04-05-11 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
~ ~ ~r
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday, Apri15, 2011 and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444 The City wiIl furnish auxiliary aids and ser~Tices to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (1Lx~-or 1Lc~I7uffie noted Ttem ~ EI }__e~tension of 1lgreement ~,vith (.~uality
'T'ransport Services, Tnc~./I~o~,vnto~,vn Roundal_7out Shuttle System, ,vas mo~-ed to the Regular 1lgenda as
Ttem 9.11..11.11.11..11.., Ttem Q.J.S., Re~-ie~,v of 1lppealal_71e Land I7e~-elopment F3oard 11c~tions, Site Z?lan
Re~-ie~,v and 1lppearanc~e F3oard (SPR~1F3), ,vas mo~-ed to the Regular 1lgenda as Ttem 9.11.11., Ttem Q.J.G.
Re~-ie~,v of the 1lppealal_71e band I7e~-elopment F3oard 11c~tions, Site Z?lan Re~-ie~,v and 1lppearanc~e F3oard
(SPR1F3), ,vas moved to the Regular 1lgenda as 9.11.11.11., Ttem ~.1~:.2., C:ontrac~t 11~,vard/SC.S }engineers,
,vas mo~-ed to the Regular 1lgenda as Ttem 9.11.1111.11; the applicant requested Ttem 9.C:., C:onsideration
of an 1lppeal/'T'he } electric } e~perienc~e, 1.7e ~,vithdra~,vn from the agenda. 1lppro~-ed as amended, 5-0).
5. APPROVAL OF MINUTES:
A. March 15, 2011 -Regular Meering (Approved, 5-0)
B. March 31, 2011 -Annual Organizational Meering (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Frances Strainge Carter
B. Recognizing and Commending the Delray Divas Step Dance Teams
C. Narional Financial Literacy Month -April 2011
D. Earth Month -April 2011
7. PRESENTATIONS:
A. 22ii4 Annual Delaire/Delray Cirizens for Delray Police Charitj= Golf Tournament
Presentation to Police and Fire-Rescue - Perrj= DonFrancisco
B. Beach Area Master Plan -Beach Propertj= Owners' Association (BPOA)
C. Delray Beach Municipal Marina Designarion as a Clean Mazzna
D. Advanced Life Support (ALS) Team Championship Plaque
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 5-0)
A. QUEST FOR SIDEWALK DEFERRAL/302 N.E. 7th AVENUE: Approve a
request to defer the installation of a sidewalk along N.E. 3rd Street for the property=
located at 302 N.E. 7th Avenue.
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B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/TOTTERDALE TOWING
SERVICE: Approve and accept two (2) right-of-wad= deeds associated with Totterdale
Towing Service located on the northeast corner of N.W. 18th Avenue and Mart= Fladell
Drive at 101 N.W. 18th Avenue.
C. RESOLUTION NO. 11-11/ABANDONMENT OF A UTILITY EASEMENT:
Approve abandonment of a 10' x 106' utility easement located on the property at 1020
South Vista Del Mar Drive.
D. AGENCY ACCESS AGREEMENT: GULFSTREAM POLICE
DEPARTMENT-SUNGARD PUBLIC SECTOR, INC.: Approve an Agency=
Access Agreement with Gulfstream Police Department and SunGard Public Sector, Inc.
to allow limited right to use the software provided b~= SunGard which will provide
updated dispatching services for the Gulfstream Police Department.
E. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING
REHABILITATION CONTRACT AWARD: Approve one (1) Housing
Rehabilitation contract award for 124 S.W. 8th Court to Abisset Corporation, the lowest
responsive bidder, in the amount of $25,504.71 for housing rehabilitation under the
Disaster Recoverj= Initiative (DRI) Program. Funding is available from 118-1960-554-
49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation).
F. NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT: Approve
the National Pollutant Discharge Elimination S~=stem (NPDES) Third Term Permit
Interlocal agreement between the Cit= and the Northern Palm Beach Count=
Improvement District (NPBCID).
G. INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL
INITIATIVES (,ICLEI) USA GRANT APPLICATION: Authorize staff to submit
an International Council for Local Environmental Initiatives (ICLEI) USA grant
application, for the Green Business Challenge project.
