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03-17-09 Regular Meeting MinutesMARCH_1.7,_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, March 17, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Brian Shutt, 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. Item 6.C,, Reco~nizin~ and Commending Atlantic High School Girls Basketball Team will be postponed until Apri17, 2009. ~ ~~~ Mayor Ellis stated Item 10.E., Resolution No. 14-09 Amendment No. 1 to Contract for Sale and PurchaselCommuni Land Trust/315 S.W. 3rd Avenue has been withdrawn by the applicant. Mr. Bernard requested that Item 9.N., Discussion of Tennis Tournament O erational and Mara ement Practices and Policies be moved up on the Regular Agenda as Item 9.A.A. Aiso, Mr. Bernard requested that Item 8.B., Contract Addition Chan e Order No. 1)LIW Cheatham, LLC, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and Item 8.C., Service Authorization No. 07-08.2/Mathews Consulting, Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. 03/17/09 The City Manager requested that Item 9.B., Resolution No. 12-09 esolution of Necessit /Don las Avenue S ecial Assessment District and noted that staff will bring back at the next meeting so that they can recalc~xlate the amounts. Mr. Eliopoulos requested that Item B.D., Service Authorization No. 07- 101Mathews_Cons~ltin~, Inc., of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A., Item B.H., Fourth Amendment to Parking Space Lease Agreement/Oxford Busine, s Corporation of the Consent Agenda be moved t the .5.. ~ o Regular Agenda as Item .9.A.A.A.A.A.A. and Item 8.L.D., (Site Plan Review a_nd A earance Board Item of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A.A.A. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPR VAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of February 17, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to approve the Minutes of the Regular Meeting of March 3, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos =Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco nizin and Commendin William and Nicholas Burckhard Mayor Ellis read and presented a proclamation hereby joining in honoring William Burckhard and Nicholas Burckhard in recognition of their courageous act and extend our gratitude to have men that demonstrate these characteristics working in our community. On behalf of the Delray Beach Police Department, Police Chief Tony Strianese expressed his gratitude and presented William and Nicholas Burckhard with a plaque from the Police Department. 6.B. Commending multiple meda_1_winners -Delray Beach 2009 Senior Games ~ ~ ~ .. .~ Mayor Ellis read and presented a proclamation hereby recognizing and commending the following contestants for their many triumphs in the 20th Annual Delray Beach Senior Games: -2- 03/17/09 * Ed Rangel, 11 medals (2 gold in basketball skills, 2 gold and 4 bronze in track and field, and 3 gold in swimming) • Chris Burt, 10 medals in swimming (9 gold and 1 silver) • Rodger Ribeiro, 7 gold medals (1 in golf, 1 in bowling, 1 in tennis, 1 in table tennis and 3 in track and field} • Raffi Toroyan, 5 silver medals (4 in track and field and 1 in table tennis} • Justin Langsner, 4 medals (2 gold in basketball skills, 1 gold and 1 silver in track and field) • Nicholas Haridopolos, 4 gold medals (1 in tennis and 3 in swimming) • Fred Henderson, 4 gold medals in swimming • Martin Quinn, 5 medals in track and field (4 gold and 1 silver) • Edward Soderberg, 4 gold medals in track and field • Don Zaccardo, 4 medals in track and field (3 gold and 1 silver} proclamation. Danielle Beardsley and Linda Karch came forward to accept the 6.C. Reco nizin and Commendin Atlantic Hi h School Girls Basketball Team This proclamation will be postponed to regular meeting of Apri17, 2009. 6.D. Water Conservation Month - Apri12009 Mayor Ellis read and presented a proclamation hereby proclaiming the month of April 2009 as Water Conservation Month in Delray Beach. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation. 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. B.A. RE UEST FOR SIDEWALK DEFERRAL11005 RHODES VILLA AVENUE: Approve a request to defer the installation of a sidewalk in front of 1005 Rhodes Vi11a Avenue. 8.B. TIIIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. B.C. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.D. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. -3- 03/17/09 8.E, PHASE 2 PARTICIPATING AGENCY DESIGNATION /FLORIDA DEPARTMENT OF TRANSPORTATIONISOUTH FLORIDA EAST COAST CORRIDOR TRANSIT ANALYSIS STUDY: Approve and authorize the execution of an agreement with Florida Department of Transportation for the City to participate in Phase 2 of the South Florida East Coast Corridor Transit {SFECCT} Analysis Study. B.F. HOUSING REHABILITATION GRANTICONTRACT AWARD: Approve one (1) Housing Rehabilitation Grant contract award through the Community Development Division in the amount of $24,564.75 to Jemstone Construction Group, Inc. {310 N.~V. 12th Avenue). Funding is available from 118-1963-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation}. B.G. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCYICURB APPEAL RESIDENTIAL IMPROVEMENT PROGRAM: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $50,000.00 far FY 2008 - 2009 to fund the implementation of the Curb Appeal Residential Improvement Program within the CRA area. B.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A.A. 8~I. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Approve and ratify certain appointments to the Kids and Cops Committee for terms ending November 30, 2009. S~J. SPECL4L. EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a request for an Easter Sunrise Service to be held on April 12, 2049, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.rn. to 7:30 a.m., grant the use of the pavilion, authorize staff support for traffic control, barricading and EMS presence. 8.K. SPECIAL EVENT RE VEST/AVDA SK WALK/RUN: Approve a special event request to endorse the 12t Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) SK Walk/Run to be held on Sunday, October 10, 2009 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F} for the use of Anchor Park and the City right-of--way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pick up and removal, and set up and use of half of the small stage; contingent on the sponsor providing the required liability insurance and hold harmless agreement. 8.L. ITEM S.L.D. HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A.A.A. -4- 03/17/09 S.M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Technical Inspections, Inc., in the axnount of $16,650.00 for the rehabilitation of Lift Station #18. Funding is available from 442-5178-536-68.15 (Water and Sewer Renewal and Replacement/Lift Station Rehabilitation). 2. Purchase award to Florida Bullet, Inc. in the amount of $18,300.00 for the purchase of ammunition in preparation for next year's training and firearms qualifications for the Police Department. Funding is available from 001-2115-521-52.X9 (General Fund/Operating Supplies/SWAT Expenditures). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis ~- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. McDuffie --- Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. DISCUSSION OF TENNIS TOURNAMENT OPERATIONAL AND MANAGEMENT PRACTICES AND POLICIES Mark Baron came forward and introduced himself as the Tournament Director of the Delray Beach International Tennis Championships. Sharon Painter came forward and stated she works for JCD Sports Group and they facilitate between the City of Delray Beach and the tournaments. Commissioner Bernard stated last year he attended the Chris Evert Tennis Tournament and tried to get into the VIP section but only his friends were allowed in and he was not. He stated Dolores Rangel, Administrative Assistant, had to call management to allow him to enter the VIP section. Mr. Bernard stated he never did anything regarding that, however, with the event that transpired on February 28, 2009, he feels the City needs to take a look at the policies and procedures that are established at these tennis tournaments. Commissioner Bernard stated he spoke to Mr. Baron about the incident that took place on February 28, 2009 and he was very specific in terms of whom he wanted to be present at this meeting (the usher who was at the event, Mr. Dick Quinton, Mr. Mark Baron himself, and the Police Officer that Mr. Quinton reported the event to). Mr. Baron noted that these individuals are not present this evening; however, he will ensure that they are present at the next regular meeting of April 7, 2009. Mr. Bernard asked that the City Attorney take a look at the agreement with the City of Delray Beach and Matchpoint anal then, at the next meeting, the Commission will give staff more instructions on what to do. -5- 03/17/09 At this point, it was the consensus of the Commission to postpone this item to a date certain of Apri17, 2009. 