09-21-10 Regular Meeting MinutesSEPTEMBER 21, 2010
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, September 21, 2010.
1. Roll call showed:
Present- Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Eliopoulos requested that Item 8.C., Interlocal Agreement and
Multiparty Agreement: Community _Redevelopment Aaenev /School Board of Palm
Beach County of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.
and Item 8.L.2., Review of Appealable Land Development Board Actions (Item #2)
be moved to the Regular Agenda as Item 9.A.A.A.
Mayor McDuffie stated the applicant has requested that Item 9.B., Appeal
of the Site Plan Review and Appearance Board's Decision/New Century
_Courtyards, be postponed to the regular meeting of October 5, 2010 and Item 9.D.,
Request to Install a Nativity
Creche at Christmas Tree Site, be postponed to the
regular meeting of October 5, 2010. It is noted that there is additional information for
Item 9.H., Amendment No. 3 to the Agreement/Pompey Park Booster Club.
Mayor McDuffie stated Item 10.B., Ordinance No. 24 -10 (Rezoning on
South Federal Highway), has been withdrawn at the applicant's request, pp t, q st. Also, staff has
requested that Item 10.G., Ordinance No. 23 -10 be postponed to October 5, 2010.
09/21/10
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion
passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Special /Workshop
Meeting of August 10, 2010, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel -- Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Special /Workshop
Meeting of August 24, 2010, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mrs. Gray — Yes; Mayor McDuffie Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer -- Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
' Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting
of August 31, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
September 7, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Li hts on Afterschool Da — October 21 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
October 21, 2010 as Lights on Afterschool Day in the City of Delray Beach. Mary
Swinford, Prime Time of Palm Beach County, came forward to accept the proclamation
and thanked the City Commission.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 43 -10: Approve Resolution No. 43 -10 recognizing
and commending Milton Willingham for 30 years of dedicated service to the City of
Delray Beach.
The caption of Resolution No. 43 -10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
RECOGNIZING AND COMMENDING MILTON D.
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office.)
WILLINGHAM FOR THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY
BEACH.
(The official copy of Resolution No. 43 -10 is on file in the City Clerk's
Mayor McDuffie read Resolution No. 43 -10 into the record.
Mr. Eliopoulos moved to approve Resolution No. 43 -10, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion
passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. HOLD HARMLESS AGREEMENT /TOTTERDALE INDUSTRIAL:
Approve acceptance of a Hold Harmless Agreement for Totterdale Industrial, located at
101 N.W. 18'x' Avenue.
8.11. RESOLUTION NO. 52 -10: ABANDONMENT OF A DRAINAGE
EASEMENT/THE HARTMAN HOUSE: Approve Resolution No. 52 -10 abandoning
a 10'x 32' drainage easement located in the northwest corner of the The Hartman House
property at 302 N.E. 7th Avenue.
The caption of Resolution No. 52 -10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A DRAINAGE EASEMENT
LOCATED ON THE HARTMAN HOUSE PROPERTY
AT 302 NE 7TH AVENUE; DELRAY BEACH, FLORIDA,
AND AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A ".
(The official copy of Resolution No. 52 -10 is on file in the City Clerk's
office.)
S.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
S.D. HOUSING REHABILITATION GRANT /CONTRACT
AWARDS: Approve two (2) Housing Rehabilitation Grant contract awards through the
Community Development Division to the lowest responsive bidders for the following
projects: 814 S.W. 4th Avenue to Built Solid Construction, LLC in amount of $32,087.45
and 613 S.W. 6th Street to Ray Graeve & Sons Construction, Inc. in the amount of
$32,066.86. Funding is available from 118- 1963 - 554 -49.19 (Neighborhood Services:
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Other Current Charges/Housing Rehabilitation).
8.E. AMENDED AND RESTATED AGREEMENTS/NEIGHBORHOOD
STABILIZATION PROGRAM SP PLAN/FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS: Approve Amended and Restated Agreements with the
Delray Beach Community Land Trust, Delray Beach Community Development
Corporation and Delray Beach Housing Authority for Rental and Homebuyer Disposition
Services for the Neighborhood Stabilization Program in regards to RFQ 12 -2010 NS.
S.F. SPECIAL EVENT REQUEST/MAD DOG VOLLEYBALL
TOURNAMENT/EXCLUSIVE SPORTS MARKETING EVENT: Approve a
request from Exclusive Sports Marketing Event to hold the Mad Dog Volleyball
Tournament on the beach adjacent to Anchor Park on Saturday, September 25 -26, 2010
from 9:00 a.m. - 5:00 p.m.; with setup on Friday, September 24, 2010, between the 9:00
a.m. -3:00 p.m.
S.G. THE PLASTRIDGE AGENCY INC./RENEWAL OF PROPERTY
AND CASUALTY INSURANCE: Approve a proposed renewal of the City major
property and casualty, including workers' compensation, insurance programs for the
period October 1, 2010 thru September 30, 2011. Funding is available from 551-1575 -
591-45.11(Insurance Fund /Insurance /General Liability Premiums), 551- 1575 - 591 -45.31
(Insurance Fund/Insurance/Package Policy Premium), and 551- 1575 - 591 -4532
(Insurance Fund /Insurance /Package Policy Premiums, Excess Workers' Camp Premium).
S.H. CONSULTING AGREEMENT RENEWALIGALLAGHER
BENEFIT SERVICES INC.: Approve a Consulting Agreement renewal with
Gallagher Benefit Services, Inc. in the amount of $110,000.00 for employee benefits
management consulting services. Funding is available from 551- 1576 -591 -31.90
(Insurance Fund: Professional Services /Other Professional Services).
S_I. INTERLOCAL AGREEMENT: COMMUNITY
REDEVELOPMENT _AGENCY, SPONSORSHIP OF TENNIS
TOURNAMENTS: Approve an Interlocal Agreement with the Community
Redevelopment Agency (CRA) for sponsorship of City tennis tournaments for FY 2010-
2011.
S.J. SPECIAL EVENT RE UEST /13th ANNUAL BED RACE: Approve
a special event request for the 13th Annual Bed Race to be held on October 29, 2010,
from 5:00 p.m. to 7:30 p.m., to grant a temporary use permit per LDR Section 2.4.6(F)
for the closure of N.E. 2nd Avenue between N.E. 1st Street and N.E. 2nd Street, and to
authorize staff support for traffic control and security, EMS assistance, trash removal and
clean up, barricading, use and set up of half of the small stage, and preparation and
installation of event signage; contingent upon receipt of a hold harmless agreement.