H. MOVED r0 I rEM 9.A.A.A.A.A. ON rHE REGULAR AGENDA
I. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve
a special event request to endorse Art and Jazz on the Avenue to be held on May 19,
2011 from 6:00 p.m. to 10:00 p.m., to grant a temporarj= use permit per LDR Section
2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of E. 7th
Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley=,
and to the alleys north and south of Atlantic on E. 1 st Avenue, E. 2nd Avenue, S.E. 3rd
Avenue, and E. 4`h Avenue; to authorize staff support for securit=, traffic control,
banner hanging and removal, barricade set up and removal, trash removal and clean up
and EMS assistance, with pad=ment of costs to the Cit= per Special Event Policies and
Procedures.
J. MOVED TO ITEM. 9.A.A. AND ITEM. 9.A.A.A. ON THE REGULAR.
AGENDA
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K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Garber Chevrolet in the amount of X22,510.00 for one (1) 2011
Chevrolet Impala with options for the Police Department. Funding is available
from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive).
z. MOVED TO I TEM. 9.A.A.A.A. ON TIE REGULAR AGENDA
3. Purchase award to Dell in the amount of $21,896.96 for a Native SAS Tape
Drive for the City's data backup system. Funding is available from 334-6112-
519-64.11 (General Construction Fund: Machinery/Equipment/Computer
Equipment).
4. Purchase award to CDW-G in the amount of $37,574.75 for the Imprivata
Software package to comply= with FDLE securitj= requirements which pertain to
the Department's implementation of the new SunGard/OSSI Public Safetj=
Software S~=stem; contingent upon approval of the final agreement b~= the City=
Attorney. Funding will come from the Federal Forfeiture account 115-2112-
521-66.10 and will not be taken from General Revenue).
5. Purchase award to Garber Chevrolet in the amount of $18,909.00 for one (1)
Chevy 2500 Van for the Crime Scene Unit. Funding is available from 001-2115-
521-64.20 (General Fund: Machinery=/Equipment/Automotive).
(ADDENDUM)
9. REGULAR AGENDA:
AA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 14, 2011 through April 1, 2011. (1~Iotion to appeal and move SPRAB Item 8.J.5.,
Burgerfi, to the 11pri121, 2011 Regular 1Leeting. 1lppro~-ed, 5-0)
AAA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 14, 2011 through April 1, 2011. (1~Iotion to appeal and move SPRAB Item 8.J.6.,
Boston's Restaurant, to the 11pri121, 2011 Regular 1Leeting. 1lppro~-ed, 5-0)
r1r1r1A. Contract award to SCS Engineers in the amount of $25,742.00 for preparation of
construction documents and specifications for the installation of improvements and
equipment for mitigation of combustible gases at the Robert P. Miller Park facilities.
Funding is available from 334-4173-572-63.90 (General Construction Fund:
Improvements Other/Other Improvements). (~1~~Iotion to approve, Approved, 5-0)
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A A A A A. EXTENSION OF AN AGREEMENT WITH QUALITY TRANSPORT
SERVICES, INC. /DOWNTOWN ROUNDABOUT SHUTTLE
SYSTEM: Approve Extension of the Agreement with Quality= Transport Services,
Inc. for six (6) months to operate the Downtown Roundabout Shuttle S~=stem. Funding
is available from 001-3151-545-34.90 (General Fund: Operation Expenses -
Misc~Other Contractual Services). (1~~Iotion to approve, Approved, 5-0)
A. WAIVER REOUEST/GERMAN AUTO WORLD: Consider a request to waive
Land Development Regulations (LDR) Secrion 6.1.2(C)(3)(a), "Paving Widths", to allow
20.5' where a 24' minimum pavement width is required for German Auto World located
at 2165 West Atlantic Avenue. (Quasi-judicial Hearing) (~~Iorion to adopt board order
as presented; 1lppro~-ed, 5-0)
B. WAIVER REQUEST/ATLANTIC OCEAN CLUB: Consider approval of a
waiver request to Land Development Regulations (LDR) 4.3.4(H)(4), "Structures
Allowed in Setbacks", to allow a statue and pedestal to be located within the building
setback for Atlantic Ocean Club (f/k/a Bob's Famous Bar) located at 217 & 219 East
Atlantic Avenue. (Quasi Judicial Hearing) (1~~Iotion to adopt board order as presented;
1lppro~-ed, 5-0)
C. CONSIDERATION OF AN APPEAL/THE ELECTRIC EXPERIENCE:
Consider an appeal from the Director of Planning & Zoning's administrative
interpretarion of Land Development Regularions (LDR) Section 4.4.13, "Central
Business District (CBD)", which denied motorized bic~=cles as an allowed use for The
Electric Experience, located at 1047 East Arianric Avenue. (Quasi Judicial Hearing]
DWI THDRA ~
D. CONSIDERATION OF AN APPEAL/ANYTHING AND EVERYTHING
AUTO, INC.: Consider an appeal of an administrative interpretarion b~= the Director
of Planning & Zoning for And=thing and Even=thing Auto, Inc. located at 1865 Dr.
