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02-10-09 Special/WS Meeting MinutesSPECIAL jWOP:I~SH{JP MEETING FEBRUARY 10, 2009 A Special j~Xlorkshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to oxder by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:02 p.m., on Tuesday, February 10, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Conunissioner Fred B. Fetzer Vice Mayor Waodie McDuffie Comtxiissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Doug Smith, Assistant City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk Mayor Rita Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA 1. WAIVER REQUESTIWORTHING PLACE; Consider a xequest to waive Land Development Regulations {LDR} Section 4.3,3{C!O){1}{f), "Generators", to allow generatoxs to operate the full capacity of the equipment being served far a reduced period not less than farty- eight {48) hours for the property located south of Atlantic Avenue immediately south of Worthing Park, between S.E 1S` and 2nd Avenues, (Qr~asz Judreial.Heaxing) Mayor Ellis read the City of Delray Beach Quasi Judicial Hearing procedures into the record. 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 pane communications. Mr. Fetzer stated he had no exports communications to disclose. Mr. Eliopoulos stated he had no ex paste GammlInlcatlanS. o2/sojo9 At this point, Mr. Eliopoulos declared a conflict of interest. ~- Mayor Ellis stated she had no ex parte communications to disclose, Mr. Bernard stated he had ~ no ex parte communications to disclose. Mr. McDuffie stated he had brief conversations with 1 Mr. Weiner and Mx. Morris, and declared a conflict of interest. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-065. Mr. Darling stated this is a waiter request to LDR Section 4.3.3((JO){1){l~ which requires generators to operate the fiall capacity of the equipment being served for a period not less than 120 hours. He stated this is a generator request in conjunction with ~ordiing Park which is a 2.37 acre site which was approved several years ago fora 217 unit mixed-use development with 12,292 square feet of retail. Qn September 5, 2006, the City Commission approved this ordinance which required that all multi-family developments be equipped with a generator. Mr. Darling stated given the size of this development the applicant has indicated to accomplish this they would require 1,000 gallons of fuel on site and they are concerned about accommodating that much fuel on site and requested a lesser time for the required operation. Mr. Darling stated in the analysis that the Environmental Services did staff would anticipate that a five (500) gallon tank that they have indicated that they would provide at 100 hours and their request is for a specific time of 48 hours. Staff recommends approval of the waiver but that there not be a timeframe on it but connect it with the hours that would run with a 500 gallon tank. Mr. Darling stated the Fire-Rescue Department does not agree that this waiver should be granted Michael Wemer,_10 S,E. 1S` Avenue, Delray Beach representing the AP~licantl, stated i # LDR Section 4.3.3(C)O)(1)(E') requires generator operation for one hundred and twenty (120) hours for elevators and emergency lights. Mr. Weiner stated this building was designed and approved in January 2000 and it was six years later that the Comrr~ission passed this ordinance requiring the size of this tank, He stated with respect to this particular request for a waiver this would not be a special privilege but this particular waiver applies to a building that has been designed five years before the passage of the ordinance. Mr. Weiner stated there are design problems and the size of this tank would be huge and this was outside the building and would be aesthetically inappropriate. He stated inside the building they are talking about being inside a garage. Mr. Weiner stated because of the unique design of the building, because of the day of the passage of the ordinances, and because it is not a special privilege, and because this is the safest way to address this particular issue they meet the requirements of LDR Section 2.4.7(B){5) and that they should have a waiver to LDR Section 4.3.3(UO)(1)(F) and that the waiver should request that they install a 560 gallon diesel tank that would allow operations from 60 to 100 hours. John `1Comaszewski, Assistant Fire Chief, stated there are 1,000 gallon storage tanks with a two-hour fixe resistance rating that negates the issue with regards to this being a problem for the Fire-Rescue Department from a safety perspective. Mr. Tomaszewski stated he believes the Land Development Regulatton that addresses this also addresses existing buildings that states within six years an existing building that meets a building of this nature be equipped with the same provision. f -2- 02~10~09 Mr. Tomaszewski stated staff is looking at this as the cost being passed from the developers onto the future occupants and residents. Mayor Ellis stated if anyone else from the public wishes to address the Cornxnissian regarding