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8.K. SPECIAL EVENT REQUEST /24th ANNUAL TURKEY TROT:
Approve a special event request to allow the 24th Annual Turkey Trot to be held on
Saturday, November 20, 2010 from 7:30 a.m. until approximately 9:00 a.m., including a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of A -1 -A from
Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and
authorize staff support for traffic control, barricading, clean up, use of half of small stage,
event signage and waiver of parking meter fees for Sandoway, Ingraham, and Anchor
Park and along Atlantic Avenue from Venetian to A -1 -A from 6:00 a.m. until
approximately 10:00 a.m.
8.L. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.A. (#2).
8.M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to multiple vendors in the estimated annual amount of
$210,000.00 for the purchase of chemicals and fertilizers for the
City on an "as needed basis ". Funding is available from 001 -4511-
539 -52.21 (General Fund: Operating Supplies /Chemicals), 001-
4511 -539 -52.26 (General Fund: Operating Supplies /Gardening
Supplies), 119- 4144 - 572 -52.21 (Beautification Trust Fund:
Operating Supplies /Chemicals), 445- 4714 - 572 -52.26 (D B
Municipal Golf Course: Operating Supplies /Gardening Supplies)
and 446 -4714- 572 -52.26 (Lakeview Golf Course: Operating
Supplies /Gardening Supplies).
2. Contract award to Mancil's Tractor Service in the amount of
$20,755.86 for the construction of S.E. 2nd Avenue Sidewalk
Improvement Project. Funding is available from 334- 3162 -541-
62.52 (General Construction Fund: Capital Outlay /S.E. 2nd
Avenue).
3. Purchase award to Otto Waste Systems in the amount of
$60,000.00 for the purchase of hot stamped garbage carts with lids
and wheels to be ordered as needed. Funding is available from
433 -3711 -534 -49.35 (Sanitation Fund /Cart Renewal and
Replacement).
4. Purchase award to TriTech Emergency Medical Systems, Inc. in
the amount of $31,456.00 plus travel expenses for Emergency
Medical Billing Software to restore in -house Emergency Medical
billing by the Fire - Rescue Department. Funding is available from
334 -2311- 522 -66.10 (General Construction Fund:
Books /Publications /Software).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel — Yes;
Mrs. Gray — Yes; Mayor McDuffze — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said
motion passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A.A. INTERLOCAL AGREEMENT AND MULTIPARTY
AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY/ SCHOOL
BOARD OF PALM BEACH COUNTY: Approve an Interlocal Agreement and
Multiparty Agreement between the City, Community Redevelopment Agency and the
School Board of Palm Beach County for the Eagle Nest Program Project #2 associated
with the Atlantic Community High School (ACHS) Career Academy.
Commissioner Eliopoulos declared a conflict of interest and stepped
down from the dais.
Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.C.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed
with a 4 to 0 vote.
9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 5, 2010 through September 17, 2010.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Mr, Frankel moved to approve Item 9.A.A.A. (formerly Item 8.L.2.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed
with a 4 to 0 vote.
9.A. TEMPORARY USE PERNHT AND WAIVER REQUEST/DELRAY
BEACH MARRIOTT. Consider a request for a temporary use permit and waiver
request to locate a temporary pre - fabricated modular kitchen on upper level of the
parking garage associated with Delray Beach Marriott located at 10 North Ocean
Boulevard. (Quasi- Judicial Hearing)
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Mayor McDuff e read the City of Delray Beach procedures for a Quasi -
Judicial Hearing into the record for this item and all subsequent Quasi - Judicial Hearings.
`Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
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Paul Dorling, AICP, Director of Planning and Zoning, stated this is
consideration of a temporary use permit for a modular kitchen and also a waiver request.
The waiver is to allow a temporary use of a modular kitchen to be considered one of
those temporary use categories, Mr. Dorling stated the required findings pursuant to
LDR Section 2.4.7(B)(5) as it relates to the waiver are found in the City Commission
backup. He stated this is to go to the Site Plan Review and Appearance Board (SPRAB)
for official approval on September 22, 2010 and staff recommends approval based upon:
(1) the temporary use permit shall not be effective until the issuance of a permit for the
kitchen modifications, and (2) that the temporary modular kitchen be removed from the
property and the area restored to its original use pursuant to the site plan of record
concurrent with the issuance of a Certificate of Occupancy for the kitchen modifications,
but in no event shall the temporary use permit be valid for more than 6 months. Mr.
Dorling stated they have asked for sixty (60) days and staff recommends that it be valid
for six months. Staff recommends approval of the temporary use permit and the waiver
request.
There was no cross - examination or rebuttal.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time. There being no
one from the public who wished to address the Commission regarding the temporary use
permit and waiver request, the public hearing was closed.
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. Frankel moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr.
Frankel Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to
0 vote.
Mr, Frankel moved to approve the temporary use permit, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0
vote.
At this point, Commissioner Eliopoulos returned to the dais.
9.B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD'S DECISION/ NEW CENTURY COURTYARDS: Consideration of an
appeal regarding the Site Plan Review and Appearance Board's decision regarding New
Century Courtyards located on the west side of South Federal Highway, 320' south of
S.E. 10th Street. (The applicant has requested this item be postponed to the October 5,
2010 Regular Meeting)
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9.C. CONSIDER APPROVAL OF SERVICE AUTHORIZATION NO. 07-
04 /MOCK, ROOS & ASSOCIATES: Approve Service Authorization No. 07 -04 with
Mock, Roos & Associates in the amount of $64,030.00 for the design of the N.W. 12th
Avenue - Atlantic Avenue to Martin Luther King Jr. Drive project. Funding is available
from 334 -3162- 541 -68.60 (General Construction Fund: Other lmprovement/N.W. 12th
Avenue - Atlantic to MLK) and 448 - 5461 -538 -68.60 (Storm Water Utility Fund: Other
Improvement/N.W. 12th Avenue - Atlantic to MLK).
Richard Hasko, Director of Environmental Services, stated this is a
proposal from Mock, Roos & Associates for complete engineering, design, permits, etc.
in the amount of $64,030.00 for the Martin Luther King, Jr. Drive project extension from
Atlantic Avenue to Martin Luther King Boulevard just before 1 -95. Mr. Hasko stated the
scope will include almost every piece of infrastructure except for sanitary sewer. He
stated there is water main upgrades, there is drainage work going on, Iandscape,
irrigation, beautification and the right -turn lane at Atlantic Avenue will be installed with
this project. Mr. Hasko stated they have a preliminary construction budget of
$580,000.00- $600,000.00 for all of that scope some of which will be paid by the CRA
and some of which will be paid by the City through Water and Sewer and Drainage
Enterprise Funds.