Andre's Way. (Quasi Judicial Hearing) (1~~Iotion to adopt board order as presented;
1lppro~-ed, 5-0)
E. REOUEST FOR AN IN-LIEU OF PARKING SPACE /CHAMPAGNE
WISHES INVESTMENTS, INC.: Consider a request from Champagne Wishes
Investments, Inc. for the purchase of one (1) in-lieu of parking space in the amount of
$18,200.00 to accommodate an expansion of use. Champagne Wishes Investments, Inc.
is located at 900 East Atlantic Avenue, Unit 17. (Quasi Judicial Hearing)) (1~~Iotion to
adopt l_7oard order as presented; 1lppro~-ed, 5-0)
F. WAIVER REOUEST/THE BACK ROOM: Consider a request to waive Land
Development Regulations (LDR) Secrion 4.3.3(~(3)(a), "Prohibirion b~= Proximitj=
(Schools and Churches)", to allow the establishment of a stand-alone bar in a building
within 300' of a school for The Back Room located at 2222 W. Atlanric Avenue.
(Quasi Judicial Hearing)) (1~~Iotion to adopt board order as presented; Approved, 5-0)
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G. CONTRACT AWARD/AMERISTAR PARKING SOLUTIONS: Consider
approval of a contract award to Ameristar Parking Solutions in the amount of
$87,913.80 for management of the parking faciliries. Funding is available from 001-
3151-545-34.90 (General Fund: Operarion Expenses - Misc~Other Contractual
Services). (ilLotion to approve,llppro~-ed, 5-0)
H. BID AWARD/VILA AND SONS LANDSCAPING CORPORATION: Consider
approval of a bid award to Vila and Sons Landscaping Corporarion, third lowest bidder,
in the estimated annual amount of $37,847.44 for landscape maintenance of Stormwater
Retention Areas. Funding is available from 448-5416-538-34.90 (Stormwater Utilitj=
Fund: Other Operating/Other Contractual Service). (1~~Iotion to approve, Approved, 5-0)
I. BID AWARD: MULTIPLE VENDORS/AUTOMOTIVE PARTS: Consider
approval of multiple bid awards in the estimated amount of X103,202.43 for the
purchase of automotive parts stocked in the Purchasing Warehouse. Some awards are to
second and third low bidders. Funding is available from 501-3311-591-52.50 (Garage
Fund: Operating Supplies/External Parts). (1~~Iotion to approve, Approved, 5-0)
APPOINTMENT OF OUTSIDE COUNSEL FOR RICHARD WEINSTEIN
PERSONAL REPRESENTATIVE OF THE ESTATE OF JASON
WEINSTEIN, DECEASED v. CITY OF DELRAY BEACH: Consider approval
to appoint Fred Gelston, P.A. as outside counsel in the case of Richard Weinstein, as
Personal Representarive of the Estate of Jason Weinstein, Deceased v. Citj= of Delra~=
Beach at the rate of X140.00 per hour. (1~~Iotion to approve, Approved, 5-0)
K. REJECTION OF ALL BIDS/FLEET TIRE BAY ROOF: Consider a request to
reject all bids and re-adverrise Bid #2011-08 for re-roofing the Fleet Tire Bay. (1~~Iotion
to reject all l_7ids and re-advertise Bid #2011-0~, 1lppro~-ed, 5-0)
L. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY VICE
CHAIR: Appoint a Vice Chair for the Community= Redevelopment Agency=. (1ppointed
Peter 11rts and appro~-ed 5-0)
M. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (1) regular member to the Communitj= Redevelopment
Agency (CRA) to serve an unexpired term ending July 1, 2011. Based upon the rotation
system, the appointment will be made by Commissioner Frankel (Seat #3). (Appointed
Brian C:heslack and appro~-ed, 5-0)
N. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board to serve an unexpired term
ending January 14, 2013. Based upon the rotation system, the appointments will be
made by Mayor McDuffie (Seat #5). (Appointed Jason Dollard and approved, 5-0)
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O. APPOINTMENTS TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint two (2) regular members to the Green
Implementation Advancement Board to serve unexpired terms ending July 31, 2011.