9.A.A.A. CONTRACT ADDITION CHANGE ORDER NO. 1 1J W CHEATHAM, LLC.: Approve a Contract Addition {Change Order No. 1} in the amount of $34,020.00 to JW Cheatham, LLC. for extending S.W. 7th Avenue to SW 4th Street. Funding is available from 118-1960-554-68.27 (Neighborhood ServiceslOther Improvement/ Mango Dr/Reigle Dr & S.W. 7th}. Richard Hasko, Director of Environmental Services, stated this item is a $34,020.00 change order to contract with JW Cheatham for construction of the project for Mango Drive/ReigIe Avenue/S.W. 7th Avenue Roadway Construction. Mr. Hasko stated the reason for the change order is the addition of a length of roadway at the south end of 7th Avenue. The original was for adead-end hammerhead at the end of S.W. 7th Avenue where the 50 foot right-of--way narrows down. Subsequently, staff was looking at and discussing the issues that arose from that dead end in terms of emergency vehicular access, etc. and we looked at the opportunity for using the lesser right-of--way south of there and extending 4th Street and extending 7th Avenue all the way to 4th Street. Staff did a design for that and the additional construction of that work is what that change order is for. Mr. Bernard stated this is a 24.21 % increase and expressed concern as to when we are going to get this right. Mr. Hasko stated you are never going to not see any change orders. Mr. Hasko stated what staff struggled with in the past and have now resolved is making sure that we receive proper levels of authorization prior to work being done. He stated there are many projects where staff sees an opportunity for cost savings or savings of economy of scale by adding scope to an existing contract. Mr. Hasko stated if it is in line with the type of work that the contractor is doing, which the contract is awarded, staff has the economy of scale of having the contractor already mobilized on site so this saves the City money. Mr. Hasko stated they also save money on materials because the contractor is adding to his existing bill of materials so there is an economy of scale there. Therefore, Mr. Hasko stated it is beneficial to the City and it is cost effective as well. Mr. Eliapoulos stated because of the right-of--way limitations he believes it is affecting someone's property and asked if this has been worked out. Lula Butler, Director of Community Improvement, stated staff met with the homeowner {located on the corner of 7t~, Avenue and 4th Street}. The house faces 4ch Street and it is a habitat house built in 1996. Mrs. Butler stated the homeowner applied for a building permit to erect a fence across the front of her property which is a 50 foot lot. Mrs. Butler stated she is represented by her Attorney and she had thought that the person who owns the property across from the right-of--way owned all of that land which appeared to be vacant land. Mrs. Butler stated the homeowner extended her fence across the City's 25 foot right-of--way. Mrs. Butler stated staff informed her that the City would remove her fence and place ii along the side of her home as part of this project. The _6_ 03/17/09 homeowner also extended a patio slab that now encroaches into the City's right-of--way and the City will have to cut part of that off. Mrs. Butler stated staff met with her and her attorney took the position that because she had her fence there for more than 5 years she now has the right to take that property. The City Attorney's office has given staff case studies that say that is not correct for public property so we have informed her attorney of this by letter. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item S.S.), seconded by Mr. McDuffie Upon roll call the Commission voted as follows: Mr. Eliopoulos -~-- Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - No; Mayor E11is - Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. 9.A.A.A.A. SERVICE AUTHORIZATION NO. 07-08.21MATHEWS CONSULTING, INC.: Appxove Service Authorization No. 07-08.2 in the amount of $12,843.00 to Mathews Consulting, Inc. for professional engineering services in the design of Area 11A of the Reclaimed Water System. Funding is available from 441- 5181-536-65.96 {Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). Richard Hasko, Director of Environmental Services, stated this request is a staff request far approval of an additional $12,843.00 for professional engineering services for Reclaimed Water Area 11A (Contract #3). Mr. Hasko stated the entire Area 11A Reclaimed Water Project is fairly expansive in its scope and involves the retrofitting of an existing re-pump station and it involves some very large piping which will be on the west side of the Intracoastal which will have to be directional drilled and involves extending that transmission lane on the barrier island along a particular route from north of Atlantic Avenue to Beach Drive and then putting all of the distribution lines out into the streets to connect people to the irrigation system. He stated because of the time constraints that we have on this project that are attached to the South Florida Water Management District (SFWMD) $1.1 million grant, the City must have all of this work substantially complete by the end of August in order to preserve that reimbursable grant. Mr. Hasko stated because of the relatively large scope of the contract staff split this up into three contracts; contract ane was the pump station, contract two was the large transmission main between the pump station and the Intracoastal waterway, and contract three is all of the work on the barrier island with the transmission main going up Andrews Avenue and then all the distribution lines going out to the side. Prior to making those contract splits, staff had the service authorization and design contract with Mathews Consulting (Engineer for the project) and based on our preliminary pipeline alignment they had numbers in their proposal for utility locations for potholes to try and locate existing facilities that staff thought they were going to have to cross for design purposes. Based on the preliminary alignment an the barrier island side they were estimating about 20 potholes. Mr. Hasko stated when they split up the contracts they went through each contract and finalized the alignments. He stated Mathews Consulting then went out and did another field inspection to make sure that he had all of his potential conflict points covered and with the final alignment he determined that he needed another 39 potholes to make sure that we were going to be able to avoid any potential conflicts with existing -7- 03/17/09 facilities. Mr. Hasko stated staff received a proposal from Matthews Consulting a few weeks ago. Staff explained to him that he should not proceed with the work until the City gives him the authorization because there is the potential that it would not be approved by the- City Commission. Understanding that and wanting to maintain the schedule for the design plans that led up to the bidding schedule and the ultimate construction schedule he went ahead with the work at his own risk. Staff recommends approval for payment far that work because had the Engineer not done the additional research and field work to locate the potential existing conflicts, the potential change order costs that result from those unforeseen conditions that staff would not have known about, could far exceed these additional costs. Mr. McDuffie inquired about the potholes. Mr. Hasko stated if they know where we have water mains and sewer mains they will locate them horizontally but then they have to find them vertically because we are working in three dimensions. He stated they have to go out and dig over the pipe location and measure down to the crown of the pipe so that they know vertically where it is and so that when they are putting the new pipe in they can go over it or under it. Mr. Hasko stated they are done for alignment and design purposes (vertical and horizontal). The City Manager stated it is the hole you dig to see how deep the pipe is. Mr. Bernard stated he does believe that we need to move on with this project but tonight he cannot vote to approve for the person to just do the work and all of a sudden the City is stuck with a bill. He stated he does not know how many times someone is just going to go ahead and do the work and now the City is left with a bill to pay. Mr. Bernard expressed concern that a person can say we'll just do the work and the City Commission will approve it. Therefore, Mr. Bernard stated he will not support it. Mr. Eliopoulos asked if we are on track with this project. Mr. Hasko stated staff is barely on schedule because it was a very tight schedule to begin with. He stated staff got a late start for a variety of reasons and things that we were ironing out with the consulting contract. Mr. Hasko stated right now the City is on schedule to meet that deadline but any delays that staff experiences in this project are very critical. Mr. Eliopoulos asked if there is a penalty clause within the consulting contract. Mr. Hasko stated there is no penalty clause in the consulting contract and noted that in the bid specifications for the construction contract we have both hefty penalty clauses for a late finish and a reward clause for an early finish. Mr. Eliopoulos expressed concern over the reward clause. Mr. Hasko clarified that the reward clause or the penalty clause are not in the consulting contract but they are in the bid specifications for the construction contract. He stated this is sub-consultant fee for the additional subsurface soilest work that was necessary for the design work. Mr. McDuff e moved to approve Item 9.A.A.A.A. (f©rmerly Item 8.C.