02-03-09 Regular Meeting MinutesFEBRUARY 3, 2009
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, February 3, 2009.
1. Roll call showed:
Present- Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Mayor Rita Ellis
Absent - Commissioner Mackenson Bernard
Also present were - David T. Harden, City Manager
Terrill Pyburn, Assistant City Attorney
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First
Baptist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. McDuffie requested that Item 8.11., Resolution No. 11-09 be
removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.
Mr. Fetzer requested that Item &A., Service Authorization No.
11 /Kimsey -Horn Associates be removed from the Consent Agenda and moved to the
Regular Agenda as Item 9.A.A.A.
Mr. Eliopoulos requested that Item 8.E., Temporary Parking Use
Termination/Pineapple Grove, LTD. be removed from the Consent Agenda and moved
to the Regular Agenda as Item 9.A.A.A.A. He also requested Item &G., Parking
Facilitv Warranty /First Amendment to the Guarantv Atyreement/Robert Federspiel
Parkin Garage be moved from the Consent Agenda to the Regular Agenda as Item
9.A.A.A.A.A.
Item 8.L., Managed Care Arrangement (MCA) Provider Change For
Workers' Compensation was added to the Consent Agenda by addendum.
02/03109
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.
5. APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Special/Workshop
Meeting of January 13, 2009, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mr. McDuffie — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes. Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
January 20, 2009, 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.
Mr. McDuffie moved to approve the Minutes of the Special Meeting of
January 27, 2009, 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.
6. PROCLAMATIONS:
6.A. Recoenizinj! Black History Month — February 2009
Mayor Ellis read and presented a proclamation hereby proclaiming the
month of February 2009 as Black History Month. Lula Butler, Director of Community
Improvement, came forward to accept the proclamation,
7. PRESENTATIONS:
7.A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
ASSOCIATES (BSCA), INC.: Approve a consulting contract with Barry Strock
Consulting Associates (BSCA), Inc. in the amount of $24,952.00 for assistance with the
Request for Proposals (RFP) process for procurement of public safety software systems.
Funding is available from 334-2111-521-66.10 (General Construction
Fund/Books/]Publications/Software).
02/03/09
8.C. CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL) WEST
CONSTRUCTION, INC./FIRE-RESCUE STATION NO. 4/CORRECTION TO
FINAL PAYMENT AMOUNT: Revise the previously approved Contract Closeout
(C.O. No. 1/Final) to West Construction, Inc. for completion of Fire Station No. 4. to
correct the final payment amount to $167,437.98. Funding is available from 334-6112 -
522 -62.88 (General Construction Fund/Buildings/Fire Station No. 4).
8.D. AGREEMENT/ENVIRODESIGN ASSOCIATES/OLD SCHOOL
SQUARE PARK: Approve an Agreement between the City and EnviroDesign
Associates in the amount of $8,650.00 for performance of a Limited Phase 11
Environmental Assessment for the Old School Square Park site. Funding is available
from 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School
Square- Park Improvements).
8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/TENNIS TOURNAMENT SPONSORSHIP: Approve an Interlocal
Agreement between the City and Community Redevelopment Agency (CRA) under
which the CRA will contribute $500,000.00 for the sponsorship of City Tennis
Tournaments.
8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.A.
8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.1. ACCEPTANCE OF EMERGENCY MEDICAL SERVICES (EMS)
GRANT: Accept Emergency Medical Services (EMS) grant funding in the amount of
$43,880.00; and authorize the purchase of four (4) Glide Scope Ranger fiber optic
laryngoscopes in the amount of $43,880.00 from Verathon, Inc. for the Fire-Rescue
Department. Funding is available from 001-2315-526-64.90 (General
Fund/Machinery/Equipment/Other machinery Equipment).
8.
J SPECIAL EVENT REQUEST/1 11h ANNUAL CINCO DE MAYO
FIESTA: Approve a special event request to allow the I I"' Annual Cinco De Mayo
Fiesta to be held Saturday, May 2, 2009, from 11:00 a.m. — 12:00 midnight., at Old
School Square, to grant a temporary use permit per LDR Section 2.4.6(F) for use of the
Old School Square surface lot; to authorize staff support for traffic control and security,
trash removal, EMS assistance, signage preparation and installation, and to approve
request to use the Old School Square parking garage, City Hall lots and City generator;
contingent on the receipt of a hold harmless agreement and receipt of certificate of
liability insurance and liquor liability insurance.
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] 3
FLIMM,
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period January 20, 2009 through January 30, 2009.
1. Bid award to Accurate Event Services in the amount of $31,309.20
for private security services for the International Tennis
Tournament from February 16, 2009 through March 2, 2009.
Funding is available from 001-4210-575-55.40 (General
Fund/Recreational Supplies/Tennis Tournament).
2. Purchase award to Custom Pump & Controls, Inc. in the amount of
$57,557.00 for the purchase of two (2) 75 horsepower (HP) pumps
for the Area 11A Reclaimed Water System Booster Pump Station
Conversion Project. Funding is available from 441-5181-536-65.96
(Water & Sewer Fund/Other Improvements/Reclaimed Water
Transmission).
3. Purchase award to multiple vendors in the total cost of
$470,590.00 for the purchase of twenty-two (22) replacement
vehicles based on age and life to date maintenance cost. Funding
is available from 501-3312-591-64.20 (Garage Fund/Machinery
Equipment/Automotive) and 001-2115-521-64.20 (General
Fund/Machinery Equipment/Automotive).
4. Purchase award to Southeastern Pump, Inc. in an estimated amount
of $40,000.00 for the purchase of submersible wastewater pumps
for the balance of FY 2008-2009. Funding is available from 441-
5144 -536 -46.20 (Water and Sewer Fund/Repair & Maintenance
Service/Equipment Maintenance).