Mrs. Gray asked how long this project will take to complete. Mr. Hasko
stated the design part will take approximately six months from now to the time we would
actually bid the project and the construction time for a project of this nature is
approximately four months.
Mr. Eliopoulos moved to approve the Service Authorization No. 07 -04
with Mock, Roos & Associates, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mrs. Gray — Yes; Mayor McDuffie —Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
9.1). 'REQUEST TO INSTALL A NATIVITY CRECHE AT CHRISTMAS
TREE SITE: Consider a request to install a Nativity Creche in the vicinity of the
Christmas tree at Old School Square.
The applicant has requested that this item be postponed to the next regular
meeting of October 5, 2010.
9.E. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) alternate member to serve on the Nuisance Abatement Board for an
unexpired term ending July 31, 2011. Based upon the rotation system, the appointment
will be made by Commissioner Gray (Seat # 4).
Mrs. Gray moved to appoint Patricia Conlon as an alternate member to
serve on the Nuisance Abatement Board for an unexpired term ending July 31, 2011,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray
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— Yes. Said motion passed with a 5 to 0 vote.
9.F. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) alternate member to the Financial Review Board to serve an unexpired term
ending July 31, 2011. Based on the rotation system, the appointments will be made by
Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to appoint Harvey Starin as an alternate member to the
Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows; Mr. Eliopoulos — Yes;
Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray -- Yes; Mayor McDuffie — Yes. Said
motion passed with a 5 to 0 vote.
9.G. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority
for an unexpired term ending March 6, 2014. Based upon the rotation system, the
recommendation for appointment will be made by Commissioner Frankel (Seat 93),
Mr. Frankel stated he would like to defer his appointment to the next
regular meeting of October 5, 2010.
9.H. AMENDMENT NO. 3 TO THE AGREEMENT/POMPEY PARK
BOOSTER CLUB: Consider Amendment No. 3 to the Agreement with the Pompey
Park Booster Club to extend the term of the agreement to September 30, 2011.
Linda Karch, Director of Parks and Recreation, stated the attached
Amendment No. 3 to the Agreement between the City and Pompey Park Booster Club
extends the term of the agreement until September 30, 2011. All other terms of the
agreement remain the same.
The Parks and Recreation Department has reviewed the agreement with
the Pompey Park Booster Club and they have serious reservations about renewing this
agreement due to continual issues. Mrs. Karch stated for the past ten months the Finance
Department as well as the Recreation Department has repeatedly requested the monthly
reports from the Booster Club as required in Section 11, Monthly Report and Audit, in
their agreement. Mrs. Karch stated they have never illustrated how much money has
been collected, from what sources the money has come, or a ledger of all the money spent
for the month. One of the key components of the agreement was that the City of Delray
Beach would have oversight of these funds. Mrs. Karch stated staff also believes that the
Booster Club does not have the required number of officers on their Board and thus do
not have the right according to their own by -laws to vote which includes having four out
of the six officers make any disbursements over $125.00. Mrs. Karch stated staff has
never seen a record of any donations accepted on behalf of the Pompey Park Booster
Club, the specific guidelines for their distribution also in accordance with their own by-
laws. Staff was never able to determine if other sports at Pompey Park were benefiting
from the financial support since they never provided the City with any records. She
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stated in their by -laws it states that they are to provide equipment, supplies, training
camps, clinics, banquets, and awards for all sports such as football, cheerleading,
basketball, track, T -ball, flag football, Diva Step Team, and the Diamonds and Pearls
Dance Team. Mrs. Karch stated the Pompey Park Booster Club has made the demand
that they take all the gate proceeds for the Delray Rocks Homecoming game this
weekend which is not an item discussed in the agreement and thus not a recognized
fundraiser for them. Mrs. Karch stated the Parks and Recreation Department does not
support renewal of this agreement.
Mr. Frankel stated if the Commission follows staff's recommendation
does Parks and Recreation have the ability to step in and do all the necessary things that
have to be done. Mrs. Karch stated they are very capable of taking over those
responsibilities.
Mrs. Gray stated there was a football game a couple of weeks ago and
asked who took over the concession stand. Mrs. Karch stated the Booster Club along
with some of the Parks and Recreation staff. Mrs. Karch stated there was a record of
what was taken in that day (approximately $2,800.00). Mrs. Karch stated the agreement
expires Septeinber 30, 2010. Mrs. Gray stated if the Commission approves staff's
recommendation tonight will they still be active until that date. Mrs. Karch stated even if
they are active the agreement states that either group can work the concession and take
the proceeds. Mrs. Gray stated there are some concerns about what would happen to the
dollars if that does happen.
The City Attorney stated the agreement that the City has with the Booster
Club provides that all profits from the concession sales shall be used to benefit all
Pompey Park sports programs. Mrs. Karch stated her intention is for the City to run the
concession stand and the gate this Saturday.
Mr, Eliopoulos asked Mrs. Karch if she anticipates any paperwork coming
in from the Booster Club that will back up where the money is as far as accounting. Mrs.
Karch stated staff has asked the current president and he is under the belief that he does
not need to provide those to the City. Mrs. Karch stated they actually turned over their
checkbook and staff saw some deposits of money; the last statement she recalls seeing
was a little over $2,000.00 and this did not include the $2,800.00 which was given to
them two weeks ago.
Mrs. Gray stated there was a balance of approximately $20,000.00 a year
or two ago but now we cannot account for that and now there is a balance of $2,000.00
before the deposit. Mrs. Karch stated the last record she saw was a balance of $2,000.00
and staff has been asking for this paperwork for ten months.
Mr. Frankel moved to approve extending the agreement and making
Amendment No. 3 to the Agreement with the City of Delray Beach and the Pompey Park
Booster Club, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. Fetzer — No; Mr. Frankel — No; Mrs. Gray — No; Mayor McDuff e — No;
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Mr. Eliopoulos — No. Said motion to approve extending the agreement was DENIED
with a 5 to 0 vote.
At this point, the time being 6.32 p.m., the Commission moved to Item
11, Comments and Inquiries on Non - Agenda Items from the City Manager and the
Public.
I1.A. City Manner's response to prior public comments and inquiries.
The City Manager stated at the last Commission meeting a couple of
residents expressed concern about the hiring practices of Auburn Development and
whether they were hiring local minorities and laborers. He stated the City has contacted
the Auburn Group and requested a detailed report on their hiring of local residents in
compliance with the commitment they made during their presentation at the October 6,
2009 Commission meeting. The City Manager stated they have agreed to provide this
information on Monday, September 27, 2010.