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr. McDuffie -Yes; Mr. Bernard - No; Mayor Ellis -Yes; Mr. Eliopoulos Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. -S- 03/17/09 9.A.A.A.A.A. SERVICE AUTHORIZATION NO. d7-ld/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-10 in the amount of $49,221.00 to Mathews Consulting, Inc. for professional construction management services for the construction of the Arca 1 lA Reclaimed Water Transmission system and Distribution system serving the Barrier Island. Funding is available from 441-5181-536- 65.9b (Water & Sewer FundlOther Improvements/Reclaimed Water Transmission), Richard Hasko, Director of Environmental Services, stated this is a request for Service Authorization with Mathews Consulting for the remainder of the Reclaimed Water Area 11A Project for the construction administration and construction services that they will provide to us. Mr. Hasko stated the Commission approved a similar contract with them for Contract 1 which was for the modifications to the pump station. He stated that number was a little higher because of the additional effort that staff needed from the consultant because of the limitations on our own in-house inspection staff for that kind of work. Mr. Hasko stated this number is for the remainder of the contract for contracts 2 and 3, and it provides inspection services and additional services for shop drawings and essentially all of the services that the project engineer will need to see as this pipe goes into the ground that will give him the ability to certify the construction when he is finished. Mr. Hasko stated the reason that we need consulting services for the construction administration portion of this project is because of the combination of the limitations of staff in terms of availability of time, human resources, and the extent of the contract. Mr. Eliopoulos asked if that number was already in their original contract or did they just generate this number now as per staff's request. Mr. Hasko stated he does not believe it was stated in the original contract. Mr. Eliopoulos requested that we always have it in the contract. Mr. Hasko stated staff is making sure that they do that now and noted that this original contract preceded that request. He stated because of the estimated value of this job and if you totaled up all the consulting costs on this project to date which would include the two additions tonight, the percentage of construction is approximately 11 ~/z percent. Therefore, Mr. Hasko stated for the level of services that the City is getting from them on this project it is well within what you may consider a normal percentage of construction costs. Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A. (formerly Item 8.D.}, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.A.A. FOURTH AMENDMENT TO PARKING SPACE LEASE AGREEMENTIOXFORD BUSINESS CORPORATION: Approve the Fourth Amendment to Parking Space Lease Agreement with Oxford Business Corporation to include insurance provisions and clarify the tenant's share of expenses. -9- 03/17/09 The City Attorney stated this is the fourth amendment to a lease agreement for the Robert Federspiel Parking Garage. She stated staff clarified some insurance terms in this contract and also clarified what their participation is for operating expenses. Mr. Eliopoulos stated he requested to remove this item from the Consent Agenda because Block 77 Development Group was the actual builder of the garage and there are some ongoing warranties with them. Mr. Eliopoulos declared a conflict of interest and stated he is actually the architect on another project. Mayor Ellis. stated there was an issue with the warranty and asked what the status is on the warranty. The City Attorney stated staff got the guaranty extended so as far as she lmows things are okay right now. Mr. Fetzer moved to approve Item 9.A.A.A.A.A.A. (formerly Item $.H.), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTYONS (ITEM S.L.D.I. Mr. Eliopoulos stated this is for Atlantic Plaza II (Item 8.L.D.) and he is requesting to have this appealed from the Site Plan Review and Appearance Board (SPRAB}. Mr. Eliopoulos moved to appeal Site Plan Review and Appearance Board Item 8.L.D., Atlantic Plaza II, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a S to 0 vote. 9.A. PARHING LICENSE AGREEMENTICUT 432: Consider approval of a parking license agreement with Cut 432 Steakhouse to establish a parking valet queue on the west side of S.E. 4tn Avenue south of Atlantic Avenue. Scott Aronson, Parking Management Specialist, stated Cut 432 is located on the 400 block of East Atlantic Avenue and has requested the establishment of a valet parking queue. Mr. Aronson stated this request is to be located on S.E. 4th Avenue on the west side and is approximately 2S feet south of Atlantic Avenue. He stated this is a modified request and the original request was to be on Atlantic Avenue on the south side of the street in front of the restaurant. Mr. Aronson stated there is an existing valet queue on the north side of the street directly across from where their queue would have been Mr. Aronson stated staff did not support the request nor did the Board at the December 16, 2008 meeting when the request was originally made. During those deliberations, it was suggested that modifying the request to S.W. 4th Avenue may garner better support. Mr. Aronson stated there were some challenges that were remembered from the Sapra queue which is on S.E. 2"d Avenue immediately south of the intersection and when the queue is full as people try to make the turn especially westbound they would get caught -10- 03/17/09 in traffic thereby stopping all traffic in all directions. Staff has discussed this with the applicant and that problem has been resolved with the Sapra queue in making sure that the proper staffing levels are maintained at the valet queue at all times. Mr. Aronson stated the applicant is aware that if the queue is approved that they need to maintain those levels, that the queue would be monitored for making sure that the traffic maintains a smooth flow through the intersection and if not, is aware that the valet parking license agreement could be terminated if they do not keep those levels and that traffic is impinged going through the intersection. Staff recommends approval because the queue would be a benefit for the GAL Taste of Brazil when it was full. Traffic now has to go down past the tracks and this would be a second queue on the east side of the tracks. He stated if the Taste of Brazil queue is full, traffic has to go across the tracks and make u- turns to get to the next available queue on the south side. Therefore, people would be able to make a left turn to get to this valet queue. Mr. Aronson stated he has spoken with twa nearby parking lot owners as the agreement notes that they have to have private lots to park in. He stated they have one parking lot up the block that has 30 parking spaces for them and they have a second parking lot reserved that is located on S.E. 5th Avenue. Mr. Aronson stated the parking lots are in place and their insurances with the valet will be in place as well. Staff recommends approval. Mr. Eliopoulos inquired about pulling up directly in front of Cut 432 Steakhouse and asked how this is going to work. Mr. Aronson stated they are going to try and allow signage and possibly put a sleeve in the landscape node and have them put a pole sign into a sleeve so it will be removed each night. Mr. Aronson stated staff is hoping to do this with an A-frame sign because if it is out in front of the queue they would not really get any visibility. He stated staff will try to work something out with signage so that it is not out there constantly. Mr. Eliopoulos stated with the economic times that we are in he thinks it is important to try and help out anyway we can. He stated this was a good resolution that staff came up with. Mr. Aronson stated this will help with their marketing and advertising. Mr. Fetzer moved to approve the Parking License Agreement with Cut 432 with the understanding that the agreement may be canceled with na further action if traffic problems due to the queue are not corrected following notice, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9~B. TffiS ITEM HAS BEEN POSTPONED. 9.C. RESOLUTION NO. 13-09 (SETTING PUBLIC HEARING DATE FOR S.W. Soh AVENUE SPECIAL ASSESSMENT DISTRICT :Consider approval of a resolution setting the public hearing date for consideration of the S.W. 8th Avenue Special Assessment District final assessment roll. The caption of Resolution No. 13-09 is as follows: -11- 03/17/09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE S.W. 8TH AVENUE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. office.) {The official copy of Resolution No. 13-09 is on fle in the City Clerk's Brian Shutt, Assistant City Attorney, stated this resolution is to set a public hearing date for May 5, 2009 for the final assessment roll for S.W. 8th Avenue. Mr. Shutt stated the special assessment amount is being reduced because the original estimated cost is approximately $206,000.00 and the cost came in at a 52% reduction. Therefore, staff recommends that the special assessment to the property owners be reduced in a like manner. Mr. Eliopoulos moved to approve Resolution No. 13-09 setting a Public Hearing date of May 5, 2009 for the S.W. 8th Avenue Special Assessment District, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - No; Mayor Ellis--Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. At this paint, the time being 7:04 p.m., the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 10-09: Consider an ordinance which modifies the Marina Historic District boundaries to remove twelve (12) properties as recommended by the Marina Historic District resurvey. 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. 