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. REGULAR AGENDA:
9.A.A. RESOLUTION NO. 11-09: Approve and adopt Resolution No. 11-09
recognizing and commending the Green Task Force for their work to improve
environmental sustainability, formally accepting their final report and instructing staff to
review the report for implementation.
The caption of Resolution No. 11 -09 is as follows:
02/03/09
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING THE GREEN TASK FORCE FOR
THEIR WORK TO IMPROVE ENVIRONMENTAL
SUSTAINABILITY, FORMALLY ACCEPTING THEIR
FINAL REPORT AND INSTRUCTING STAFF TO
REVIEW THE REPORT FOR IMPLEMENTATION;
AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 11-09 is on file in the City Clerk's
Richard Hasko, Director of Environmental Services, stated this is a
resolution that proposes to express staff's appreciation to the Green Task Force for all the
hard work that they have done and accept the report and essentially provide direction for
staff to review the report and come back to the Commission with implementation
recommendations from that report.
Mr. McDuffie commended the Green Task Force for the phenomenal job
that was done and incredible dedication. He would like staff to move on this as soon as
possible.
Mr. McDuffie moved to approve Item 9.A.A. (formerly Item 8.11.) with
the provision that the Department Heads report back in 90 days from tonight, 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.
9.A.A.A. SERVICE AUTHORIZATION NO. ll/KJMLEY-HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 11 in the amount of
$38,000.00 to Kimley-Horn and Associates, Inc., for the collection of data on the impact
of reducing the number of traffic lanes along US I between S.E. 10`h Street and George
Bush Boulevard. Funding will be provided by the Community Redevelopment Agency
(CRA).
Richard Hasko, Director of Environmental Services, stated this is in
conjunction with the proposals on the Federal Highway pairs. Mr. Hasko stated the City
had the test project for several months operational and staff took traffic counts prior to
implementing these revisions. He stated we need to try and find out and gather adequate
information to compare with those counts and that data to make sure that the proposals
that we implemented so far in terms of temporary narrowing of the roadways have
actually achieved and accomplished the goals that were set in the Master Plan for slowing
traffic, easing pedestrian crossing of the roads, etc. Mr. Hasko stated this is a little more
expensive than the first contract that staff had for gathering this data because now they
are not only gathering data but they have to complete the effort and make the
comparisons with the pre-existing data and give us a technical memorandum and a report
that evaluates the results of the changes.
02/03/09
Mr. Fetzer stated he has not been a real advocate of this project just based
on spending priorities that we have. He stated it is a noble effort; however, Mr. Fetzer
stated there is a lot of funding involved on this whole issue. Mr. Fetzer stated it would
probably be inappropriate for him to not vote to at least evaluate since the City has spent
all the money to do the program and feels it is prudent that we analyze what this has
gotten us. Mr. Fetzer reiterated that this is not high on his list of priorities for the City to
be spending this money on.
Mr. Eliopoulos asked what staff has spent to date as far as what is in place.
Mr. Krejcarek stated he does not have that number with him. Mr. Eliopoulos asked if it
was always intended to do the counts and everything twice. Mr. Krejcarek stated when
staff first brought this forward with the trial modification versus going forward with the
permanent modification the intent at that point was communicated to the Commission
that staff was going to take counts, implement the temporary, wait a year and then come
back and take the after counts. Mr. Krejcarek stated we are into season and now is the
time to take the after counts.
Mr. McDuffie stated he would like to make certain that the tracking is the
same times of year for both studies. Mr. Krejcarek stated the before counts staff took
early April and staff will be taking the after counts later this month or early March.
Mayor Ellis concurs with Commissioner Eliopoulos that this is the future
of Delray Beach and this is a step towards that Master Plan and the future that the
Commission has envisioned. She stated she expects the numbers to support the efforts
that we have done so far but we will have to wait and see and that will be one of the
determining factors to take into account. Mayor Ellis stated it will be a big step forward
to the traffic and the ability to freely move about our city north and south.
Mr. McDuffie asked if there is any limitation on how long the temporary's
can stay. Mr. Krejcarek stated he does not believe there is but what they would have to
do is go back to FDOT if we so desire to leave it in place and extend the permit.
Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.A.),
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.A.A.A.A. TEMPORARY PARKING USE TERMINATION/PINEAPPLE
GROVE, LTD.: Authorize submitting notification to Pineapple Grove, LTD., owners of
the vacant property located at 105-115 N.E. 0 Street, that the City has vacated the
property and will no longer use it for temporary parking.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Richard Hasko, Director of Environmental Services, stated staff is
requesting authorization to send formal notification to Mr. Carbone that the City has an
agreement with for the last couple of years to utilize the vacant property on the north side
KIM
02/03/09
of 1St Street across from the garage as a temporary parking facility. Mr. Hasko, stated the
reason for this was to accommodate parking needs in the downtown area on an interim
basis while the garage was being built. He stated the garage has been up and operational
for over a year now and that lot tends to compete with the garage. Mr. Hasko stated the
City is trying to increase, enhance, and promote usage of the garage so at this point staff
has removed all of the improvements, barricades, and lighting. He stated staff has
replaced all of the fencing and the screening and put the site back to its pre-existing
condition. Mr. Hasko stated staff would like authorization from the Commission to send
the official notification so that we have no more liability associated with that.