Secondly, the City Manager stated Ms, Moody had expressed concern
about calling concerning a noise complaint in her neighborhood. He stated the Police
Department and Code Enforcement from time -to -time have long been involved in
enforcing the City's noise ordinance in neighborhoods from residents, house parties, and
motor vehicles. Ms. Moody has had many contacts with the Police Department over the
years and the last contact that the City received from Ms. Moody regarding loud music
that we have record of was March 5, 2010. On that particular call, the officer arrived and
did not hear anything that required police action. Additionally, Ms. Moody at the time
did not want to speak to the officer. if she received mis- information concerning the noise
ordinance or enforcement activities from someone at the Police Department, the City
Manager apologized for that and suggested if Ms. Moody has noise complaints in the
future she should call the non - emergency number in the Police Department and they will
respond.
11.B. From the Public.
11.B.1. Pauline Moody, 609 S.W. St" Avenue Delray Beach FL 33444 stated
on 10"' Street going toward the railroad tracks and she mentioned to Tim Simmons that
people are still dumping pieces of concrete. She stated Mr. Simmons informed her that
he contacted FDOT (Florida Department of Transportation) about this but nothing has
been done. Ms. Moody stated this area is very unsafe and urged the Commission to look
into this situation.
At this point, the time being 6:37 p.m., the Commission moved to Item
12, First Readings.
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12. FIRST READINGS:
12.A. ORDINANCE NO. 31 -10: Consider approval of an ordinance amending
Chapter 35, "Employee Policies and Benefits ", by amending Section 35.014,
"Preferential Bonus Points ", in order to update the City's Code. If passed, a public
hearing will be held on October 5, 2010.
The caption of Ordinance No. 31 -10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS" BY AMENDING SECTION 35.014,
"PREFERENTIAL BONUS POINTS" IN ORDER TO
UPDATE THE CITY'S CODE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31 -10 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated the reasons
for the changes in this ordinance are to comply with changes in Federal law.
Mr. Eliopoulos moved to approve Ordinance No. 3 1 -10 on FIRST
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Eliopoulos -- Yes; Mr.
Fetzer --- Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 33 -10: Consider approval of an ordinance amending
Chapter 35, "Employee Policies and Benefits ", Section 35.089, "Definitions ", to provide
revised definitions of "Final Monthly Compensation" and "Normal Retirement
Date "; amending Section 35.095, "Contributions of Participant and City ", Subsection
(A), "Participant's Contribution Account ", to provide for a change in the contribution
amount; amending Section 35.097, "Retirement Income; Basis, Amount, and Payment ",
Subsection (A), "Normal Retirement Income ", to change the normal form of retirement to
life annuity; amending Subsection (C), "Disability Retirement and Retirement Income ",
Paragraph (5), Subparagraph (A), "Monthly Income Payable ", Sub - subparagraph (1),
"Service- Connected Disability ", to modify disability average monthly earnings;
amending Subsection (D), "Benefits Other Than on Retirement ", Paragraph (2), "Benefit
Payable in the Event of Participating Employee's Death On or Before the Normal
Retirement Date ", Subparagraph (A), "Death Benefit—Service-Connected Death ", to
modify the monthly income General Employees Pension. If passed, a public hearing will
be held on October 5, 2010.
The caption of Ordinance No. 33 -10 is as follows:
12
09/21/10
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS ", SECTION, "35.089, "DEFINITIONS ",
TO PROVIDE REVISED DEFINITIONS OF "FINAL
MONTHLY COMPENSATION" AND "NORMAL
RETIREMENT DATE'; AMENDING SECTION 35.095,
"CONTRIBUTIONS OF PARTICIPANT AND CITY ",
SUBSECTION (A), "PARICIPANT'S CONTRIBUTION
ACCOUNT ", TO PROVIDE FOR A CHANGE IN THE
CONTRIBUTION AMOUNT; AMENDING SECTION
35.097, "RETIREMENT INCOME; BASIS, AMOUNT,
AND PAYMENT ", SUBSECTION (A), "NORMAL
RETIREMENT INCOME ", TO CHANGE THE NORMAL
FORM OF RETIREMENT TO LIFE ANNUITY;
AMENDING SUBSECTION (C), "DISABILITY
RETIREMENT AND RETIREMENT INCOME ",
PARAGRAPH (5), "DISABILITY RETIREMENT
INCOME ", SUBPARAGRAPH (A), "MONTHLY
INCOME PAYABLE ", SUB - SUBPARAGRAPH (1),
"SERVICE- CONNECTED DISABILITY ", TO MODIFY
DISABILITY AVERAGE MONTHLY EARNINGS;
AMENDING SUBSECTION (D), `BENEFITS OTHER
THAN ON RETIREMENT ", PARAGRAPH (2),
"BENEFIT PAYABLE IN THE EVENT OF
PARTICIPATING EMPLOYEE'S DEATH ON OR
BEFORE THE NORMAL RETIREMENT DATE ",
SUBPARAGRAPH (a), "DEATH BENEFIT SERVICE -
CONNECTED DEATH ", TO MODIFY THE MONTHLY
INCOME; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 33 -10 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated the
proposed recommendations to the pension plan will change the on -duty disability for all
general employees from 75% of earnings to 60% of earnings, change the period used to
calculate average earnings from 2 -3 years, and increase employee contributions by
0.55 %. For all member employees over 10 years from their normal retirement date,
changes include the normal benefit for married member from 60% joint and survivor to
Life Annuity and change the normal retirement date to age 62 or 30 years of service
regardless of age. For new members hired after October 6, 2010, changes include
increasing the period used to calculate average earnings to 5 years and changing the
normal retirement date to age 65 and eliminating the 30 years and out option.
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09/21/10
Joseph Safford, Finance Director, stated this evaluation process was
initiated in December 2009. Mr. Safford stated the City Manager, himself, Actuaries, the
Human Resources Director, and Attorneys met at the beginning of this process. Mr.
Safford stated they have held classes with the general employees (civil service
employees) going over the alternatives and took an employee survey of all the civil
service employees. He stated they have held classes with the SEIU and an employee
survey was taken of the SEIU employees. Mr. Safford stated they have had meetings
with the IAFF union negotiators for the lifeguards and offered to present the alternatives
to the lifeguards also. Mr. Safford there is approximately 17 different alternatives that
they presented to the actuary for costing and staff knows the individual estimated cost
savings. He stated between the first reading of the ordinance and the second reading of
the ordinance staff turns these recommendations into the actuary and they will do a
formal impact statement and determine the actual bottom line cost saving projection. Mr.