10-09 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 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L}, "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION {2}, -12- 03/17/09 "MARINA", TO PROVIDE FOR THE REMOVAL OF CERTAIN PROPERTIES WITHIN THE MARINA HISTORIC DISTRICT AND AMENDING THE MARINA HISTORIC DISTRICT BOUNDARIES; PROVIDING FOR A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-09 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. Paul Dorling, Director of Planning and Zoning, stated this ordinance modifies the Marina Historic District boundaries which results in the removal of 12 properties. This is a result of a survey of the marina district and the findings in that survey indicated that certain areas had been adversely affected by the scale of new construction along the Intracoastal, Mr. Dorling stated the recommendation in the report was that these 12 properties be removed from the district and the district boundary lines in the LDR's be modified. At its meeting of February 18, 2009, the Historic Preservation Board (HPB} recommended approval with a vote of 5 to 0; at its meeting of February 23, 2009, the Planning and Zoning Board recommended approval with a vote of 7 to 0. Mayor E11is declared the public hearing open. Matthew Grabham 350 S.E. 7{" Avenue Delra Beach stated removing them from the district will actually increase the percentage of contributing properties in the district anal help the remainder of the district become eligible for a National Registration. Mr. Grabham stated it will take out the larger properties so they cannot be used as a basis for comparison for new development within the rezx~aining historic district. He stated it will allow for the Historic Preservation Board {HPB} and staff to concentrate on the real historic properties. Mr. Grabham stated the situation should not arise again given the new ordinances that are in place regarding the new guidelines for construction and the penalties against neglect of historic structures. He urged the Commission to support this ordinance. Eric Price, 340 S.E. 7#"_ Avenue, Defray Beach, thanked Amy Alvarez, Paul Dorling, the Planning and Zoning Board, the Historic Preservation Board, and the City Commission for recognizing that this is a solution that makes sense for not only those that live in the area that they are proposing to remove but also for those in the northern blocks and allow the City and HPB to strengthen the fabric of the historic district. Mr. Price urged the Commission to support this ordinance. -13- 03/17/09 There being no one else from the public who wished to address the Commission regarding Ordinance No. 10-09, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 10-09 on Second and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 13-09 (FIRST READING/FIRST PUBLIC HEARINGI: Consideration of an ordinance, providing for acceptance of the resurvey report of Nassau Street Historic District including extending the period of significance to 1964 and reclassifying five (5) properties from non-contributing to contributing. If passed, a second public hearing will be held on Apri17, 2009. The caption of Ordinance No. 13-09 is as follows: off ce.) AN ORDINANCE OF-THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF NASSAU STREET HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1964 AND RECLASSIFYING 5 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-09 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. Paul Dorling, Director of Planning and Zoning, stated this ordinance will implement the recommendations of the Nassau Street Historic District resurvey which includes the expansion of the Period of Significance to 1964 and reclassification of five properties. Mr. Dorling stated this will also correct the district's name from Nassau Street Historic District to Nassau Park Historic District. All of these recommendations were included in the survey recently completed by RJ Heisenbottle Architects, Inc. that was recently completed again in January 2009. One of the recommendations also included a listing of the district on the National Register of Historic Places (NRHP) and that process will be underway shortly and will be back before the Commission for that recommendation. At its meeting of March 9, 2009, the Historic Preservation Board voted 6 to 0 for recommendation of approval. -14- 03/17/09 Mayor Ellis declared the public hearing open. There being na one from the public who wished to address the Commission regarding Ordinance No. 13-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 13-09 on First ReadinglFirst Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.C. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT CDBG ANNUAL ACTION PLAN FY 2047- 2008: Approve an Amendment to the Community Development Block Grant (CDBG) FY 2007-2008 Annual Action flan to include $100,000.00 toward fiinding Public Facilities and Improvements located within the CDBG target area. Funding is available from 118-1963- 554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). Lula Butler, Director of Community Improvement, stated this is a request to amend the City's Annual Action Plan for fiscal year 2007-2008. The proposed amendment will reallocate $100,000 from the Housing Rehabilitation line item into Infrastructure Improvements. Mrs. Butler stated the U.S. Department of Housing and Urban Development (Hi.7D) requires that the City hold a public hearing and that we advertise fora 30 day period so that we give our citizens time to comment on such a significant change. She stated that per the City's policies and procedures any time staff moves more than $25,000.00 out of one line item it is a substantial change. Mrs. Butler stated these dollars will be used to support infrastructure improvements in the Southwest section and the City will fund a portion of the infrastructure improvements that assists with the Southwest 14th Avenue project because this enables the City to be able to reduce the cost of the homes that are going to be sold by the Community Land Trust (CLT). She stated the City published its advertisement on February 15th for 30 days anal staff has not received any comments. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding the amendment to the Community Development Block Grant (CDBG} Annual Action Plan for fiscal year 2007- 2008, the public hearing was closed. Mr. Bernard moved to approve the amendment to the Community Development Black Grant (CDBG} Annual Action Plan for fiscal year 2007-2008, seconded by Mr. Eliopoulos. Upon roil call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuff e -Yes; Mr. Bernard - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 12-09: Consider a city initiated ordinance amending Section 112.28, "Disconnection of Alarm System", to provide for a Iimited response to alarm systems; amending Section 112.29, "Appeal" to remove all references to disconnecting; repealing Sections 112.30, "Failure to Disconnect or Unauthorized Reconnection of Alarm System" and 112.31, "Reconnection of Alarm Systems" in their -15- 03/17/09 entirety; and Amending Section 112.51, "Enforcement through Code Enforcement Board", to provide for enforcement through civil citation. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to beheld at this time. The caption of Ordinance No. i 2-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 112.28, "DISCONNECTION OF ALARM SYSTEM", TO PROVIDE FOR A LIMITED RESPONSE TO ALARM SYSTEMS; AMENDING SECTION 112.29, "APPEAL" TO REMOVE ALL REFERENCES TO DISCONNECTING; REPEALING SECTIONS 112.30, "FAILURE TO DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM SYSTEM" AND 112.31, "RECONNECTION OF ALARM SYSTEMS" IN THEIR ENTIRETY; AND AMENDING SECTION 112.51, "ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD", TO PROVIDE FOR ENFORCEMENT THROUGH CIVIL CITATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTNE DATE. (The official copy of Ordinance No. 12-09 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 ordinance provides a provision for a limited response for various violations including failure to register the alarm within thirty {30) days of false alarm, failure to provide a written Affidavit of Service/Repair within thirty (30) days of false alarm, failure to pay response fees for false alarms, where such fees are overdue by more than one hundred twenty (120) days; or failure to appear within thirty (30) minutes of notice to respond, if such failure has occurred four {4} or mare times within a registration period. Ms. Pyburn stated there is also a provision that allows for enforcement via civil citation with appeals to be heard through the City's Hearing Officer as opposed to just the Code Enforcement Board. The City Attorney's Office, Police Department and Community Improvement Department met and decided that this would be a good way to deal with false alarms. Ms. Pyburn stated attached to the Agenda item is a copy of the Notice of False Alarm that will go out to each person who has a false alarm violation and also a copy of the Notice of Overdue Alarm Fees for those people that have alarm fees that are overdue by 120 days and who -16- 03/17/09 do not necessarily have a currently active alarm system. Mayor Ellis inquired about the level of false alarms. Ms. Pyburn stated if somebody sets the alarm by accident and it happens repetitively then they will be put on limited response. Furthermore, Ms. Pyburn explained when you have negligent alarm owners who are allowing their alarms to continuously emit false alarms and they are not really taking care of them or f ring them, the Police and Fire go out to respond but since there is really nothing happening, it is wasting their time. Ms. Pyburn clarified that the Police Department in any event will continue to respond to crimes in progress, panic button calls, silent alarm calls and calls from persons on-site reporting a crime. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 12-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 12-09 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.E. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. At this point, the time being 7:1 S p.m., the Commission moved to Item 11, Comments and Inquiries on Non_Agenda Items from the City Manager and the Public. 