Mr. McDuffie moved to approve Item 9.A.A.A.A. (formerly Item 8.E.),
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer —
Yes; Mr. McDuffie — Yes; Mayor Ellis — Yes. Said motion passed with a 3 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
9.A.A.A.A.A. PARKING FACILITY WARRANTY/FIRST AMENDMENT TO
THE GUARANTY AGREEMENT/ROBERT FEDERSPIEL PARKING
GARAGE: Approve the Parking Facility Warranty and First Amendment to the
Guaranty Agreement for the Robert Federspiel Parking Garage.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
The City Attorney stated this is a Parking Facility Warranty and First
Amendment to the Guaranty Agreement for the Robert Federspiel Parking Garage. A
warranty was approved a long time ago by this Commission and staff was trying to work
out the terms on the warranty with the other parties. The City Attorney stated staff was
not too satisfied initially with the warranty that was provided by the company that was
going to correct some of the errors but now the warranty seems to be in perfect order and
it has been reviewed by Environmental Services as well. The City Attorney stated it also
includes a guaranty agreement by Mr. Morris which extends the guaranty. She stated this
is warranted now through June 27, 2009.
Mr. Fetzer moved to approve Item 9.A.A.A.A.A. (formerly Item 8.G.),
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
McDuffie — Yes; Mayor Ellis — Yes; Mr. Fetzer. Said motion passed with a 3 to 0 vote,
At this point, Commissioner Eliopoulos returned to the dais.
9.A. WAIVER REQUESTIWORTHING PLACE: Consider a request to
waive Land Development Regulations (LDR) Section 4.3.3(00)(1)(f), "Generators", to
allow generators to operate the fall capacity of the equipment being served for a reduced
period not less than forty-eight (48) hours for the property located south of Atlantic
Avenue immediately south of Worthing Park, between S.E. 1" and 2°d Avenues. (Quasi-
Judicial Hearing)
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Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Commissioner McDuffie declared a conflict of interest and stepped down
from the dais.
The City Attorney stated this item will have to be postponed because we
need three votes to pass this.
It was the consensus of the Commission to postpone the waiver request for
Worthing Place to the Special/Workshop Meeting of February 10, 2009 as a special item.
9.B. OLD SCHOOL S UARE PARK PHASE ONE FINAL
DESIGN /GLATTING JACKSON KERCHER ANGLIN INC.: Consider approval of
a proposal from Glatting Jackson Kercher Anglin Inc. in the amount of $140,300.00 for
professional services related to the final design of the Old School Square Park Phase One
project. Funding is available from 334 - 4151 -572 -63.59 (General Construction
Fund/Improvements Other /Old School Square -Park Improvements).
Richard Hasko, Director of Environmental Services, stated this is a
proposal from Glatting Jackson Kercher Anglin, Inc. for the design phase for Phase One
of Old School Square Park. He stated Phase One is what is left of the CRA parking lot;
the garage on the north, shops on the south, Pineapple Grove on the east and 1st Avenue
alignment on the west. The proposal is a total of $140,300.00 and approximately 35% of i
that relates to infrastructure sub - consultants, civil drainage, electrical, soils work, etc.
Mr. Hasko stated there were a lot of improvements that were ultimately proposed in this
area; however, with the budget that we have for this project with this construction and
design we are not going to get any of those major improvements and noted those are
actually for future improvements as funding becomes available for this area. Mr. Hasko
stated the City is going to get the lawn, some adequate infrastructure to support the
special event activities, some hardscape, and we will also get the interactive recreational
facilities that are required by the FCT (Florida Communities Trust) Grant. Mr. Hasko
stated the proposal is all inclusive up through bidding. There is a budget number for
Construction Administration ($35,600.00) that will not be awarded in this number. He
stated staff will come back to the Commission with the proposal for awarding those
services as and if they are necessary when staff gets to that stage.
Brief discussion between Commissioner Eliopoulos and Mr. Hasko
followed.
Mr. Eliopoulos expressed concern over the change orders and commented
about Bob Barcinski or Joe Gillie dealing with them so that there is some
communication. Mr. Hasko stated the point person for Environmental Services is going
to be him and what he is going to do in terms of his approach to coordinate between the
City, the primary stakeholders and the consultant, is he is asking Bob Barcinski and Joe
Gillie to partner with him in this effort.
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02/03/09
Mr. Hasko stated to address the concern about what the City received for
their money. He stated the City got a Master Plan proposal which is a map and a very
good set of directions for the development of that park. Mr. Hasko stated you cannot
measure the scope that was performed for that first project in pounds of paper or sheets in
a plan because it was not that kind of scope. He stated that scope involved a lot of
meeting with the public, meeting with the stakeholders, a lot of presentation preparation,
and a lot of alternative proposals to end up with the Master Plan that we ended up with.
Mr. Hasko stated in terms of this proposal we are now in the design phase and at the end
of this contract staff will have a complete set of working drawings, specifications, details,
etc. that staff will be able to bid. Mr. Hasko stated the Commission will have tangible
things that they can say they paid for.
The City Manager suggested that some changes be made in 2.18 and 2.22
to clarify these two sections and stated that the City Attorney's office could come up with
some appropriate language.
Mr. McDuffie moved to approve a proposal from Glatting Jackson
Kercher Anglin Inc. in the amount of $140,300.00 for professional services related to the
final design of the Old School Square Phase One project, seconded by Mr. Fetzer. Upon
roll call the Commission voted as follows: Mayor Ellis — Yes; Mr. Eliopoulos — No; Mr.
Fetzer — Yes; Mr. McDuffie — Yes. Said motion passed with a 3 to 1 vote, Commissioner
Eliopoulos dissenting.
9.C. FINAL SELECTION OF PERSON TO CONDUCT AN
INDEPENDENT REVIEW OF CITY BONDING PRACTICES AND
PROCEDURES AND COMMUNICATION PRACTICES: Select person to conduct
an independent review of city bonding practices and procedures and communication
practices.