Safford stated staff anticipates over $1,000,000.00 in savings from the recommendations
that are being made. He stated the City has to qualify this because of the unions and this
will become effective upon their ratification but to all non -union members effective upon
the passage of the second reading they are changing the on -duty death and disability
benefit from 75% earnings to 60% of earnings; changing the period to calculate the
earnings from the two highest consecutive years out of ten to the highest three out of ten;
the employee contributions will increase by 0.55 %. To all members that are over ten
years from normal retirement (1) will change the normal retirement option for married
employees from 60% joint and survivor to Life Annuity; (2) change the normal
retirement date from age 60 to age 62 and maintain the 30 year and out provision. Mr.
Safford stated for new employees hired after October 6, 2010, they would change the
period used to calculate the pension from 2 to 5 years so a pension would be based upon
your highest 5 consecutive years out of your last ten years. The normal retirement date
will change from age 60 to age 65 and eliminate the 30 year and out option.
Mr. Eliopoulos asked for the costing for second reading and how things
might change. Mr. Safford stated when the actuary did his costing he prepared a table
and that table showed ten years for each alternative and showed what the savings is for
fiscal year 2011, 2012, etc. Mr. Safford the new member category is not going to be
immediate savings and is not calculated in the $1,000,000.00 because there is no
immediate savings in 2011. The actuary was very clear in stating that you cannot just
add those numbers together to come to $1,000,000.00; it is going to be higher or lower
based upon what choices are taken and when it is implemented. Mr. Safford stated by
State law, staff is required to submit the ordinance between first and second reading to
the actuary and they prepare an impact statement which has to be sent to the State. Mr.
Safford stated to the best of their ability they will tell the City what type of savings they
can expect in 2011. Mr. Safford stated staff elected to change the funding method from
an aggregate method and changed it to an entry age normal method and this provided a
savings of $187,000.00 projected for 2011. In addition, Mr. Safford stated the normal
payment of the City contribution is made December 31, 2010 of each year. Staff elected
and received the permission of the City Manager to move that back to second reading of
the ordinance. Mr. Safford stated staff can move the general employee contribution back
and save the interest cost ($53,000.00). Therefore, Mr. Safford stated there is
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09/21/10
approximately $240,000.00 worth of savings projected that came off that $1,000,000.00
because of the actions of the Financial Review Board that did not impact any benefit of
any employee. Staff has been working since December 2009 to minimize the impact on
our current employees.
Mrs. Gray moved to approve Ordinance No. 33 -10 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel —
Yes. Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated a public hearing of Ordinance No. 33 -10 will be
held on October 5, 2010.
At this point, the time being 6:55 p.m., the Commission moved to Item
13.A., Comments and Inquiries on Non - Agenda Items from the City Manager.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
The City Manager stated Commissioner Eliopoulos commented about an
email from Fran Marincola regarding restaurants versus stand alone bars in the downtown
area and noted that all restaurants must meet the City's definition of restaurant which
includes having meals available during all operation hours. Furthermore, the City
Manager stated they must also comply with regulations that apply to the type of liquor
license they have; many of our restaurants do not have SRX licenses but have 4COP
licenses which do not have the 51 % of sales from food requirement. The City Manager
stated they agree that additional oversight of restaurants in town is appropriate and should
be conducted through a combination of the Code Enforcement division and the Police
Department particularly the Clean and Safe Program.
Secondly, the City Manager stated the possibility of running the shuttle
past Puttn' Around Delray Beach was raised and there are some concerns with doing this.
He stated there are some existing challenges already to maintain headways and that could
increase. The City Manager stated there may be some additional confusion with
passengers that would occur with the bus going off Atlantic Avenue and the re- routing
would by -pass what might be considered the busiest section of Atlantic. Staff will meet
with the owner of Puttn' Around Delray Beach to further discuss the request and see if
we can come up with a workable option.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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09/21/10
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 27 -10: Consider a city initiated amendment to
Appendix "A ", "Definitions" of the Land Development Regulations (LDR) to revise the
definition of "Pharmacy ".
The caption of Ordinance No. 27 -10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING APPENDIX "A ",
"DEFINITIONS ", TO ENACT A REVISED
DEFINITION FOR "PHARMACY ", PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27 -10 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, AICP, Director of Planning and Zoning, stated pharmacies
are currently defined as a retail establishment primarily offering goods for retail sales as
well as onsite dispensing of prescription drugs and non - prescription drugs. Mr. Dorling
stated these changes that staff is proposing today are to follow -up recent changes to
medical office regulations which attempt to address practices particularly pain clinics in
which they are prescribing and distributing Schedule II narcotic prescription drugs at
these facilities. These recent changes basically said that dispensing of these drugs were
no longer allowed at these medical offices and that they would have to be distributed at
pharmacies.
At its meeting of June 21, 2010, the Planning and Zoning Board
considered the request. Mr. Dorling stated this ordinance has been through several
changes since then. While the Board agreed that Schedule II controlled substances
should be restricted, they felt the 50% maximum was too liberal and should be reduced.
The Board unanimously recommended approval of the ordinance subject to the
elimination of the retail threshold language and retention of the 50% maximum Schedule
II threshold with a 6 to 0 vote (Deborah Dowd absent). Following that meeting,
additional inquiries as to reasonable maximum thresholds of Schedule II sales were made
and the maximum total sales numbers were revised to a maximum of 25 %.
At its meeting of July 6, 2010, the City Commission considered the
revised ordinance with these modifications and recommended to be further reduced to
09/21/10
10% based upon testimony received at the meeting. Mr. Dorling stated some people from
the pharmaceutical business object to that and staff met with the City Attorney and those
individuals and made some changes. Mr. Darling stated the ordinance now represents
15% of total prescriptions can be Schedule II and no more rather than 15% of total sales.
Mayor McDuffie declared the public hearing open.
Sergeant Brady Myers, Police Department, stated this is the easiest way
to manage it and the number they came up with is more than fair and it will keep the "pill
mills" out of the city so Delray Beach will be known as a non -pill mill city.
Alan Levine, Registered_ Pharmacist, stated he is working on the
Multi -Task Force with Sergeant Myers, stated originally the 10% that he had
suggested based on the figures of his past businesses and talking with chain store
pharmacies was fair but after thinking about it, it would be a fiscal nightmare because the
City would need the entire company of Ernst & Young to be working for them to figure
that out. Mr.' Levine stated if someone does 100 prescriptions total, 15 of those can be
Schedule 1I. He stated the chain pharmacies have a 9% base maximum of what their
Schedule II's are as compared to their total amount of prescriptions. Mr. Levine stated
this is a fair ordinance.