11.A. Cit Mana er's res onse to riot ublic comments and in uiries. The City Manager stated the VFW attended the last City Commission Meeting concerned still over the handicapped parking. The City is in the process of converting some of the parallel spaces in front of the VFW building so that they will have those available to them. Secondly, Mr. Hawke had expressed concern about homeowners with hardships accumulating code enforcement liens and what can be done about it. The City Manager stated Lula Butler, Director of Community Improvement, met with Mr. Hawke and explained that most of the City's referrals to the Bootstrap Program and other programs for home repairs come through the Code Enforcement off ce. They do that before they ever go before the Cade Enforcement Board and if they go before the Board there is some other issue involved. Staff does not feel it is appropriate for a quasi judicial board to get involved in that aspect of it. However, staff is very sensitive to that and the City tries to work with homeowners on that particular problem. 11. From the Public. -17- 03/17/09 11.B.1. Pauline Mood 609 S.W. 8r~' Avenue Delra Beach corramented about Atlantic Avenue from S.W. 7t Avenue going west to Congress Avenue and asked who is responsible for overseeing the construction work that has been going on in this area. The City Manager stated the Florida Department of Transportation is overseeing this project. 1.1.B.2. Michael Weiner 10 S.E, ls' Avenue Delra Beach stated on March 3, 2009 with respect to the discussion of the towing and storage contract, during the period of time and discussion and after February 27, 2009 at which there was a bid protest, the City of Delray Beach continued to use Westway Towing with respect to City vehicles. Mr. Weiner stated that tractor wheeled vehicles were towed in that period of time by Westway and the City continues to pay for them. He stated the question becomes what are we going to do in the future and that was one if not all of the issues raised by the City Commission in the discussions on March 3, 2009. Mr. Weiner stated in the future the City is going to have to continue to use Westway ar another alternative company even though the City's bidding procedure said that all City vehicles were going to be towed for free. Mr. Weiner stated if the bid has already been awarded and there is nothing else the City can do, he does not understand what the Commission's expressions on March 3, 2009 meant and does not know why it is that they have to continue with a contract that cannot be performed. Mr. Weiner stated considering the fact of what the Commission said at the meeting of March 3, 2009 and considering the fact that the contract cannot be performed and that vehicles cannot be towed for free, he feels it should have been on the Agenda tonight and that his client reserves all rights. Mr. Weiner stated the meeting is not over and the Commission has a chance to consider it now and if the Commission does not consider it now, they believe that the continued violation of the contract (not towing things for free) means that at anytime the Commission can reconsider this contract. 11.B.3. Steve Beck, Beck's Tawin~ {current, and past contract hold,er), stated he does tow City vehicles for free and what Mr. Weiner is referring to are vehicles outside of the City and noted they get a mileage fee towed back into the City. Mr. Beck stated if his company was so inadequate for the five years that he had the contract, he never would have been awarded the contract again. He stated there is nothing that his company has not done that the City has asked him to do. 11.B.4. Alice Frost, 707 Place Tavan#, Delray Beach, stated last night she attended the Planning and Zoning Board Meeting where there was a presentation of a project known as Bellantica Gardens at the Four Corners. Mrs. First stated this project is a 298 unit six story with seven story garage. She expressed that there was no meeting sign posted on this property although not required by Code, as a courtesy to resident property owners in this area surrounding the four corners. Mrs. First requested that if any activity is being considered by the City in this area that a notice sign be put up. She stated a concern of the Planning and Zoning Board about the project was that this was not the image that everyone expected for the Four Corners area yet the project was created using City Codes. Mrs. First asked what can be done to create appropriate design so that we don't have these things taming out in the four corners areas that do not match up with -18- 03/17/09 everybody's expectations. She stated another concern is that there are not any pictures or PowerPoint to show connections to adjacent properties and impact on road and traffic in the area. She stated an acquaintance suggested that the City might require a program called Google Sketch-up seven 3-D models. Mrs. Finst stated what was hoped was that when you see the project you can see what everybody else will see espdcially in this case from the Hamlet, Sherwood Forest and particularly Whatley Road. She stated aseven- story building over those houses on Whatley Road is a bit much and feels it would have been a lot easier to understand what was going on if people could have seen the project and get the perspective of how the traffic is going to come put of that and circle through the area. Mrs. Finst urged the Commission to listen to the Planning and Zoning Meeting of Monday, March 16, 2009 or read the notes of the Bellantica Gardens at the Four Corners and form their own opinion on what should be happening at the Four Corners and particularly look at the project plans. She stated the Planning and Zoning Board sent this project back to drawing board. 11.B.5. Jane Fields, 31.9 S.E. 7th Avenue,_De1raY BeachT commented about the round-a-bouts in Delray Beach and stated she does not feel the majority of people know what to do in the round-a-bout. Ms. Fields stated she has her IJK license and knows what to do but suggested that something be put on the water bills to educate people about the round-a-bouts. She stated her son is getting his driver's license and noted that there is not anything in the driver's book about what to do in a round-a-bout. Ms. Fields stated she has witnessed so many times where there has almost been a very bad accident and commented that someone was just killed in Parkland in a round-a-bout. She stated she likes the round-a-bout better than afour-way stop but people do not know what to do in a round-a-bout. Ms. Fields stated this is something to think about as we are planning things for the City and as the City installs more of these round-a-bouts. With regard to the towing contract, Mr. McDuffie stated he had asked for time to review and he feels it should have been mentioned at that time that the City was bound by contract at that time and there was no further review that could have been done. At this point, the time being 7:34 p.m., the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. THE PLASTRIDGE AGENCY INC.ICANCEL/REWRITE OF PROPERTY AND CASUALTY INSURANCE: Consider a proposal to cancel and rewrite major property and casualty insurance policies for the City for the period April 1, 2009 thru September 30, 2010. Funding is available from 551-1575-591-45.30 (Insurance Fund/Insurance/ Boiler & Mach Premium), 551-1575-591-45.31 {Insurance Fund/Insurance/Package Policy Premium), 551-1575-591-45.33 {Insurance Fund/Insurance/Excess Property Premium) and 551-1575-591-45.34 (Insurance Fund/Insurance/ Fidelity/Performance Band}. Frank Babin, Risk Manager, stated the Plastridge Agency will propose a cancellation of the current major property insurance coverages effective April 1, 2009 and rewrite under the Florida Municipal Insurance Trust (EMIT). -19- 03/17/09 Peter Arts Plastrid a Insurauce stated the Plastridge Insurance Agency responded to the City of Delray Beach RFP 2008-48 to provide insurance services to the City of Delray Beach. On September 3, 200$ the City Commission voted to choose Plastridge Insurance Agency as their insurance services broker. Mr. Arts stated subsequent to that appointment, the Plastridge Insurance Agency has marketed and successfully placed several expiring policies including the railroad liability policy, the banner and parking lot policy required by Florida, Power & Light, and General Employees Pension Fund Fiduciary Liability Policy. Mr. Arts stated they have had several meetings with Mr. Babin and his staff to coordinate the replacement of the necessary coverages and have met with the City Attorney and staff He stated in evaluating the current coverage it is noted that the primary package policy expires on April 1, 2009 and this policy includes the City's primary workers' compensation, and primary general and auto liability coverages. Mr. Arts stated currently the City's insurance is placed with multiple carriers with different layered limits, different cancellation penalties, and varied expiration dates. He stated their program will replace the City's property, auto physical damage, workers' compensation, and general and auto liability coverages mostly with the same carrier with a common inception date {April 1, 2009 -September 30, 2010). This policy will be placed with the Florida Municipal Insurance Trust {FMIT) and the Florida League of Cities is the administrator of the FMIT and currently insures over 600 members in the State of Florida. Mr. Arts stated for the 18 month term beginning April 1, 2009 the FMIT premium for all coverages will be $2,384,052.00 which works out to $132,447.00 per month. He stated this allows the City to pay quarterly as opposed to paying all up