Mr. Fetzer stated he had a lot of conversations, emails and phone calls
with both of these individuals since the last meeting. He stated he is very pleased with
the professionalism of both of them. Mr. Fetzer stated he sent the Commission by copy
of email their responses to his questions that were the consensus of the Commissions'
questions as a group as far as how would they conduct the investigation, what resources
would you use, could you do it in the timeframe we are looking for. Mr. Fetzer stated he
told them that the City Commission is trying to bring closure to this issue before the new
Commission is seated on March 26, 2009 and both firms indicated that they would meet
that timeframe. Mr. Fetzer feels that either firm would do a very comprehensive review
of this and hopefully clear the air on any feelings that the residents have that the City has
not handled this in a proper and legal way.
The City Attorney stated there is an engagement letter (fill in the blanks)
at each Commissioner's seat. Mr. Fetzer stated the City Attorney helped him put together
an agreement format and both firms agree to the format.
M
Mr. McDuffie stated he was very pleased with the responsiveness of both
of these individuals. He stated in reviewing the responses that he saw from both, Mr.
McDuffie stated his impression that the more articulate definition of what is to be done
was by Usher L. Brown, Esquire. Mr. McDuffie stated there is a substantial difference in
the cost of the two; however, he stated that the better presentation, understanding and a
better grasp of the situation was from Usher L. Brown, Esquire.
Mr. Eliopoulos asked where is the City going to get this money from to
pay the firm and asked if there is something else that the Commission needs to cancel this
year in order to fund this to make sure it's right. Mr. Eliopoulos echoed comments of
Commissioner McDuffie and although he is satisfied with the way both firms responded,
there is a certain level with Usher L. Brown, Esq. that he feels will be more of a thorough
professional level.
The City Manager stated at this point in the year given the City's financial
projections staff would have to designate it from the prior year surplus. He stated if the
City is able to accomplish something similar to what we did last year by the time we get
through the year we may be able to cover it.
Mr. Fetzer stated he asked both finiis for a "not to exceed price".
Mr. McDuffie stated it is prudent, because there was perceptible difference
between the approach of both of these firms, to go ahead with Usher L. Brown, Esquire
whether it need be line item transfers in the budget or go back to prior year surplus. He
stated we need to move this ahead and get it done.
The City Manager recommends taking the money from the prior year's
surplus to pay the firm with the understanding that staff will make every effort to cover it
in the current year's budget.
Mayor Ellis stated she too leaned towards Usher L. Brown, Esquire
because they understand the problems that we deal with everyday and they have dealt
with a variety of issues that make them experienced. She stated the City Commission
wants to make sure that the City is dealing with issues in the very best professional way.
Mayor Ellis stated Usher L. Brown, Esquire seemed to grasp that in a way that she found
particularly appealing.
The City Attorney stated she would like to make sure that the Commission
is satisfied with the nature of the services from both firms.
Prior to the vote, Mayor Ellis thanked Commissioner Fetzer for his work
on this and stated he has done an outstanding job. She stated there is no presumption of
any wrongdoing by City staff or anyone else as it relates to the underwriting procedures
but Usher L. Brown is being hired to find out if the underwriting procedures need to be
changed, modified or updated.
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Mr. Fetzer stated assuming this item passes he will contact Mr. Brown and
if the rest of the Commission agrees he would like to ask for the City Attorney's help in
getting the agreement to Usher L. Brown to be signed and expedited. Mr. Fetzer stated
since time is of the essence he would like to get word to them as soon as possible so that
the Commission can get going on this.
Mr. Fetzer moved to approve that the City of Delray Beach enter into an
agreement with the firm of Usher L. Brown., Esquire in an amount not to exceed
$50,000.00 and $6,000.00 for expenses, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. McDuffic —
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. 02-09 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to the Land Development Regulations
(LDR) Section 4.7, "Family/Workforce Housing", by enacting a new Subsection 4.79 (o),
to allow non-eligible occupants to occupy workforce housing units under certain
conditions. Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 02-09 is as follows:
A
low
11"116101610-111MI WORMER 611, OW IN Upill-AM,
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DLTE.
(The official copy of Ordinance No. 02-09 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.
02/03/09
Paul Dorling, Director of Planning and Zoning, stated this is a privately-
initiated LDR amendment to allow non-eligible applicants to occupy workforce housing
units under certain conditions. Mr. Dorlina stated at its meeting of January 20, 2009, the
City Commission recommended to incorporate some language that was recommended by
the Planning and Zoning Board as it related to assuring that when workforce units are
turned over that marketing continues to those workforce units and that they be allowed to
go from a non-workforce to a workforce status when they lease a new unit to a compliant
applicant. Staff added that language and also added language for clarification to ensure
that if the 25% threshold was not met that there be an obligation to continue to market
each subsequent unit to a workforce unit until that 25% is met.
At its meeting of December 8, 2008, the Planning and Zoning Board
unanimously recommended approval with a 7 to 0 vote.
Mayor Ellis declared the public hearing open.
Michael Listick, 190 S.E. 5'h Avenue, Delray Beach (Attorney), stated
they agree.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 02-09, the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 02-09 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.
14.B. ORDINANCE NO. 04-09: City initiated ordinance amending Chapter
32, "Departments, Boards and Commissions", Section 32.09, "Expiration of Terms;
Commencement of Terms", in order to substitute "Board of Adjustment" for "Board of
Construction Appeals" and to update the references to other Boards. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 04-09 is as follows:
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02/03/09
THE REFERENCES TO OTHER BOARDS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 04-09 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.
Terrill Pyburn, Assistant City Attorney, stated this is a housekeeping
ordinance and staff is trying to correct any incorrect references to the prior Board name
being changed.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 04-09, the
public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 04-09 on Second and FINAL
Reading, 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. ORDINANCE NO. 05-09: City initiated ordinance amending Ordinance
No. 43-03 in order to include a new study regarding retail-only adult entertainment
establishments in the legislative history of the ordinance. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
office.)
