue the City started the year with bringing forward $825,000.00 for prior year
surplus to balance the budget. He stated the City only had to bring forward $630,000.00
and actually did better than projected at the beginning of the year even though the
revenue was $1 million short but noted that the City had several capital expenses that
were not planned for at the beginning of the year. The City Manager stated after
discussing with Department Heads he proposed to the Commission to give all employees
a $100.00 Christmas bonus and the day off after Christmas (Friday, December 26, 2008).
He stated not only did employees come up with ways to save money, but when the City
held positions vacant, employees stepped forward and took up the slack by doing extra
work. The City Manager stated everyone put forth a team effort to make this happen.
It was the consensus of the Commission to support giving all employees a
$100.00 Christmas bonus and the day off after Christmas (Friday, December 26, 2008).
13.B. City Attorney
The City Attorney wished everyone a Happy Thanksgiving.
U.C. City Commission
13.C.1. Mr. McDuffie
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11/18/08
Mr. McDuffie suggested that all the schools move their SAC (School
Advisory Council) Meetings and PTA (Parent- Teacher Association) Meetings to another
night other than Tuesday so that he can actually attend.
Secondly, he wished everyone a Happy Thanksgiving.
13.C.2. Mr. Fetzer
Mr. Fetzer stated he is pleased to see that Department Heads came up with
a way to recognize City employees. He stated this is a small way of thanking employees
for their efforts and it is a great idea.
Secondly, he wished everyone a Happy Thanksgiving.
13.C.3. Mr. Eliopoulos
Mr. Eliopoulos echoed comments expressed by Commissioner Fetzer and
noted that this is a small token of gratitude that is well deserved.
He thanked the City Manager for his email regarding the Hydrogen 4000
which is a system that you install in some of the City vehicles and it works on distilled
water. He stated some municipalities that have installed it have found it to be not
efficient and it actually cost more to run their vehicles. However, Mr. Eliopoulos stated
he would like to keep encouraging staff to keep researching this to see if this is really the
best thing out there.
Lastly, Mr. Eliopoulos wished everyone a Happy Thanksgiving.
13.C.5. Mayor Ellis
Mayor Ellis thanked Commissioner McDuffie, the Parks and Recreation
Department, the City Manager, and everyone who is working on the Little League.
Secondly, she stated she attended a pajama party last night at the Delray
Beach Library and read a book to the children. She stated there was a huge turnout and
recognized Janet Meeks, Education Coordinator, for putting this together and noted that
they sold pop -up books. Mayor Ellis stated it was really a fun evening and was so
appreciated by the mothers.
Mayor Ellis stated she and the City Manager will be in Orlando for the
Florida League of Cities Legislative Meeting later this week.
Lastly, Mayor Ellis wished everyone a Happy Thanksgiving.
There being no further business, Mayor Ellis declared the meeting
adjourned at 7:33 p.m.
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11/18/08
ATTEST:
City Clerk
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 2008, which Minutes were formally approved and adopted by the City Commission on
December 2, 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.
-23-
11/18/08
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
oulos GaKy Delray Beach City Commissi.oa
"AILING ADDRESS
135 George Rixub THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
Boulevard V"CH I SERVE IS A UNIT OF:
TY COUNTY C(TY 0 COUNTY O OTHER LOCAL AGENCY
Delray Beach Florida 3.4445 Palm Beach NAME OF POLITICAL SUBDIVISION:
GATE ON WHICH VOTE OCCURRED Citv of Del rav 111-16
11/18/2008 I MY POSITION IS:
XX ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 813
This form, is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies. equally to members of advisory and non- advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on: whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or, other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
rent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
3.357, F-S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting, and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters_ However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
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 -Opi
:;E FORM 88 - EFF. 112000
PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly at, the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file . it within 15 days after the vote. occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form .must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, . GaU Eliopoulos hereby disclose that on 20 y$
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
XX- 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 I 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 my.conflicting interest in the measure is as follows:
-
Date Filed Signature
by
which
40TICE: UNDER PROVISIONS OF FLORIDA STATUTES §112 -317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
;ONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
2EMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
,IVIL PENALTY NOT TO EXCEED $10,000.