Thomas Dildine Resident and Owner of Delray Shores Pharmacy,
601 North Congress Avenue, Delray Beach, FL 33445, commended the City
Commission for this ordinance; however, he stated situations may come up where say
they are at the 15`h prescription and they already wrote 100 scripts that day and an old
lady comes in with a Schedule II for a dental procedure what should they do. Mr. Dildine
stated he would like clarification on how this is going to be enforced.
Sergeant Myers stated this will be enforced monthly.
Mr. Dildine stated this will affect local pharmacies and it is another hurdle
that is thrown at legitimate pharmacies and noted he has been in business since 1975, He
stated hopefully this ordinance will keep the bad clinics out of the city but at the same
time protect their livelihood as well.
Pauline Moody, 609 S.W. 8th Avenue Mlray Beach FL 33444 stated
this ordinance is concerned about new people coming in opening up clinics and asked if
the ordinance should control everyone that is already here because pharmacies cannot fill
prescriptions on their own; the script comes from the doctor and they also give out
samples in their office.
The City Attorney stated that the City already has an ordinance that covers
dispensing in a physicians office in place and that is the reason staff has to adopt this
ordinance. The City Attorney stated when the Commission first adopted the ordinance
staff made one minor change to the ordinance to provide that the information that they
are. requesting from pharmacies can only be obtained from an entity that has the authority
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09/21/10
to request and review that information.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 27 -10, the public hearing was closed.
Mr, Eliopoulos commended staff for doing a great job on this ordinance.
Mr. Frankel stated this ordinance was well done.
Mayor McDuffie thanked Mr. Levine and Sergeant Myers for doing a
great job on this ordinance.
Mr. Eliopoulos moved to adopt Ordinance No. 27 -10 on Second and
FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer -- Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 24 -10: Consider a privately initiated rezoning from
AC (Automotive Commercial) and RM (Multiple Family Residential - Medium Density)
to GC (General Commercial) and OS (Open Space) for property located at the northeast
corner of Federal Highway and Fladell's Way (2501 South Federal Highway). (Quasi -
Judicial Hearing)
office.)
The caption of Ordinance No. 24 -10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT TO GC (GENERAL COMMERCIAL)
DISTRICT; AND PLACING LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID
LAND BEING PARCELS OF LAND LOCATED AT
THE NORTHEAST CORNER OF SOUTH FEDERAL
.HIGHWAY AND FLADELL' S WAY (AVENUE "F "),
AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, OCTOBER 2009 "; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24 -10 is on file in the City Clerk's
This item has been withdrawn by the applicant.
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09/21/10
10.C. RESOLUTION_ NO. 53 -10 (FINAL MILLAGE LEVY): A
resolution levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2011.
The caption of Resolution No. 53.10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, TO LEVY A TAX
ON ALL PROPERTIES WITHIN THE CITY OF
DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST
ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 53 -10 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated the operating millage is scheduled to be 7.19; the
rolled -back millage rate is 8.1366; the proposed millage rate would be a deduction from
the roll back millage rate by 11.63 %.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 5310,
the public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 53 -10, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion
passed with a 5 to 0 vote.
10.D. RESOLUTION NO. 54 -10 LLAGE LEVY/DDA : A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2011.
The caption of Resolution No. 54 -10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, TO LEVY A TAX
ON ALL PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT
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09/21/10
OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR MAINTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 54 -10 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated the proposed millage rate is 1.0 and it would not
increase from the previous fiscal year and is less than the rolled -back rate of 1.1116 by
10.04 %.
Mayor McDuffie declared the public hearing open.
Pauline Moody, 609 S.W. 8M Avenue Delra Beach FL 33444 asked
if the Downtown Development Authority (DDA) taxing district is the same as the
Community Redevelopment Agency (CRA) taxing district.
Mayor McDuffie stated these districts overlap and are not exactly the
same district.
The City Manager stated the DDA goes from I -95 to the beach. The City
Manager stated the DDA works with the merchants and property owners' in the
downtown area to promote their business and is a fairly narrow district on both sides of
Atlantic Avenue; the CRA is much larger and is 3 -4 square miles that extends much
further north and south. The CRA is financed from a tax increment and they get a part of
the 7.19 mills; the DDA is an additional 1.00 mil. Therefore, the City Manager stated
people who are in the DDA pay 7.19 mills plus 1.00 mil so they pay 8.19 mills and the
money is used to promote the downtown. The City Manager stated the DDA is a separate
and independent organization and they get ads in different magazines and newspapers
and recently ran an ad in USA Today that was a nationwide ad advertising downtown
Delray Beach, they work with merchants, do the holiday promotions for Valentine's Day,
Christmas, etc. and many different things to promote the downtown.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 54 -10, the public hearing was closed.
Mr. Frankel moved to approve Resolution No. 54 -10, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie --- Yes; Mr. Eliopoulos — Yes. Said motion
passed with a 5 to 0 vote.
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09/21/10
10.E. RESOLUTION NO. 55 -10 (BUDGET ADOPTION FOR FY 2011): A
resolution making appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the period October 1, 2010 through September 30, 2011.
The caption of Resolution No. 55 -10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MAKING APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE
CITY OF DELRAY BEACH FOR THE PERIOD
FROM THE 1st DAY OF OCTOBER, 2010, TO THE
3 0" DAY OF SEPTEMBER, 2011; TO PRESCRIBE
THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF
APPROPRIATIONS AND THEIR PAYMENT; AND
TO REPEAL ALL RESOLUTIONS WHOLLY IN
CONFLICT WITH THIS RESOLUTION AND ALL
RESOLUTIONS INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(The official copy of Resolution No. 55 -10 is on file in the City Cleric's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Manager stated Resolution No. 55 -10 adopts the budget in
Exhibit "A" and this resolution has a total General Fund budget of $93,354,710.00 and
the total budget for all funds is $142,569,473.00. The budget is approximately
$6,000,000.00 less than last year. The City Manager stated the budget in Exhibit "A"
includes the changes and cost reduction measures that were discussed last evening.
Mayor McDuf c declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 55 -10,
the public hearing was closed.
Mr. Frankel moved to approve Resolution No. 55 -10, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel Yes; Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion
passed with a 5 to 0 vote.
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09/21/10
10.E.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan and FY 2010 -11 through FY 2014 -15 Capital Improvement Budget
are consistent with the Comprehensive Plan, and approve same.