The caption of Ordinance No. 05 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE 43-03 IN ORDER TO
INCLUDE A NEW STUDY REGARDING RETAIL-
ONLY ADULT ENTERTAINMENT
ESTABLISHMENTS IN THE LEGISLATIVE
HISTORY OF THE ORDINANCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 05-09 is on file in the City Clerk's
-13-
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.
Terrill Pyburn, Assistant City Attorney, stated this ordinance is amending
the City's prior ordinance to add an additional study that has come out with regards to
retail-only adult entertainment businesses. Ms. Pyburn stated the City is trying to make
sure that their ordinances are up-to-date with the latest studies and cases.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 05-09, the
public hearing was closed.
Mr. McDuffie moved to adopt Ordinance No. 05-09 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. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:10 p.m., the Commission moved to
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.
11. From the Public.
11.8.1. Ken MacNamee, 1049 Del Haven Drive, Delray Beach, referenced the
October issue of the News for Neighborhoods where in great detail the Commission goes
over the 5% increase in water and the 15% increase in sewer rates and says these
increases were recommended by the City Manager after carefully assessing preliminary
reports from an independent consultant. However, Mr. MacNamee stated there is no
mention of the increase to trash rates in this article. Mr. MacNamee read into the record
statements from the Minutes of the September 16, 2008 City Commission Meeting
regarding the water, sewer, and trash increases. Mr. MacNamee asked the Commission
what the increase to trash collection was. He stated according to the budget there was a
63% increase in trash rates and there was 55% increase for a homeowner. Mr.
MacNamee asked if this trash contract was bid. He stated he requested to see the Waste
Management contract since January 8, 2009 and has not received a copy to date and
noted it is going up about 45%. Mr. MacNamee stated he received the addendum to the
contract; however, he noted that he is still looking for the base contract. Mr. MacNamee
stated he hopes that this would be an Agenda item at a future meeting and as a taxpayer if
he can get this information he will provide the Commission with a report on what he
finds. Mr. MacNamee stated he was a CPA, a Chief Financial Officer of a very
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02/03/09
successful financial institution in Florida; he was in the real estate business for 20 years
and was also a consultant. He stated he would do this gratis and would like to get this
trash issue addressed.
At this point, the time being 7:15 p.m., the Commission moved back to
Item 9.1). of the Regular Agenda.
9.1). RESOLUTION NO. 10-091ABANDONMENT OF RIGHT-OF-WAY:
Consider adoption of Resolution No. 10-09 abandoning a 0.17 acre portion of Canal
Street right-of-way in conjunction with a proposed two (2) lot single family subdivision
to be platted as Marine Way, located at the southwest comer of S.E. 2"d Street and the
Intracoastal Waterway (adjacent to 200 Marine Way).
The caption of Resolution No. 10-09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH FLORIDA VACATING
AND ABANDONING A PORTION OF THE CANAL
STREET PUBLIC RIGHT OF WAY LOCATED AT THE
SOUTHWEST CORNER OF S,E. 2N° STREET AND
THE INTRACOASTAL WATERWAY AS MORE
(The official copy of Resolution No. 10-09 is on file in the City Clerk's
office.)
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Paul Dorling, Director of Planning and Zoning, stated this is an
abandonment of the City's interest in a 0.17 acre rectangular-shaped portion of Canal
Street associated with the creation of two single family lots. Mr. Dorling stated the
easement for the Intracoastal will stay in place and that is to the Army Corps. He stated
one of the conditions of approval was that staff was to get sign-off from the Army Corps
and this has been provided.
At its meeting of September 15, 2008, the Planning and Zoning Board
recommended approval as did the Historic Preservation Board at their October 15, 2008
meeting in association with a development proposal for the development of the two lots.
Mr. McDuffie asked if this will set a precedent for the lots up and down
the Intracoastal on this side. Mr. Dorling stated there has been an abandonment north of
Atlantic Avenue of a similar 50 foot strip. He stated Canal Street is not to be developed
in the future by the City if we are abandoning our interest in the street only in this case as
we did in the last case. Mr. McDuffie asked if it becomes buildable. Mr. Dorling stated
it is subject to approval by the Army Corps with respect to encroachments and it would
M
02/03/09
be included as part of the area for the lot and setback measurements.
Mr. Fetzer moved to approve Resolution No. 10 -09, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr.
McDuffie — Yes; Mayor Ellis — Yes. Said motion passed with a 3 to 0 vote.
9.E. CONTRACT ADDITION (C.O. NO. 5)/BSA CORPORATION /CITY
HALL NORTH WING RENOVATIONS: Consider approval of Contract Addition
(C.O. No. 5) in the amount of $13,748.00 to BSA Corporation for City Hall North Wing
Renovations. Funding is available from 334 - 6112 -519 -62.86 (General Construction
Fund/City Hall —North Wing & Chamber).
Richard Hasko, Director of Environmental Services, stated this is a
contract addition for $13,748.00 for unforeseen conditions and some additional scope in
the North Wing project. He stated it involves carpeting some offices that used to be
considered in the future phase that now need to be pulled into this phase. Mr. Hasko
stated as they got into the improvements in the north wing of the planning area and the
wallpaper came down they noticed a lot of mold on the drywall and some of the windows
that need to be resealed and there is some addition and relocation of some emergency exit
signs.
Mr. Eliopoulos moved to approve the Contract Addition (C.O. No. 5) to
BSA Corporation for the City Hall North Wing Renovations, 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.F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory
Council to serve an unexpired term ending July 31, 2010. Based upon the rotation
system, the appointment will be made by Commissioner Eliopoulos (Seat #1).