front. Mr. Arts stated the City is paying $161,250.00 on a monthly basis for the current policy. The difference in savings is $28,803.00 per month ar on an annual basis $345,636.00. Mr. Arts stated the FMIT is going to insure the full $179,000,000.00 of property coverage for the City of Delray Beach. He stated the City will have a liability limit of $5,000,000.00 per occurrence with no aggregate limit. The City's deductible will be reduced from $500,000.00 per occurrence to $400,000.00 therefore saving the City $100,000.00. Mr. Arts stated their program has a 5% wind deductible per location on the damaged building. Mr. Arts recommends that the City transition into this program an April 1, 2049 and stated this locks the rate in for 18 months. He stated with the overall savings of several hundred thousand dollars, a lower risk retention, greater property and liability limits, for the City to take advantage and lock- these rates in to protect them through the next two hurricane seasons. The City Attorney stated there have been some emails going back and forth today and as far as regard to general liability, the League insurance will be a little more involved in selecting outside counsel although they have indicated that they will work with the City, She stated staff has not seen what the language will look like exactly. The City Attorney stated they would have a say in settlements and other things are reporting requirements that may put some excess reporting responsibility on either the City Attorney's office or Risk Management. Staff is working out those issues. Mr. McDuffie stated that we have something unresolved at this paint which is the terms and conditions based upon outside counsel, etc. The City Attorney -20- 03/17/09 __ __ stated there is not a lot of time left and while they might have emails going back and forth, the contract language is what controls. Mr. Arts stated in the end the City still has coverage. He stated what is unique about Delray Beach is that we have a very able City Attorney's office who has settled claims in the past and based on that the League has agreed that they will let the City Attorney's office settle those claims. Mr. Arts stated they have gone back and forth with a couple of emails but he feels that the threshold of being able to settle claims that are below 50% of the City's self-insured retention {SIR) which is $400,000.00. So, any claim that is going to be approaching $200,000.00 they would like to know about it. Mr. Arts stated they have re-insurance carriers require notification on a timely basis of claims that are out there. He stated in the end he does not think the City wants to settle all the claims that are going to approach the SIIt but the League will let the City settle those claims. Mr. Arts stated he would be happy to work with the City Attorney to clarify language to her satisfaction in order to move this forward. Mr. Babin stated there are benefits going with the Florida Municipal Insurance Trust (EMIT) and noted that there is a premium savings, there is a reduced self insured retention, and noted that the Medical Director of EMS Services could now be covered under EMIT. Mr. Babin stated although there are good benefits, there are also limitations and restrictions. He stated overall it is a good program and a big cast savings. Mr. Bernard stated asked if the City has any other vendors to compare EMIT to. The City Attorney stated the City actually had a bidding process and there was quite a selection of people bidding. Mr. Eliopoulos stated there is a cost savings but there is also a penalty clause anal asked the City Manager to go over the numbers that we are dealing with. The City Manager stated if you did a straight pro rata adjustment with the City's current coverage and then you see what the City is actually getting back, the return premium is $193,$50.00. He stated the difference between what the City would pay for two months of premium versus the $193,850.00 is $147,023.00. The City Manager stated that is the additional cost the City is paying because of cancelling early. The City Attorney stated it says that the City can settle amounts below the $200,000.00 threshold which is the half-way mark. Brandon L nch Plastrid a Insurance stated in addition they are saying that they cannot obligate the EMIT to any settlement. Mr. Lynch stated the amount is actually $400,000.00 not $200,000.04. Mr. McDuffie moved to approve the Plastridge/Florida Municipal Insurance Trust (EMIT) insurance proposal to cancel/rewrite the City's major property and casualty insurance {including workers' compensation) pending formal commitments by EMIT through Plastridge to provide coverage that meets the approval of Human ResourcesCRisk Management and the City Attorney, seconded by Mr. Bernard. Upon roll -21- 03/17/09 call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -- Yes; Mr. Bernard -Yes; Mayor Ellis--Yes; Mr. Eliopaulos -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT OF OUTSIDE COUNSELIKARLECKE v. CITY OF DELRAY BEACH: Consider approval to appoint Fred Gelston, Esq., as outside counsel in the case of Steven Karlecke v. City of Delray Beach. The City Attorney stated due to a conflict Cathy Kozol was representing the City of Delray Beach. However, the plaintiff has listed Catherine M. Kozol as a prospective witness to custom, policy and procedure of the Police Department. Thus, there is a potential conflict to the City Attorney's Office from Ms. Kozo1's representation since she is a potential witness to an element of Karlecke's allegations. Due to this conflict, the City Attorney's office feels it would be in the best interests of the City to hire outside counsel for this litigation so as to avoid a conflict situation. The City Attorney's office recommends Fred Gelston be appointed as outside counsel. Mr. Eliopoulas moved to approve to appoint Fred Gelston, Esq. as outside counsel in the case of Steven Karlecke v. City of Delray Beach, seconded by Mr. Fetzer. Upon roll call the Caminission voted as follows: Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor E11is -Yes; Mr. Eliapoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis {Seat #5). Mayor Ellis stated because this is her last meeting she does not feel it is proper for her to make these appointments. Therefore, Mayor Ellis stated she would like to defer all her appointments to Apri17, 2009 and all her appointments will come back to the Commission at the next meeting for the next Commissioner on the list to handle. 9.G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one {1}regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010. Based upon the rotation system, the appointment recommendation will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she would like to defer her appointment to the next regular meeting of April 7, 2009. 9.H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three {3} regular members and two (2) alternate members to the Nuisance Abatement Board for two {2) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie {Seat #3}, Commissioner -22- 03/17/09 Bernard {Seat #4) and Mayor Ellis (Seat #5}. Mr. Eliopoulos moved to reappoint Leonard Esptien as an alternate member to the Nuisance Abatement Board for a two {2} year term ending July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint Philip Friedman as a regular member to the Nuisance Abatement Board for a two (2} year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to reappoint Arline Sherman as a regular member to the Nuisance Abatement Board for a two {2} year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos ----Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Annie Adkins-Roof as a regular member to the Nuisance Abatement Board for a two (2} year term ending July 31, 2011, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard --- Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis stated she would like to defer her appointment to the regular meeting of Apri17, 2009. 9_I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one {1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Jason Feldman as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie - Yes; Mr. Bernard -- Yes; Mayor E11is -Yes; Mr. Eliopoulos -Yes; Mr, Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9_.I. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1}regular member to the Police & Firefighters Retirement System Board of Trustees to serve a two (2) year term ending on April 22, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis. stated she would like to defer her appointment to the regular meeting of April 7, 2009. - 23 - 03/17/09 9.K. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board to a two (2) year term ending April 1, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she would like to defer her appointment to the regular meeting of Apri17, 2009. 