;E FORM 66 - EFF. 1/2000
PAGE 2
FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC, OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
oulos Gary Delray Beach City Commission
MAILING ADDRESS
35 George Bilisli THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
Boulevard WHICH I SERVE IS A UNIT OF:
fY COUNTY Ya CrfY O COUNTY O OTHER LOCAL AGENCY
Beach Florida 3.4445 Palm Beach NAME OF POLITICAL SUBOMSION:
DATE ON WHICH VOTE OCCURRED City Of API rav Tta 1k
11/18/2008 I MY POSITION IS:
ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES.
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on, a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
.rent organization or subsidiary of a corporate principal by which he or she is retained)- to the special private gain or loss of a relative- or
the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
3.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting, and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
KEN:
You must complete and file this fonri (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 83 - EFF. 112000
PAGE n
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form .must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Gary Eliopoulos hereby disclose that on 1� .20 N:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
gX_ inured to.the special.'gain or loss of my business associate, Eliopoulos Architecture, Inc..
inured to the special gain or loss of my relative,
inured to the special gain or loss
whom I am retained; or
by
inured to the special gain: or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure. is as follows:.
V
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 10000 PAGE 2
i
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR DELRAY BEACH YACHT CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
November 18, 2008 to re- establish the Delray Beach Yacht Club, which is located within
the Medium Density Residential (RM) Zoning District at 110 MacFarlane Drive.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the
Delray Beach Yacht Club. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
A. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs, subject to the conditions attached in Exhibit "A "?
Yes 4 No 0
B. Concurrence: Concurrency as defined pursuant to Objective B -2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and /or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met, subject to the conditions
attached in Exhibit "A" with respect to water, sewer, drainage,
streets and traffic, parks, open space, solid waste and schools?
Yes 4 No 0
j
II. LDR REQUIREMENTS:
A. LDR Section 2 4 5(E) Required Findings: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby
properties.
B. Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met,
subject to the conditions attached in Exhibit "A "?
Yes 4 No 0
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted and
finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record befo
denies the conditional use request su j�
hereby adopts this Order this 18th day of N �
and 0 opposed.
the City Com ss' n a
to N ditions et foth fibe008, b a vote of
Rita Ellis, Mayor
C�*Cevefl`eeZbin S:
City Clerk
2
X
"A" and
in favor
Exhibit "A"
CONDITIONAL USE REQUEST FOR DELRAY BEACH YACHT CLUB
1. That the applicant submits a Class I site plan modification indicating proposed
upgrades to the subject property including but not limited to awning replacement,
painting, signage, etc.;
2. That when a building permit is issued for the Yacht Club at Delray Beach, the
conditional use for the Delray Beach Yacht Club will automatically become null
and void; and
3. That the roof of the Yacht Club building be painted white and bright to conform
with the neighborhood rooftops and that the pool and surrounding area be
cleaned regularly and made attractive with flowering plants.
4. Applicant will negotiate a party wall agreement with Sea Gate Towers
Condominium similar to the Agreement with the party to the north, Bar Harbour
Condominium Association, Inc., that was recorded in ORB 15680 Pg. 0457 of the
Public Records of Palm Beach County.
3
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME- -FIRST NAME-- MIODLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos Gary Delray Beach City Commission
MAILING ADDRESS
205 George Bush Boulevard
GTE' COUNTY
Delray Beach, Florida 33445 Palm Beach
DATE ON.WHICH VOTE OCCURRED
11/18/2008
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
It CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
ity.of Delray Beach
MY POSITION IS:
XK ELECTIVE Q APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on. an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS: • •'
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 \f,1 �_ PAGE t
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1. Gary P. Eliopoulos hereby disclose that on November 18 2008 .
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
XX 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 I 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 my conflicting interest in the measure is as follows:
11/18/2008
Date Filed
a ure
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 8B - EFF. 112000 PAGE 2