Mr. Eliopoulos moved to appoint William Milner as an At Large
Representative to the Neighborhood Advisory Council to serve an unexpired term ending
July 31, 2010, 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.
9.G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) Citizen -at -Large Representative to the Parking Management
Advisory Board to serve a two (2) year term ending July 31, 2011. Based upon the
rotation system, the appointment will be made by Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to appoint George Brewer as a Citizen -at -Large
Representative to the Parking Management Advisory Board to serve a two (2) year term
ending July 31, 2011, 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.
-16-
02/03/09
At this point, the time being 7:23 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 08-09: City initiated amendment to the Land
Development Regulations (LDR) Section 2.4.3(K)(1)(bb), "Single Family Overlay
District Site Plan Review", to increase the application processing fee for Single Family
Overlay District Site Plan Review Applications and associated renaming to North
Beach/Seagate and Ocean Neighborhood Overlay District Review. If passed, a public
hearing will be held on February 17, 2009.
office.)
The caption of Ordinance No. 08-09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 2.4.3(K), "FEES",
SUBSECTION (1), "DEVELOPMENT APPLICATIONS",
TO PROVIDE FOR AN INCREASE IN THE
APPLICATION PROCESSING FEE FOR SINGLE
FAMILY OVERLAY DISTRICT SITE PLAN REVIEW
APPLICATIONS AND THE RENAMING OF THE
OVERLAY DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 08-09 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 request to
increase the application processing fee of $ 100.00 for processing of single family overlay
district site plan review applications. Mr. Dorling stated the City contracts with the firm
that created those design guidelines and their fee up to last year was $850.00 and they
have renewed their contract for $950.00. Staff is requesting that the City increase their
fees as well to reflect that $ 100.00 increase. The balance between that and the overall
application fee of $1,560.00 is a portion that goes to the City for review which is separate
from that consultants review and then for advertising, postage, etc.
At its meeting of January 26, 2009, the Planning and Zoning Board
unanimously recommended approval.
sm
02/03/09
Mr. McDuffie moved to approve Ordinance No. 08-09 on FIRST 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.
12.B. ORDINANCE NO. 09-09: An ordinance amending Section 96.03,
"Establishment of Limits In Which Bulk Storage Of Liquefied Petroleum Gases To Be
Restricted", Section 96.05, "Fire Hydrants", Section 96.16, "Certain Codes Adopted By
Reference", and Section 96.46, "Above Ground Installation", to update the City's Code
of Ordinances in order to reflect recent changes in the Fire Prevention Code Standards. If
passed, a public hearing will be held on February 17, 2009.
office.)
The caption of Ordinance No. 09-09 is as follows:
AN ORDINANCE • THE CITY COMMISSION •
THE CITY
• DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY
• DELRAY BEACH, BY AMENDING
SECTIONS 96.03, "ESTABLISHMENT OF LIMITS IN
WHICH BULK STORAGE • LIQUEFIED
PETROLEUM GASES TO BE RESTRICTED", 96.05,
"FIRE HYDRANTS", • CODES
ADOPTED BY REFERENCE", AND 96.46, "ABOVE
GROUND INSTALLATION" TO UPDATE THE CITY'S
CODE • ORDINANCES IN ORDER TO REFLECT
RECENT CHANGES IN THE FIRE PREVENTION
CODE STANDARDS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 09-09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
John Tomaszewski, Assistant Fire Chief, stated this ordinance is needed
because every three (3) years by State Statute the State of Florida has to update the fire
prevention codes. Mr. Tomaszewski stated this gives staff the opportunity to review our
local amendments to get out some old technology and introduce some new technology.
Mr. Fetzer moved to approve Ordinance No. 09-09 on FIRST 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 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager commented about the Florida League of Cities Board
Meeting last Wednesday followed by a joint meeting with the Palm Beach County School
Board and the Palm Beach County Commission. He stated at the Board Meeting
Carmine Priore, President of the Florida League of Cities, gave a report on a joint
meeting held in Tallahassee between the Florida League of Cities, the Florida
Association of Counties, and the Florida Association of School Boards. The City
Manager stated they issued a joint statement dealing with three issues on revenue and
expenditure caps and agreed to oppose legislative or constitutional restrictions on local
government authority to determine local tax burden or financial commitments to service
or quality of life. On unfunded mandates, they agreed to support legislative efforts
including an amendment to the constitution that provides meaningful enhancements to
the existing unfunded mandates provision including but not limited to eliminating
exemptions from unfunded mandates scrutiny, provides greater public notice, legislative
scrutiny and fiscal information, enhances accountability and transparency, preserves self
determination and local fiscal stewardship, provides a process to resolve conflicts and
disputes and requires legislative support through the development of implementing
legislation. The City Manager stated they have a joint statement on worker's
compensation that they would support legislation providing for reasonable controls and
limitations on legal fees and rates regarding worker's compensation litigation. The City
Manager stated other issues that Dr. Priore reported on was there was concern with the
Senate Committee on the Florida economy and some of the things that they are
discussing that sound like Amendment One second go-around. The City Manager stated
some other things that might come up in this session of the legislature are the idea of
setting up a committee or commission that would do the redistricting instead of the
legislature itself, the 1.35% tax cap on all property taxes, the growth management
legislation, taxpayer's bill of rights, and the hometown democracy. He stated whether or
not any of these will gain traction in this session in the legislature remains to be seen.