9.L. CONTRACT AWARD/FLORIDA HIGHWAY PRODUCTS: Contract award to Florida Highway Products, Inc. in the amount of $196,292.85 for microsurface paving of existing city roads. Funding is available from 334-3162-541-61.17 {General Construction FundlCapital Outlay/Street Reconstruction}. Richard Hasko, Director of Environmental Services, stated this is a contract award to Florida Highway Products, Inc, and noted this is the City's annual resurfacing program. Mr. Hasko stated they have done some research into a relatively new process called microsurfacing. He stated the City of West Palm Beach has used this for a few years and the City of Boynton Beach has piggybacked West Palm's contract in the last year or two. Mr. Hasko stated it has been very successful in those cities and is a process that is significantly less expensive and gives almost an equivalent additional lifespan on the roadway. He stated this is much more convenient in terms of reduced impacts to traffic because you can open the road up to traffic immediately after the process is done. Mr. Hasko stated one of the roadway segments that are included in this contract is essentially Atlantic Avenue from Swinton Avenue to 5th. He stated this is not being proposed for structural purposes but this is mare cosmetic to make what FDOT is doing match. Mr. Hasko stated that part of the scope could be deleted from this contract and the resulting fiends could be spent in other areas or we could add other segments for that value in different parts of town that are in mare need of resurfacing than Atlantic Avenue. He stated this amounts to approximately $28,000.00 for the stretch of Atlantic Avenue. Mr. Hasko stated former estimates for just this segment of Atlantic Avenue are around $100,000.00. Mr. Eliopoulos stated he would like to see a list of where else the City could use the $28,000.00 where it is more appropriate. Mr. Hasko stated what Mr. Eliopoulos is referring to is resurfacing other street segments rather than re-diverting that to different projects. Mr. Fetzer inquired if this is built off a priority list. Mr. Hasko stated the priorities are based on the City's roadway condition atlas which is updated on an annual basis. Mr. Fetzer concurred with comments expressed by Mr. Eliapoulos. Mayor Ellis inquired about the life span of this new procedure. In response, Mr. Hasko stated this is good for 10-12 years and the savings is substantial. Mr. Hasko stated the microsurfacing cost is $3.59 per square yard while typical resurfacing is $6.35 per square yard. -24- 03/17/09 Mr. Eliopoulos asked if the bidding was done in October. Mr. Hasko stated the contract that the City of Delray Beach is piggybacking on was a competitive bid and it was awarded in October and noted that it is a recent competitive bid. Mr. Fetzer moved to approve the Contract Award to Florida Highway Products, Inc. with the caveat to reprioritize the paving on Atlantic Avenue from Swinton Avenue to 5th, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.M. FIRE STATION NO. 21TEMPORARY STAFFING: Approve the redeployment of personnel assigned to Fire Station No. 2. Fire Chief David James congratulated Commissioner McDuffie and Commissioner Eliopoulos on the election. In addition, he wished Mayor Ellis the best in all her future endeavors. Chief James sfated he is seeking approval to implement a temporary staffing plan for Fire Station No. 2 located at 35 Andrews Avenue. He stated the plan would temporarily remove the rescue unit and transfer these individuals to the two person engine company. Chief James sfated the Fire-Rescue Department has been seeking personnel increases on fire suppression units since 2001 and progress has been made in that regard. He stated those requests as well as this request was and is intended to address a long standing issue both in terms of individual operating unit effectiveness, firefighter safety, and the safety of the public. Chief James stated this request is also intended to address issues associated with deployment flexibility and service equity. He stated for the past several years, prior to his appointment, requests to increase staffing on the remaining two person engine company has been unsuccessful. Chief James stated issues of fire fighter safety and individual units operating effectiveness continue to be of the highest concern. Chief James stated shortly after his appointment as Fire-Rescue Chief, at the City Manager's request, he prepared an assessment of the department and presented to him four priorities he felt were critical to enhancing the overall effectiveness of the organization. He stated the number one priority he listed is increasing the staffing on Engine 2. Chief James stated he had been made aware of a previous incident that occurred with Engine 2 arriving first with only one person to initiate actions on a working fire. He stated that year they again requested funding to address the issue, however, due to budget constraints, they were not funded. He stated within a few months the Fire- Rescue Department responded to a fire in a home in the southwest section of the city. He stated the unit that responded was Engine 2 that was on a not so uncommon move up at the closest station to the incident Fire Station 1 (located at West Atlantic Avenue and N.W. Stn Avenue). Chief James stated those units were handling another call. Chief James stated it is critical that the Commission and the pubic understand the danger presented on this call arriving with only one person to expect rescue and no one to address a line with a rapidly growing f re. He stated this practice is not safe and is not allowed by the City's standard operating procedures as well as numerous State and National operated procedures. Chief James stated he would not expect for the firefighter - 25 - 03/17/09 not to go in to rescue someone even though the City's policies and procedures prohibit that type of action because it is so unsafe. Chief James stated he formed a committee to develop a temporary strategy until funding became available. He stated the committee was composed of operational management staff and the firefighters union. Chief James stated the request before the Commission is a result of the committee's work that he strongly endorses. Charles Stravino, Assistant Fire Chief, stated they have two personnel on the fire truck and two personnel an the rescue truck and they would redeploy the existing people at the station from -the rescue truck and move them over to the fire truck. He stated in doing that they would upgrade the fire truck to advanced life support which is the same certification that the rescue truck has. Mr. Stravino stated from a safety standpoint they do not lose any capability of what they currently have which is 11 advanced life support units in the city and this would maintain that standard. He stated what they do lose is the transport component but the tap priority at this point is firefighter safety as opposed to the transport. Mr. Stravino stated they have five additional transport units in the city which can more than cover the call activity and that is not necessarily as emergency oriented as the fire_rescue part of the firefighting job. He stated their top recommendation is to staff the fire truck with the three people and the ideal situation is to have three people on the frre truck and two people on the rescue truck as all the other zones in the city are staffed. He stated those recommendations have been unsuccessfiil and they also modified a proposal to rnrhere they came in with a reduced cast to do a peak staffing where they would keep the rescue truck in service about half the day and that was at a significantly less cost. Mr. Stravino stated they proposed that last year and this was turned down as well. Therefore, Mr. Stravino stated the fire-rescue department can no longer look at this as a budgetary item it has to become a safety item. Mayor Ellis stated this is a very creative solution to a very tough problem. Mr. Stravino stated that this is a temporary proposal and their ideal situation is to fmd the funding to support this. Mr. McDuffie stated it is his understanding that the fire-rescue department has to bring apparatus in from somewhere else to transport. Mr. Stravino stated as a call would be dispatched, they would be simultaneously dispatching a rescue far that transport type call. Chief James stated the engine company would be a fully certified paramedic unit and the protocols require them to take all the necessary treatment steps that are available to them on that call. He stated there will be enough time for the next closest rescue transport unit to arrive in the majority of the cases. Mr. McDuffie stated he would assume in most cases that it is several minutes after you arrive on the scene before you would actually get someone in the transport. Mr. Stravino stated most of their calls are on scene; however, the more advanced type of a call is the longer they are an scene with a patient to stabilize them and do all the invasive procedures {sometimes 20, 30, or 40 minutes). Mr. Stravino stated the backup to that transport unit getting to the scene -26- 03/17/09 should not be any mare than 4 or 5 minutes. Mr. James stated the only downside is not having a transport unit immediately available for a critically injured trauma patient. He stated the medical standards suggest what they call "scoop and run". This means you need to get the patient to the closest trauma center as soon as possible. However, with the responding immediately dispatching the closest rescue unit in that type of known situation there is still not a lot of time. Chief James stated for that particular zone the incidents of traumatic trauma are about 1 %. Mr. McDuffie thanked the fire-rescue department for a creative solution. Mr. Fetzer stated he met with Chief James and Mr. Stravino about meeting with the Beach Property Owners Association (BPOA} Board. Chief James confirmed that he will give a presentation to the BPOA Board on Thursday night. Mr. Eliopoulos thanked Chief James and Mr. Stravino for taming up with a temporary solution. Chief James stated they are looking to implement this plan April 1, 2009. Mr. Eliopoulos moved to approve Fire Station No.2lTexnporary Staffng, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes. Said motion. passed with a 5 to 0 vote. 9.N. THIS ITEM HAS BEEN MOVED UP ON THE REGULAR AGENDA AS ITEM 9.A.A. 12. FIRST READINGS: A. None At this point, the COmmisslOn moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND IN UIRIES ONNON-AGENDA ITEMS. 