Paul Dorling, AICP, Director of Planning and Zoning, stated this item was
considered by the Planning and Zoning Board last night and the Board recommended
approval and found that it was consistent with the Comprehensive Plan.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the Five Year Capital
Improvement Plan, the public hearing was closed.
Mrs. Gray moved to approve the Five Year Capital Improvement Plan,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray --
Yes; Mayor McDuffie — Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer - Yes; Mr. Frankel —
Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 32 -10: An ordinance amending Chapter 51,
"Garbage and Trash ", of the City Code of Ordinances by amending Section 51.70,
"Regular Charges Levied ", to provide for decreased residential and modified commercial
collection service rates for FY 2011.
The caption of Ordinance No. 32 -10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE, AND
TRASH ", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED ",
TO PROVIDE FOR DECREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2011; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 32 -10 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.
22
09 /21 /10
The City Manager stated the ordinance provides for reducing the
collection charges for Solid Waste for regular curbside collection and the reduction is .40
per month; for rear -door collection the reduction is .73 per month; for commercial
containers the collection charge is decreased. He stated the Solid Waste Authority has
increased the disposal charge so the net result of that is that most commercial waste will
go up but this is because of the Solid Waste Authority charge not because of the charge
that the City and its contractor imposes. The City Manager stated with the single - family
homeowners' you get that charge on your tax bill and it is not part of what you pay in the
monthly service charge.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 32 -10,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 32 -10 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes;
Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
10.G. ORDINANCE NO. 23 -10 SECOND READING /SECOND PUBLIC
HEARING): Consider a city initiated amendment to the Land Development Regulations
Section 4.3.3 "Special Requirements for Specific Uses ", to enact a new Subsection
(KKK) establishing regulations for Live /Work. Units; amending Section 4.4.12 "Planned
Commercial District ", Subsection (D) "Conditional Uses and Structures Allowed ",
Section 4.4.13 "Central Business District ", Subsection (D) "Conditional Uses and
Structures Allowed "; Section 4.4.29 "Mixed Residential, Office and Commercial ",
Subsection (E) "Conditional Uses and Structures Allowed" to allow Live /Work units as a
conditional use; and amending Appendix "A" "Definitions" to provide a revised
definition for "Live /Work Unit ". (Staff requester) this item be postponed to the October
5, 2010 Regular Meeting to comply with public hearing advertising requirements).
10.H. ORDINANCE NO. 29 -10: Consider an ordinance amending Chapter
110, "Local Business Taxes Generally ", of the Code of Ordinances by amending Section
110.15, "Local Business Tax Schedule ", in order to include "Pharmacies" among the
categories of businesses requiring a Local Business Tax Receipt.
The caption of Ordinance No. 29 -10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 110, "LOCAL BUSINESS
TAXES GENERALLY" BY AMENDING SECTION
110.15, "LOCAL BUSINESS TAX SCHEDULE" IN
ORDER TO INCLUDE PHARMACIES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
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09/21/10
(The official copy of Ordinance No. 29 -10 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this
ordinance is to provide that pharmacies will be included among the categories of
businesses requiring a Local Business Tax Receipt based on Ordinance No. 27 -10
adopted earlier this evening. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the City of Delray
Beach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 29 -10,
the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 29 -10 on Second and FINAL
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel --- Yes; Mrs. Gray — Yes; Mayor
McDuffie — Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved back to Item 13, Comments and
Inquiries on Non - Agenda Items.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Mana er
The City Manager stated Commissioner Gray made an inquiry about
attendance and revenue at the Pompey Park pool for July and August of 2009 and 2010.
In 2009 the July attendance was 4,273 and in July 2010 the attendance was 3,443; in
August 2009 the attendance was 1,593 and in August 2010 the attendance was 942.
However, the attendance figures for 2009 included three summer camps (Pompey Park,
Community Center, and Pine Grove) visiting the pool twice a week during July and early
August. In 2010, there was no summer camp at Pine Grove and attendance was down at
the other two `remaining camp sites as well. The City Manager stated he suspects the
decrease was due to the decrease in summer day camp children going to the pool. He
stated the revenue in 2009 was $808.00 for July and August and in 2010 the revenue was
$1,456.03. The City Manager stated the increase of revenue in 2010 can be attributed to
the increase of daily users other than camps and the rental of the shade canopy for parties
which was in fact due to the expanded hours of operation.
The City Manager stated there was also a question about XPE Sports
(a/k/a Prep and Sports, Inc.), and in the fall of 2009 the City entered into a license
agreement with Prep and Sports, Inc. to provide a year -round sports training camp free to
all children eligible to play at the Seacrest Soccer Complex. Prep and Sports installed
training equipment and artificial turf at the Seacrest Soccer Complex that can be used by
the public as well as Prep and Sports Professional Football Sports Camp and Sports
24
09/21/10
Training Camp on specific dates and times as outlined in the agreement. In addition to
the license agreement, Prep and Sports verbally agreed to include a mentoringhutoring
component for their campers. Prep and Sports hosted a summer camp during the months
of June and July where approximately 36 students from various local high schools
attended. The academic academy was held at Village Academy on Monday and
Wednesday from 8:00 -11:30 and on Tuesday, Thursday, and Friday, the campers trained
at the Seacrest facility from 10:00 - 11:30. During the high school football season, Prep
and Sports does not run its training camp; they do, however, continue the academic ACT
tutoring and skill building activities for their campers on Saturday. The City Manager
stated they have followed through with that portion of their agreement.
The City Manager stated Delray Beach hosts several youth tennis
tournaments and passed around plaques the City received (the first is for the Summer
Smash held earlier in the summer and the second one is for the boy's tournament ages 16-
18).
The City Manager stated he is pleased to report that the City has a
tentative three year agreement with the SEIU and they will vote on this next week.
Lastly, the City Manager stated there is a Palm Beach County League of
Cities meeting at the Golf Course tomorrow.
O.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
O.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non - agenda items.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he met with the developer for Atlantic Plaza
regarding their utilities and asked the City Manager to look into this.
Secondly, Mr. Eliopoulos commented about the Impasse Hearing
yesterday with regards to the Police Department. Mr. Eliopoulos stated we need to look
for new counsel and he was not happy with the way Mr. Carson spoke with regards to the
issues and feels both Police and Fire has had better representation in the past. Mr.
Eliopoulos stated Mr. Carson sent him an email today stating why he was not at the
hearing and he sympathizes for his family and /or the passing of an individual. However,
Mr. Eliopoulos stated there have been plenty of other times when they have been in
meetings that he feels Mr. Carson is "not there ". Mr. Eliopoulos stated for what the City
is paying and what we need to represent our city he feels we can do better.