the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed: There was no cross-examination; there was no rebuttal from City staff. The following individual gave a brief rebuttal: Mr. seiner stated the issues that are related to the installation of the 1,000 gallon tank axe related not only to the safety issue but also to the size and capacity of that particular tank. l-le stated in order to design this it would mean that they would have to lose additional parking ar it would have to be on the exterior of the building and neither of them are suitable solutions. The City Attorney asked for clarification about the tank. Mr. Weiner stated staff has mentioned 500; however, they can go to a 5G0 gallon tank. The City Attorney asked if the applicant would be agreeable to a condition that would establish an agreement with a diesel fuel provider to provide for replenishment in the event of an extended power outage sa that the generator would be operational until power is restored. Everyone agreed to the condition of approval. Mr. Bernard asked Mr. Weiner to explain that in the event of an extended paver outage how he plans on replezushing. In response, Mr. Weiner stated there are commercial available contracts which would be part of this waiver where you go to a replenishment service and they will came out to your property and fill the tanks. He stated on the lowest estimate it is 3 t~z days and it is more than likely 100 houxs which is more than 4 days and under those circumstances they will make it a part of the order and have it refilled. IVIr. Fetzer agrees with staff's recommendation and supports the waiver. Mayor Ellis stated she too supports the waiver. 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 approve the Board Order subject to the condition that Wort]!Zing Place shall establish an agreement with a diesel fuel provider to provide for replenishment in the event of an extended power outage so that the generator would be operational until power is restored, seconded by Mr. Bernard. Upon roll call the Caixzm.ission voted as follows: Mr. Fetzer -Yes; Mayor Ellis -Yes; Mr. Bernard -- Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos and Commissioner McDuffie returned to the dais. -3- 02J10J09 2. SERVICE AUTHORIZATION NO. 07-491MATHEWS CONSULTING, INC.: Approve Service Authorization I~lo. 07-09 in the amount of $54,979.00 to Mathews Consulting, Inc. for professional construction management services in the conversion of the Boaster Pump Station to serve the Beach Area Reclaimed Water Systern. Funding is available from 441-5181- 536-65.90 (Water & Sewer Fund/C?ther Improvements jReclaimed Water Transmission}. Richard Hasko, Director of Environmental Services, stated this proposal is for provision of professional consulting services for the first contract which is the modification to Area 11A Reclaimed Water System. The proposal is for X54,979.00 and there are three {3} contracts involved with this project. Mr. Hasko stated staff split this up into three {3} contracts primarily because of the time element involved with the South Florida Grant. Mr. Eliapoulos stated in looking at the proposal for the construction administration on the Booster Pump Station this particular scope is beyond the City's in-house capabilities. Brief conversation between staff, the Corrrsttnission and the City Attorney followed. Mr. Eliopoulos moved to approve the Service Authorization No. 07-09 to Mathews Consulting, Inc. with the modification to the contract that the fees fox additional services will not exceed $15,000.00, seconded by Mx. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis adjourned the Special Meeting at 6:2$ p.m. Y WORKSHOP AGENDA 1: Presentation of Compensation and Classification StudX Bruce Koeser Director of Human Resources, stated the Human Resources Department has been charged with taking a look at non-bargaining positions, compensations, and practices to review the City's job classification system. Mr, Koeser stated the City is not in a financial position to make a lit of changes but it is always good to stay on top of it. Dr, effrey Ling Executive Vice President with Evergreen Solutians~ LLC, stated the City asked Evergreen Solutions to engage in the following four (4} key components: {1} review its current system classificationJcompensation for its strength and weaknesses and assess the equity, (2} to evaluate where the City stands versus the City's peers in the marketplace, (3} present findings and recommendations and any potential changes that would be necessary ox beneficial to the City in the future, (4} and/or revive any classification descriptions ox jab information that would relate to the feedback provided to Evergreen Solutions by the employees. Mx. Ling gave a brief PowerPoint presentation and reviewed the proposed recommendations. -4- , 02J10/09 Mr. Koeser stated the job descriptions for all non-bargaining positions (320 employees) is now ADA compliant. Staff recognizes that they will not be able to make those financial commitments fully to what Evergreen Solutions is recommending. The City Manager stated staff will look at this information both at mid-year and in next year's budget and see what part of it the City might be able to implement at that point. 