The City Manager stated it was agreed that the League President should
represent the League as an alternate on the Lake Worth Lagoon Initiative Board. Nellie
Titcomb and Mr. Waldman were reappointed to the Advisory Boundary Committee for
school attendance boundaries. The City Manager stated the League's Attorney reported
that Lake Worth had won their zoning case and the County is proposing to delete the
Corridor Master Plan provisions from the County's Comprehensive Plan Transmittal on
April 13th. He stated it has not been used and there was an attempt to use it once and it
did not work out so they are going to take it out. The City Manager stated at the joint
meeting he commented about a report by Mike Jones from the Economic Council and
noted he can send the Commission the internet address if the Commission wishes to
review the report. The City Manager stated the School District Chairman reported on
Career Academies and there was concern expressed about safe pathways to school and
working with the cities and counties to make that happen. He stated there was also some
discussion from the County regarding the neighborhood stabilization funding from the
_19-
02/03/09
Federal Government and the representative from the City of West Palm Beach pointed
out that is only for homes that are foreclosed or abandoned. The City Manager stated one
of the things that West Palm Beach did is they set up a rent to own program where they
go in and buy a foreclosed house and then they turn around and rent it to the family that
lost it in the foreclosure and if they stay in the home for a year, they can then buy it back
at presumably a lower cost.
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
U.C. City Commission
13.0.I. Mr. McDuffie
Mr. McDuffie stated he would like to clear up any confusion regarding the
LAXF Contract. He asked that if a union fails to ratify a contract what contract terms then
go into affect and or is there a rule of law that determines that. The City Manager
suggested that this be discussed at a SHADE Meeting as soon as possible when there is a
full Commission.
Secondly, Mr. McDuffie commented about the commitment that was
made to the Southwest Neighborhood and stated organizations around the City are
pointing fingers at each other and he feels it needs to be resolved. He suggested that this
be a Workshop item.
Lastly, Mr. McDuffie stated he has "Thank You" notes for all, the people
who participated in the Roundtable to be signed by the entire Commission.
13.0.2. Mr. Eliopoulos
Mr. Eliopoulos stated he supports this project in the spirit that it was
presented to the Commission. He stated the two parties need to resolve things and we as
a City are being pushed into doing things and this is not what the agreements were about.
Mayor Ellis stated this has gotten really ugly. She stated over the past few
months she has made efforts whenever she could to try to resolve some of these issues.
Mayor Ellis stated there is no getting around the fact that the original agreement that they
came to the City with and that everyone got so excited about is no longer on the table and
the relationship is not a viable relationship. Mayor Ellis stated the Community
Redevelopment Agency (CRA) has backed out and said until it is resolved by the other
two parties (Delray Beach Housing Authority and the Auburn Group) they will not be
fronting their $3 million. Mayor Ellis stated she does not feel it is up to the Commission
to solve this problem but what the Commission was promised and what they promised is
no longer the same thing they are dealing with. Mayor Ellis stated she spoke with
Commissioner Addie Green this week and she has backed away from this. Mayor Ellis
stated it would not be in the City's best interest or in the best interest of the citizens who
live in that neighborhood to push something through that does not have the wholehearted
support of everybody involved.
13.0.3. Mr. Fetzer
Mr. Fetzer stated the Roundtable Meeting was very good and he tries to
take away some ideas that we could pursue particularly during our planning session that
will be held in April. He stated a couple things he heard about that were of interest to
some residents were the Tennis Stadium and noted the Commission received some new
data tonight from the City Manager that shows some substantial economic impact of the
six tournaments that we hold there. Mr. Fetzer stated there is a perception with a lot of
residents that the City is not fully utilizing the tennis facility. He stated the City has tried
to hold concerts, etc. but suggested that the Commission do some more deep thinking
about how we can get better utilization out of the tennis facility because it appears that
the facility is not used to the extent that it could be to help pay for that investment.
Mr. Fetzer stated another item that was mentioned to him by a couple of
people is the beach. He stated everyone recognizes that the beach is one of the prime
attractions to Delray Beach and it means a lot to the economy and tourism. Mr. Fetzer
stated there are a lot of the beach residents that feel the City is not updating our planning
that we should be doing on the beach. He stated there is a feeling that the City is not
doing things like they are doing in Pineapple Grove and other areas of the city. Mr.
Fetzer suggested this as another topic for the planning session.
He stated the end of the year Annual Report and Hometown Connection
publication was great,
Mr. Fetzer stated he would like an update on whether or not the City can
do voluntary contributions on water bills. He would like to know if this is something the
City can do and if and when we can implement that.
He stated previously he asked for some updates on the ridership on the
shuttles. Mr. Fetzer suggested that a quarterly update be provided to the Commission on
what is happening with the ridership on the shuttles. He stated there is very strong pros
and cons opinion about the shuttle. Mr. Fetzer stated a lot of people think that it's
wonderful that the City is providing that service and doing that as a mass transportation
impact that we could have on the City and there are people that say "Why are our
taxpayer dollars paying for a free shuttle?" Mr. Fetzer stated he believes we are seeing
continual increases in the ridership so it would help him if he could get an update.
Lastly, Mr. Fetzer stated with regard to the investigation he needs
direction from the Commission about whether or not they would like him to continue in a
role of being a point person for the Commission. Mr. Fetzer suggested that either the
City Attorney or a staff member in the City Attorney's office assist him in working with
this firm in doing this investigation.
-21-
02/03/09
13.0.4. Mayor Ellis I
Mayor Ellis stated at the State of the City and Roundtable discussions
there was a top quality group of citizens that showed up and had good input. She stated
as she moved from table to table it was uplifting to see people engage in real pertinent
and current issues and how they related to our City and to them personally. Mayor Ellis
stated she received suggestions on less expensive ways to do things. She stated it was a
pleasure to be there and she heard from many of the participants who were there that they
enjoyed it and it helped them feel connected to our City.