13.A. City Manager The City Manager apologized to Commissioner Bernard that he did not properly understand who he wanted to have here this evening. The City Manager stated he takes fii11 responsibility for that and he will ensure that everyone is present on April 7, 2009. 13.B. City Attorney The City Attorney stated it has been a pleasure serving with Mayor E11is as this is her last regular meeting. -27- 03/17/09 Secondly, she wished everyone a Happy St. Patrick's Day. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated the St, Patrick's Day Parade was wonderful and congratulated everyone who organized the parade. Secondly, Mr. McDuffie stated he attended the funeral of Ms. Wesley's daughter at St. John's Baptist Church in Boynton Beach. Mr. McDuffie stated this morning's Pahn Beach Post has an article on the Palm Beach County League of Cities Lobbyist Program. Mr. McDuffie stated he called to see if he could reach Jamie Titcomb; however, he is in Washington, D.C. Mr. McDuffie informed them that the City of Delray Beach would be very interested in leveraging what they do because the intent is to create the database and the registration through the Palm Beach County League of Cities and that we, as a member organization, would be able to leverage that for the City at reduced costs, reduced effort, and staffing in the City. Ellis. Lastly, Mr. McDuff e stated it has been a pleasure working with Mayor 13.C.2. Mr. Bernard Mr. Bernard stated in regards to comments expressed by Alice Finst in regards to the Four Corners, he feels we should work with the Community Improvement Department in terms of setting a meeting where the Commissioners can go out to the Four Corners area and meet with the homeowners associations {HOAs) in regards to the plans for the Four Corners area. He stated that way the Presidents of the HOAs can be aware of what is going on and other citizens who live in that area can also participate in terms of knowing what is happening out there. Secondly, Mr. Bernard thanked Mayor Ellis far the work she has done on the City Commission. 13.C.3. Mr. Fetzer Mr. Fetzer stated the Commission is set to have a meeting with Usher L. Brown on Monday, March 23, 2009 at 5:00 p.m. Mr. Fetzer stated he informed Mr. Brown instead of trying to mail the final report to the Commission to please scan it and email it. Mr. Fetzer stated as soon as he receives the report he will email it to the rest of the Commission. He expects to receive the report na later than Friday, March 20, 2009. Mr. Fetzer stated that Mr. Brown was trying to set up a meeting with Mary McCarty with her Attorney present; however, the US Attorney has not allowed that to happen due to the - 28 - 03/17/09 fact that the case has not gone to trial yet. Therefore, Mr. Fetzer stated that will not happen before the Commission receives the final report. However, Mr. Brown has indicated that he has met with the City's financial advisor and bond counsel and noted that his discussions with them were very helpful. Lastly, Mr. Fetzer wished Mayor Ellis the best and stated it has been a pleasure working with her. 13.C.4. Mr. Eliopoulos Mr. Eliopoulos concurs with comments expressed by Commissioner Bernard regarding the Four Corners. Secondly, he thanked Mr. Fetzer for working with the Fire~Rescue Department on Fire Station No. 2. Mr. Eliopoulos stated he spoke to the City Manager about maybe having the Police Chief come to the Commission with regards to a Workshop to inform the Commission of what is going on. He stated one of the things they used to do prior to him is that they would have a meeting once a month and review the map of Delray and all the activity that has been occurring and trace it. Mr. Eliopoulos stated this is now down to a weekly system where once a week they review every single thing that is going on in the city and they send it off to Boca, Boynton, and the Sherriff s Department to make sure that everyone is in the loop. He stated at the last meeting the Cify Attorney's office presented the Commission with some information regarding the towing contract. Mr. Eliopoulos stated he did not get a chance to read it but what was unique about what was presented was not only was there clear definition to vehicles but the company that is towing the City's heavy vehicles is a separate company. He stated the company that is protesting has three separate companies and has tried to protest it with all three companies. Mr. Eliopoulos stated staff did what they were supposed to do and stands by how the bid was awarded. Lastly, Mr. Eliopoulos stated Mayor Ellis has done a great job and it has been a pleasure working with her. 13.C.5. Mayor Ellis Mayor Ellis stated it has been great working with the Commission and noted she will be here for the Special Meeting on Monday, March 23, 2009 and for the Organizational Meeting on Thursday, March 26, 2009. There being no fiirther business, Mayor Ellis declared the meeting adjourned at 8:20 p.m. -29- 03/17/09 City Clerk ATTEST: MAYQR 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 March 17, 2009, which Minutes were formally approved and adopted by the City Commission on Apri17, 2009. ~. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set Earth above. -30- 03/17/09 ~ FORM $B MEMORANDUM OF VOTINO CONFLICT FOR COUNTY 1l1UN~CIPAL, AND OTHER LOCAL PUBLIC OFFICER LAST NAME-FIRST NAME-MIIIDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORr1Y, OR COMMITTEE ~liapaulas, Gaxy T'. Delray Beach City Comtai.ssion MAILING ADDRESS ~ ~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON ZQrj G`~D~' ~ $~5~1 BOi1.leVa:IC~ wtilGH 1 SERVE !S A UNIT OF: CITY OOUNTY CITY ^ COUNTY ^ OTHER I-OCA(_ RGENCY Delray Beach, Florida 334~F5 Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON vVH[CH VOTE OCCURRED Citty ali" De],ray Be1C$ MY POSITION IS: 3~17~2009 ~ ELECTIVE Q APFOIMIVE WHO MUST FILE FORM 8B This farm is for use by any person serving at the county, city, ar other local level of govemment on an appointed ar elected board, council, commission, authority, or committee. It applies equally to members of advisory and nnn-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 an a moasure 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 FUR COMF~LIANCE WITH SECTION 112.3~I~43, FLORIDA STATUTES A person holding elective or appointive county, municipal, ar other loco[ public office MUST ABSTAIN frnm voting on a measure which inures to his or her special privato gain ar loss. Each elected or appointed local officer also is prohibited from Knowingly voting on a mea- sure which inures to the special gain ar foss of a principal {ether than a government agency} by whom he or she is re#ained {including the parent organization or subsidiary of a corporate principal by which he or she is retained}; to the special private gain or foss of a relative; or to tfie 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. Far purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, fa#her-in-law, mother-in-law, son-in-law, and daughter-in-law, A "business associate" means any person ar entity engaged in nr oarrying on a business enterprise with the officer as a partner, joint venturer, cnnwner 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 f3E;ING TAlC1=N by publicly stating to the assembly the nature of your interost in the measure on which you are abstaining from voting; and W1THlN 15 DRYS AFTER THE VOTE OGGURS by completing and filing this form with the person responsible far recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTE© OFFICERS: ' Although you must abstain from voting in the situations described abavo, you othorwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally ar in writing and whether made by you or at your direction. 1F YOU INTENC] TO MAKE ANY ATTEMPT TO fNFLUENCE THE DECISfON PRIOR TO THE MEETING AT WHICH THE VpTE W1LL t3E TAKE=ICI: • Yau must complete and file this form (before making any attempt to irlFfuence the derision}with the person responsible for recording the minutes of the meeting, who wiN incorporate the form in the minutes, (Continued on other side} CE FARM 88 - EFF. 1f2440 ~. ~ ~ `T~'~-~ • ~.1 \~ 1'~ •~ ' t''~ . PAGE '1 ..~ APPOINTED QFF[CERS (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 bEClSION EXCEPT 8Y DlSGUSSIOi~f AT THtu MEETING: • Yau must disclose orally the nature of your conflict in the measure before par#icipa#ing. • You must complete the form and file it within 95 days after the vote occurs with the person responsible fnr 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 ofher members of the agency, and the form must be read publicly at the next meeting after the form is flied, ©1SCLOSllRE OF LOCAL OFFICER"S INTEREST [, Gary P. EJ.iogoe~2os ,hereby disclose that an March 17 , 24 09 (a) A measure carne or will come i7efors my agency which (check one) _ inured to my special private gain or loss; gg inured to the special gain or loss of my business associate, ~upi ~ Eliopoulos Aacchi~ec~ure ; inured to the special gain ar loss of my relative, ___ ~ ,,, ,,,. ,,_, ; inured to the special gain or loss of , by whom I am retained; or inured to the special gain ar loss of , which is the parent organization ar subsidiary of a principal which has retained me. {b~ "fhe measure before n•ry agency and the na#ure of my conflicting interest in the measure is as follows: 3J17/~fl~9 Date Filed Signatura NOTICE: UNDER p#tOVISIONS OF FLORIDA STATUTES §9'12.317, A FAILURE TO MAKE ANY REQUIRED f31SCLOSURE CONSTITUTES GROUNDS FOR AN~l MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, QEMOTIDN, REDUCTION IN SALARY, REPI;IMANQ, OR A CIVIL PENALTY NOT TO EXCEED $1Q,t}i}0. CE FORM Bg - EFF_ 112~t) ~ PAGE 2