'The FLSA changes would be made immediately to make sure that the City is in compliance. Brief discussion followed between Mr. Koeser and Commissioner Eliopoulos regarding FLSA issues. Mr. McDuffie asked if this will be reviewed an an annual basis. Mr. Koeser stated he does not feel there is a need to go into this level of detail annually; however, recommends that jab classifications be reviewed every 2-3 years. Mr. McDuffie asked if the CPI {Consumer Price Index} adjustments will be looked at, Mr, Koeser stated the City does not generally do COLA adjustments but they can look at everytl!xing relative to where the City is to the market. Portia Dinkins Human Resources Consultant/Compensation & Benefits, stated what Evergreen Solutions suggested comes with a maintenance and follow-up plan every year and noted there are g~udelines to look at to maintain. what they already put rota place. Mr. Bernard asked if the title changes would be made fast. Mr. Koeser stated the FLSA piece would be done first. Mayor Ellis asked why the positions on the FLSA list were selected. The City Attorney skated there have been changes in the law on how you describe criteria and this was looked at to make sure that they are categorized correctly. Brief discussion between Mr. Ling, staff, and the Commission followed. Ms. Dinkins stated some of the Department Heads expressed concern over the issue of the financial cost to them with employees who generally work over 40 hours who are classified as exempt that will now become non-exempt because this is a cost that they will now have to consider in their budget. The City Manager stated staff will look at restructuring positions or reassigning duties to mit~~mize that overtime cost, The City Manager stated this is informational at this point. 2. Presentation of Benefits Comparison including Pension and Voluntary Emplovee Benefit Association r~VEBA~ Bruce Koeser, Director of Human Resources and Risk Management, stated staff took a look at other municipalities from the total rewards compensation picture including medical benefits, all types of benefits including pension, etc. He stated staff looked at the City of Boca Raton, the City of Boynton Beach, and Palm Beach County (including Palm Beach County Sheriff's office). -5- Q2f10/0~ Mr. Koeser stated when looking at the total benefits picture the City of Delray Beach stands ,~. pretty well compared to the competition. Mr. Eliopaulos asked how staff decides who to compare the City of Delray Beach to and what t~ppe of criteria was used. Mr. Loeser briefly explained the criteria that was used. The City Manager stated there are a lot of differences in details in the package between different entities and it makes it complex to make a comparison. Jodie M. JuPp Area Vice President far Gallaher Benefit Services, Inc., stated the study has been broken down into three different segments: (1) Health and Welfare, {2) Benchmarking, and (3) Pension Study and all that rolls up into a total reward, She stated on the Health and ~X/elfare eight different cities were evaluated and on the pensian there were six cities evaluated but rolling out the information on a combined level for the total rewards there were five that were considered into that. Glen Volk, Actuarial Consultant, briefly discussed the eight cities that were studied. He stated that the one thing that stood out in the medical plan is that the City of Delray Beach charges a little more (approximately $150.00 more) for dependent coverage than mast of its competitors. He briefly discussed VEBA for Police and Fire and noted that there is a 3,3°lo payroll contribution that is made by the City. He also discussed the pension evaluation and for police and fire and general employees (6 cities in the study). Mr. Volk stated the Police and Fire pensian benefit has a greater cast compared to any other city and the General Employees :, Pension is competitive but is not clearly above the other cities. Ztirlx. Eliapoulos asked Mr, Volk if he has done studies for unions. Mx. Volk stated he has not personally done studies far unions. Mr. Fetzer inquired about the medical benefits under the benchmarking study for HMO and it was clarified that most of the cities that were compared to the City of Delray Beach do not charge for HMO coverage far employees. Portia Dinkins, Human Resources Consultant/Corn~,ensation & Benefits, stated the County has started charging $10.00 per month for employees far the HMO and then they use that to offset dependent coverage. The City Manager stated one of the charts displayed showed VEBA contribution for those other entities that have VEBA and noted that he does not see that information in the back up and asked Mr. Valk to comment an this. Mr. Valk stated all of the VEBA's define a benefit that comes out of the plan far retirees zvho meet the age and service requirements. He stated for the City of Delray Beach $5,200.00 a