25
09/21/10
Mr. Eliopoulos stated the shuttle was packed on Saturday night and he is
happy to see it being used.
Lastly, Mr. Eliopoulos asked what date will the Auburn Group present a
response to the Commission regarding the hiring practices. The City Manager stated that
the Auburn Group will present a response to the Commission on Monday, September 27,
2010.
13.C.3. Mrs. Gray
Mrs. Gray stated the Delray Rocks is having their Homecoming this
weekend and asked everyone to come out and support them.
Secondly, Mrs. Gray stated last night there was some discussion about an
agreement forthcoming regarding the maintenance of the Seacrest Soccer Complex. The
City Manager stated this agreement will be coming to the Commission.
Lastly, Mrs. Gray stated the Community Redevelopment Agency (CRA)
has new places for approximately 15 bus shelters and asked where these are going to be
located. The City Manager stated he can find out where these are going to be located and
report back to `the Commission.
13.C.4. Mr. Frankel
Mr. Frankel had no comments or inquiries on non - agenda items.
13.C.5. Mayor McDuffie
Mayor McDuffie read a card from Shelly Weil and his wife regarding the
passing of their son.
Secondly, Mayor McDuffie stated he has been challenged by Mayor Susan
Whelchel of Boca Raton to participate in "Bartending Challenge ". Mayor McDuffie
stated the Rotary Club of Boca Raton and the Sunrise Rotary Club of Delray Beach is
sponsoring a "Bartending Challenge" at Duffy's Sports Grill on Thursday, October 14,
2010 from 5:30 -7:30 p.m. and the proceeds from the event go to promote youth literacy
in our communities.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 7:34 p.m.
City Clerk
P
09/21/10
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 September 21, 2010, which Minutes were formally approved and adopted by the City
Commission on October 5, 2010.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
27
09/21/10
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST RELATING TO A TEMPORARY USE PERMIT
TO ALLOW THE USE OF A MODULAR KITCHEN FACILITY DURING THE
RENOVATION' OF THE EXISTING MARRIOTT HOTEL KITCHEN
I . This waiver request to allow a temporary use permit to allow the use of a
modular kitchen facility during the renovation of the existing Marriott Hotel kitchen came
before the City Commission on September 21, 2010.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the temporary use
permit_ All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I.
1. WAIVER TO ALLOW A TEMPORARY USE PERMIT FOR A MODULAR
KITCHEN FACILITY AT THE MARRIOTT HOTEL:
LDR Section 2.4.6(F) provides of a list of allowable temporary uses. The
Applicant is requesting a waiver to Section 2.4.6(F) to permit the use of a temporary
modular kitchen to be located at the Marriott Hotel.
Pursuant to LDR Section 2.4.7(B)(5), prier to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
Does the waiver request subject to the conditions attached in Exhibit "A"
meet all the requirements of 2.4.7(B)(5)?
Yes ✓ No
Board Order Item 9.A,
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies the waiver request to LDR Section 2.4.6(F) subject to the conditions listed in
Exhibit W attached hereto.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 21st day of September, 2010, by a vote of 4 favor` d —0
opposed. r
ATTEST:
Chevelle Nubin, City Clerk
Nelson S. McDuffie,
Board Order Item 9.A.
Exhibit "A"
Conditions Related to the Waiver Request to
Allow an a Temporary Modular Kitchen at the Marriott Hotel
9. The Temporary Use Permit shall not be effective until the issuance of a permit
for the kitchen modifications.
2. That the temporary modular kitchen be removed from the property and the area
restored to its original use pursuant to the site plan of record concurrent with the
issuance of a Certificate of Occupancy for the kitchen modifications, but in no
j event shall the Temporary Use Permit be valid for more than 6 months.
Board Order Item 9.A.
FORM SB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Elio ouloss, Gary
Delra each City Co»ssion
MAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 Geor a Bush Boulevard
WHICH I SERVE IS A UNIT OF:
g! CITY ❑ COUNTY Q OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
Delray Beach, Florida. 33444 Palm Beach
Cit °of_ Delra Beach
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
9/21/2010
gX ELECMVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee_ It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes,
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Soo. 1$3.358 or
1$3.357, F.S., and officers of independent special tax districts elected on a one-acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business assodaW' means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict.
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF.112000 Item 9.A. PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file It within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed_
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Gary Eliopou].ns hereby disclose that on September 21 2010
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss,
XX inured to the special gain or loss of my business assoaa Elfin Architecture, Inc.
— inured to the special gain or loss of my relative,
___. Inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows,
Architects
_ 9/21/2010
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000_
CE FORM 8B - EFF. 112000 PAGE 2
FORM SB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME.
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Brio autos Ga
Ael a Seach Cit CounIssion
MAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 Geor a Bush Boulevard
WHICH I SERVE IS A UNIT OR
XI CITY O COUNTY ❑ OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
I)e]Lray Beach, Florida 33+44 Palm Beach
fit of Delr a Beach
MATE ON WHICH VOTE OCCURRED
MY POSITION 18:
9/21/201U
XR. ELECTIVE LI APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, Or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities underthe law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec_ 163356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
,k F k i * # t * ♦ * * * * k k *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF.1/2000 IfeA 8-C. = Item 9 _ A,.A.. PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes_ A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, gar Eliou oulos hereby disclose that on Septe inr- 21 20 10
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
XX inured to the special gain or loss of my business associate, GE_Arrchitecture, 11ic.
Inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom 1 am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before iffy agency and the nature of my conflicting interest in the measure is as follows:
Archicecc
9121/2010
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY 13E PUNISHED BY ONE OR MORE OF THE FOLLOWING; IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 6B - EFF.112000 PAGE 2
FORM SB MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliogoulos, Gary
Delray Beach C:Lty Commission
MAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 Ceor a . -Bush Boulevard:':
WHICH I SFRVE IS A UNIT OF:
XCITY U COUNTY 0OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
Citv of Del-xa-y Beach
Delra Beach Florida 33444 Palm Beach
DATE ON WHICH VOTE OCCURRED
9/21/201 0.
MY POSITION IS:
XX ELECTIVE 13 APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate_ Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of Independent special tax districts elected on a one-acre., one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother-in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8H -EFF. 1120DO Item $.L.2. = item 4.A..A.A. PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating_
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the farm must be read publicly at the next meeting after the form is fled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Gary Elioupoulos hereby disclose that on September 21 20 _IQ_:.
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
Inured to the special gain or loss of my business associate, _ GB Architecture, Tuc., ;
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Architect
9121/2010
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES '§112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
GE FORM 813 - EFF. 112000 PAGE 2