Secondly, she stated on Thursday she helped with the official measuring
of the City's Pop-Up Book to determine if it will indeed be the largest Pop-Up Book.
Lastly, Mayor Ellis commented about the Ocean Club at the Sandoway
House Gala on Saturday, January 31, 2009 and stated it was very cold. She stated this
was very enjoyable and was for a great organization.
There being no further business, Mayor Ellis declared the meeting
adjourned at 7:59 p.m.
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 February 3, 2009, which Minutes were formally approved and adopted by the City
Commission on February 17, 2009.
� �``- ���� `a.� . ��l��D� -tea
City Clerk
02/03/09
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-
Him a##
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
Eliopoulos, Gary Delray Beach City Commission
4IAJLING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 George Bush Boulevard WHICH I SERVE IS A UNIT OF:
CITY COUNTY X2 CITY - Q COUNTY 0 OTHER LOCAL AGENCY
Delray.Beach, Florida 33445 Palm Beach NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED City of Delra Beach
y
MY POSITION IS:
XX ELECTIVE Ll APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law-when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or 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 focal public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
iure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
)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
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying• on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange),
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
� YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 86 - EFF. 112000 PAGE I
APPOINTED OFFICERS (continued)
• A copy of•the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. Acopy 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. Eliopoul-os . , hereby disclose that on February 3, 2009
(a) A'measurecame 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. Eliopoulas Architecture, Inc.
inured to the special gain or loss of my relative,
inured to the special gain or loss
whom I am retained; or
— inured to the special gain or loss 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:
2/3/2009
Date Filed
Signature
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 112000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNT)(, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I AST NAME--FIPSTAAME-4MIDDLE NAME NAME OF 8 ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos, Gary Delray Beach Uty Commission
,AILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 George Bush Boulevard MICH I SERVE IS A UNIT OF:
CA TY COUNTY VCnY ❑ COUNTY ❑ OTHER LOCAL AGENCY
Delray Beach, Florida 33445 Palm Beach NAME OF POLITICAL SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
7/l/70nq XX ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
Conflict of interest under Section 112.314 3, 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
"tyres to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
ure Which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
aront 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.
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by You or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
WEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes- (Continued on other side)
CE FORM 8B - EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
A copy of the farm 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
Gary P. Eliopoulos, hereby disclose that on February 3, 20 09
(a) A Measure came or will come before. my agency which (check one)
inured to rrry special private gain or loss;
xx inured to th4.tpecial 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:
2/3/2009
Signature
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF, 112000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
MUNICIPAL, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I AST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos, Gary Delray Match City Commission
IAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 George Bush Boulevard WHICH I SERVE IS A UNIT OF:
CITY COUNTY IRCITY — ❑ COUNTY ❑ OTHER LOCAL AGENCY
Delray Beach, Florida 33445 Palm Beaiffi, NAME OF POLITICAL SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
2/3/2009 1 XX ELECTIVE ❑ APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities und.er.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
'tures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
.ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
iarent 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.
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
aKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 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
Gary P. Eliopoulos hereby disclose that on February 3, .-20 09
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
XL inured to the special gain or loss of my business associate EIJLop-oulos Architecture, Inc.
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained, or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
2/3/2009
Date Filed
F--
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 86 - EFF. 112000 PAGE 2
R
W V r
1:9!,M IFGT N!J I 1:..i RLWM6
AST NAME-FIRST NAME-MIDDLE NAME
Eliopoulos Gary
WILING ADDRESS
205 George Bush Boulevard
CITY COUNTY
Delray Beach, Florida 33445 Palm Beach
DATE ON WHICH VOTE OCCURRED
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Delray Beach City Commission
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY OCOUNTY 0 OTHER LOCAL AGENCY
NAME 00 POLITICAL SUBDIVISION:
City of Delray Beach
MY POSMON IS:
XX ELECTIVE 0 APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented with'a voting
conflict of interest under Section 112.314 3, 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
iures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
�ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
.)arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
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).
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
,-./ you or at your direction.
I 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 side)
CE FORM 813 - EFF. 112040 PAGE 1
• 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 • LOCAL OFFICER'S INTEREST
Gary P. Eliopoul-os hereby disclose that on February 3, .20 09
(a) kitteasure came or will come before my agency which (check one)
inured to my special private gain or loss;
XX inured to thi5 special gain or loss of my business associate, Eliorioulos Architecture, Inc.
inured to the special gain or loss of my relative,
inured to the special gain or loss
whom I am retained; or
— Inured to the special gain or loss 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:
2/3/2009
Date Filed
Signature
by
LTWI
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 112000
PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
AST NAME--FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHqRITY, OR COMMITTEE
MeDuffte, Nelson S. "WoodIe"' Delray Beach City Commissxon
BAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
2364 S.W. 35th Avenue WHICH I SERVE IS A UNIT OF!
CITY COUNTY ncrry. a COUNTY ❑ OTHER LOCAL AGENCY
Delray Beach, Florida 33445 Palm Beach NAME OF POLITICAL SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED
2/3/2009 MY POSITION IS: U ELECTIVE 0 APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112,3143, Florida Statutes.
Your responsibilities under the law when fated 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
iures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
:ure which inures to the special gain or loss of a principal (other than a government agency) by whom he.or she is retained (including the
, arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; of
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.
YOU INTEND TO MAKE ANY AT-TEMPT 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 side)
CE FORM 86 - EFR 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
Nelson S. "Woodie" McDuffie hereby disclose that on February 3 20 09
W easure came or will come before my agency which (check one)
A 71nured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained: or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained Me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
vit � /)RIL k-072� RRIP 14 Fes- IA15110-z P0Q
0 pwn��8�3* .
2/3/2009
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 86 - EFF, 112000 PAGE 2