year and for a City of Delray Beach employee who is in the plan when they retire VEBA pays them $5,200.00 a year ax approximately $450.00 a month that they can use toward paying their retiree healthcare. The City Manager stated the earlier chart showed a number of other entities required an employee contribution rather than the city making the total contribution. -6- 02J10f09 Mr. Volk stated for most other entities the total contribution was Z'Iz°I4 and the employees paid 2°lo and for most other cities this is largely fuianced by the employees. Mayor Ellis stated this is a lot of interesting information and it will take her a couple of days to digest this. The City Manager asked Bruce Koeser, Director of Human Resources, to get with ~un Tabeek and the City's consultants to make sure his questions get addressed and noted that there may be some things that need to be changed. 3. Recommendations regarding the four (4~ Histaric Districts Paul Darling, Director of Planning and Zoning, and Amy Alvarez, Histaric Preservation Planner, gave a brief PowerPaint presentation and reviewed the recommendations that came out of the report for the three districts {Nassau Park, flld Schoal Square, and Del-Ida Park}. Mr. Bernard asked why the West Settlers Historic District cannot be brought forward, Mrs. Alvarez stated the map is the last page of the West Settlers section and the consultant is doing additional research an some of the properties and once staff gets this information complete then staff will bring a revised report with the West Settlers recommendations to the Commission. Mr. Bernard asked what the timeframe is in terms of coming back to the Carnnnissian. Mr. Darling stated that research should be lane in the next cauple of weeks and staff will process each of these recommendations for the districts individually as ordinances. Mr. Fetzer stated C}ld Schoal Square is the only historic distxict that plans to expand its geographic area and the period of significance was the main issue in the other districts as far as changing them to contributing structures and asked what the rationale is for what the period of significance should be. Mr. Darling stated it deals with the type of development that occurred and the architectural styles which are part of those individual timeframes. Mr, Fetzer stated with all those changes he inquired if the City Attorney would require an ordinance. The Cit~t Attorney stated this would require an ordinance, The Marina Historic District will be reduced and this reduction will go to the Historic Presenvation Berard {HPB} next week, Mr. McDuffie asked in what way the residents were involved in these areas, In response, Mr, Darling stated this is getting the physical characteristics of the properties and the residents would not be a part of that data collection. Mr. Darling stated staff is just reporting the findings to the Comnussion now and it will go thxough the public hearing process moving forward and everybody will be noticed not only witln the district but within 500 feet of the district. Mr. Fetzer asked how often the City agreed to resurvey these districts and what costs will the City incur to da this. Mr. Darling stated staff talked about resurveying the districts every five years. Mr. Darling stated the resurvey of the Marina District was $10,000.00 and the other four districts cast $35,000.00. -7- 02f10f09 4. Environmental Services De~artrnent_Expense Control Process Richard Hasko, Director of Environmental Services, briefly discussed the in-house Environmental Services Department Expense Control Process regarding change orders. Mr. Hasko stated approval authorizations vrill be required as follows: {1} less than $1,000.00 will require approval by the ESD Director, {2} between $1,000.00 and $15,000.00 will require approval by the City Manager, {3} greater than $15,000,00 will come to the City Commission for approval. Mr. Hasko stated Contract allowances such as video and utility allowances will require approval by the Director only, These allowances are contract line items that are for specific generic activities for which staff assigns a dollar amount in the contract bid documents so they will not be determining factors for the contract award. Brief discussion between Mr, Hasko and the Commission followed. Mr. Eliopoulos stated he would like to minimize some of the allowances. Mr. Bernard asked if they can add the language that if there is any additional work and if they do it without the authorization then it would not have to come before the Commission to approve. The City Attorney stated there is case lour that says if it is not approved by the City by a person who is authorized to approve it then we do not have to pay it. She suggested that the Commission look at the City's ordinances to make sure that we codify the exact idea being presented here. Mr. Eliopoulos and Mayor Ellis stated this is a goad start. Mr. Hasko stated staff will also be maintaining a monthly change order log. Mr. McDuffie asked if the City has plane metrics in our GIS system for water and sewer. Bob Mickla, GIS Coordinator, stated they exist now in CAD and staff is currently in the process of converting the water and sewer from CARD to GIS. 5. Capital improvement Program management system Randal I~rejcarek, City Engineer, stated the goal of staff is to implement the inception and the creation of the CIP document using this process. He stated staff will also use this for reporting the status of current CIP projects as well. Joseph Safford, Finance Director, stated whenever there is a capital project there may be an impact on operating costs and asked if there is an area on the input screen where a department can tell us how much this project is going to affect their operating costs. Mr. Krejcarek stated this section is there. Mr. Barcinski asked if you will be able to show reduced costs or cost savings, Mr. Safford stated you can do this either way {either positive or negative numbers}. -8- 02J 10 f 09 Mr. Hasko stated anybody's staff that wants to initiate a capital project is going to have access to the first two templates displayed and the data entry will be done by the individual in that department. Mr. McDuffie asked what the data is is stored in for the HTE database. Mayor Ellis adjourned the Special/Workshop Meeting at 8:17 p.m. City Clerk ATTEST: ~~ ~~ MAYOR 1 1 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, February 10, 2009, which Minutes were formally approved and adopted by the City Commission on 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 amendments, additions or deletions to the Minutes as set forth above. -9- 02/10/09 FARM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AST NAME--FIRST NAME---FAIDDLE NAME NAME OF BOARD, COUNCIL, CCMMISSION, AUTFi(}RITY, aR CaMMtTrEE McDuffie iioodie S. Delra Beach Cit Ccimmission :AILING ADDRESS THE 80ARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE QN 23G4 S.H. 35th Avenue WHICH 1 SERVE ISA UNIT OF: CITY COUNTY ~~ ^ COUNTY ^ OTHER LOCAL AGENCY Delra Beach, Florida 33445 Palm Beach NAME of POLmCAL sueDlulslaN: Cif of Delra Beach BATE ON WHICH VOTE OCCURRED MY POSITION IS: 2I10/ZOfl9 %~4 ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This farm is for use by any person serving at the caunfy, city, or other local level of government on an appointed ar 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 respansibiiities under the law when faced with voting on a measure in which you have a conflict of interest wilt vary greatly depending on whether you hold an elective or appointive position. For this.reasan, please pay close attention to the instructions an this form before compfetirig the reverse side and filing the form. . INSTRUCTIONS FOR COMPLII~NGE WITH SECTION 192.3143, FLORIDJi STJATUTES A person holding elective ar appointive county, municipal, or other focal public office MUST ABSTAIN from voting on a measure which lures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly eating an a mea- ure which inures to the special gain or lass of a principal {other than a government agency} by wham he or she is retained {including the ,,arent organization ar subsidiary of a corporate principal by which he ar she is retained}; to the special private gain or lass of a relative; ar to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 ar 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vats basis are not prohibited from voting in that capacity, For purposes of this law, a `Ye(ative" includes only the afficer"s father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-iaw. A "business associate" means any person or entity engaged in ar 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 fisted an any national or regional stack exchange}. - M f f t t t t i • • f i f i f ELECTED OFFICERS: to addition to abstaining from eating 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 an wt7ich you are abstaining Pram voting; and WITHIN i5 QAYS AFTER THE V{~TE OCCURS by eompteting and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. t i t f !APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. tiawever, you must disclose the nature of the conflict before making any attempt to influence the decision, whether araHy ar in writing and whether made you ar at your direction. YOU lNTENQ TC7 MAKE ANY ATTEMPT TO INFLUENCE THE C?ECISION PRIOR TO THE MEETING AT WFIICH THE VOTE WILL BE nKEN: • You must ccymplete and file this farm {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 an other side} CE FC1Rtvt 8B - EFF. 912404 PAGE 1 Item SPil APPOINTED OFFICERS {continued} • A +copy of the form must be provided immediately to the ottiet 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 8Y DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflid in the measure before participating. You must complete the farm and file it within i5 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, Nelson S . "Woodie" McDuf fie ,hereby disclose that on February t0 ~ , 20 0~_: (a) A measure came or will came before my agency which(check one) gg, inured to my special private gain or lass; inured to the special gain or loss of my business associate, , _ inured to the special gain or loss of ~ relative, inured to the special gain or loss of , by wham 1 am retained; or inured to the special gain or lass 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 confliding interest in the measure is as follows: Owners of the property to which a waiver was to be voted on are hosting.a fundraiser .for my campaign. 2 J 1.0/2009 Date Filed Signa ~-.. 4 a M „~ a._ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §'I '12.317, A FAILURE TO MAKE ANY RE~IRED 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 $10,0(}0. s CE EORM 8B - EEE. iJ2~00 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AST NAME--FIRST NAME--Mlddt.£ NAME NAM£ aF 80ARd, CQUNCIt, CaMMISSiaN, AUTHaR!'IY. OR COMMITTEE 81ia autos, Gary P. Delra Beach Cit C~-issiou MAILING AOOtiESS THE BaARO, COUNCIL, COMMISSI(rN, AUTHORITY OR COMMITTEE aN 2t}S ' Gear a Bush Boulevard wHSCH I s£RVE Is A uNrr aF: CITY COUNTY CnY O COUNTY O aTHER LaCAI AGENCY Delray Beach, ~ Florida 33445 Palm Beach NAtuI£ of Pat.mcAl suadnnslaN: Cit of Delra Beach BATE ON WHICH VOTE OCCURREa MY PaSITION IS: ' ~ J jQ f ~QQ~ $~ ELECTIVE t] APPOINTIVE WHO MUST FILE FORM 8B This farm is for use by any person serving at the county, city, or other loco! level of government on an appointed or elected board, council, ,commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflid of interest under Section 1123143, Florida Statutes. Your responsibilities under the taw when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective ar appointive position. For this reason, please pay class attention to the instructions on this farm before ctrmple#irig the reverse side and filing the farm. • INSTRUCTIONS FOR COMPLIANCE WITH SECTION 912.3943, FLORIDA STATUTES A person holding elective or appointive county, municipal, ar other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or lass. Each elected or appointed` focal officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain ar 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 try which he or she is retained}; to the special private gain ar loss of a relative; or to the special private gain or bss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent speaal tax districts elected on a one-acre, one-vote bases 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-taw, mother-in-law, son-in-taw, 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 par#ner, joint venturer, caowner of property, or corporate shareholder (where the shares of the corporation are not listed an 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; arrd WITHIN i5 DAYS AFTER THE VOTE OGGtlRS 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 nust disclose the nature of the canfticf before making any attempt to influence the decision, whether orally or in writing and whether made sy you or at your direction. .F YOtI INTEND TO MAKE ANY ATFEMPT TO INFttlENCE THE DECISION PRIOR TQ 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 I=ORM $B - EFF, 112000 PAGE t Item SP.I ..: _ . ._ . _a_ -~ APPC?~INT'ED OF~FIGERS Q(continued~ A`capyofffie.farrnmusibeprovidedimmediatelytottieathermen6ers-of`tteageriij+. ~ E ~ ~i • The form,must:be read publidy,at the next meeting after.Ehe forrri,is filed.. -_ .. il+ YOU MAKE. hlt) ATTEtvtPT~7Q INFLUENCE THE~ECISyI'DN t~XCEP'7`~BY DfSCt1SSION AT THE ftirtEETING: c ~t~ You must-disclose orally tfi'e nature. of your co~itictn the m2asor~ befc~re,psrtEC~pating. • You must~complete,~.ths farm and fife it within 15 days after khe vote oc~.ars with tltie`person~es~nsible for recording the'mirtutes of.the meeting,: who mustinco~orate the form in tfie.miriutes. A copy of the. form must ba:prov3ded ii7?mediately to the other members' of the agency,-and the form mfast be reed pubficfy a't fhe:next meeting afterthe #orm is fsted, [3fSCLC3St~R~E C1F LQCAL t}FFICER'S .INTEREST x ~t; Gary' p - Eliapoulos ,hereby disclose that on February ltl , 20~g - ~ _ ,~ ;t (a'~' i4.mea'st~~e. oarYto or w~8 dine before nay agency,which {deck onej inured: to my special .private gain :or loss; inurad; tci;fhe special.gain or.loss of my business associate, El3bpaulos Archi:te'ctMure Inc°~ ;. anured;to the spec~ol gain at lo`ss~ot`tYt}r;relative, .. .- ~: iriured to the special gain=or loss of ~ ..b~ wht~m t am retainedF or ,,, ,. ~., - :,' ~ ' .- rnured. to tlte; special gam o~r'loss of _ , whibh . , _ _ . „~r °. ' is the°parent~irganization or stibs~diary;of a priricipal.wMch hssreiained. me, .. : - {b}.Ttie measure befcira my-agency'_;3nd the nature of-my conf[{ctmgiiterest iri the.measure xs as falttn~s: Y;, ~, ,. Partner`'3.'n project. viaA Rugi and .Eliopouls, ~.''.A.. .. .~, 2f YQ/2tI09 ` ~„ Date Filed Signature- NOTICE: UNDER PROVISIQNS OF FLC'7RIDA STATUTES §ii2.3i7, A FAILURE Td MAKE ANY REQUIRED DISCLOSURE CONS`fITUTES GROUNDS FOR AND MAY 6E PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEAGFiMENT, REMG11At_ OR SUSPENSION FROM OFFICE OR EMPLOYMENT,, DEMOTION, REdUCTION IN SALARY, REPRIMAND,, OR A v CIVIL. PENALTY NOT TO EXCEEO $10,000. CE FORI4S SB - EFF. 1r2000 PAGE 2 y r p' r" 1