Based upon the rotation system, the appointments will be made by Commissioner Gray
(Seat #4) and Mayor McDuffie (Seat #5). (Appointed Stephanie (Chloe) Bedenbaugh and
appro~-ed 5-0. 1ba~-or 1Lcl7uffie's appointment ,vas DEFE1212ED to the 11pri1 21, 2011
Regular Commission 1Leeting)
P. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular
member to the Civil Service Board to serve a two (2) year term ending April 1, 2013.
Based upon the rotation system, the appointment will be made by Commissioner Fetzer
(Seat #2). (1ppointed I arrv Ialkin and appro~-ed, 5-0)
Q. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2)
regular members to the Financial Review Board to serve unexpired terms ending July
31, 2011 and one (1) alternate member to serve an unexpired term ending July 31, 2011.
Based upon the rotation system, the appointments will be made by Commissioner Gray
(Seat #4), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3).
(1ppointed John F-Iallahan and appro~-ed, 5-0; 1ppointed Jeff EZitter and appro~-ed 5-0;
1ppointed 111exander Simon and appro~-ed 5-0)
R. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) Citizen-at-Large Representative to the Parking Management
Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the
rotation system, the appointment will be made by Commissioner Frankel (Seat #3).
(1ppointed Brain Rosen and appro~-ed, 5-0)
S. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police
and Firefighters Retirement System Board of Trustees for a two (2) year term ending
Apri122, 2013. Based upon the rotation system, the appointment will be made by Mayor
McDuffie (Seat #5). (ldayor 1~~IcL7uffie's appoinTinent was DEFEIiIiED to the April 21,
2011 Regular Commission 1Leeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 06-11: A Privately initiated Future Land Use Map amendment
from (Medium Density= Residential 5-12du/ac) to GC (General Commercial) and
rezoning from RM (Medium Density= Residential) to AC (Automotive Commercial) for
a 0.287 acre parcel located immediately east of the existing Presidential Auto Leasing
and Sales at the southeast corner of South Federal Highway and Avenue "L".
(1lppro~-ed, 5-0)
B. ORDINANCE NO. 05-11: Consider amending Chapter 132, "Offenses Against Public
Peace And Safet~', by enacting Section 132.10, "Electric Personal Assistive Mobility
Devices, (EPAMDS)", to regulate the use of such devices on city= streets and sidewalks.
(1lppro~-ed, 5-0)
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C. ORDINANCE NO. 04-11 (SECOND READING/SECOND PUBLIC
HEARINGI: Privately= iniriated amendment to the Land Development Regulations
(LDR) Section 4.4.13, "Central Business District", Subsecrion (D), "Condirional Uses
and Structures Allowed", to add "Escorted Segwa~= Tours" as a conditional use and
amending Section 4.3.3, "Special Requirements for Specific Uses", to enact a new
Subsecrion (ZZZZ), "Segwa~= Tours and Segwa~= Sales", to provide for specific
requirements for the establishment and operation of such uses; and amending Appendix
cc~» ccDefin1t10r1S". (Approved, rJ-0)
D. ORDINANCE NO. 10-11 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider amending the Land Development Regulations (LDR) b~=
repealing Secrion 4.3.3(d), "Residential and Non-Residential Licensed Service Provider
Faciliries" in its entirety=; amending Secrions 4.4.2, "Rural Residential (RR) Zone
District", 4.4.3, "Single Family Residenrial (R-1) Districts", 4.4.5, "Low Density
Residential (RL) District", 4.4.6, "Medium Density= Residenrial (RM) District", 4.4.7,
"Planned Residenrial Development (PRD) District", 4.4.17, "Residential Office (RO)
District", 4.4.24, "Old School Square Historic Arts District (OSSHAD)", 4.4.29, "Mixed
Residential Office and Commercial (MROC) District", to include residenrial licensed
service provider facilities among the list of permitted uses in these zoning districts;
amending Secrions 4.4.6, "Medium Densitj= Residential (RM) District"; 4.4.9, "General
Commercial District" (GC), 4.4.13, "Central Business District (CBD), 4.4.16,
"Professional and Office District", 4.4.17, "Residential Office (RO) District' ; and
4.4.24, "Old School Square Historic Arts District (OSSHAD)"; to clarify= that residenrial
licensed service provider faciliries and nursing homes are allowed where other
residential uses are allowed in these zoning districts; amending Appendix "A",
"Definitions", in order to provide updated definitions of "Residential Licensed Service
Provider" and "Non-Residenrial Licensed Service Provider". (Approved, 5-0)
E. ORDINANCE NO. 09-11 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider amending the Land Development Regularions (LDR) b~=
amending Secrions 4.4.12, "Planned Commercial (PC) District; 4.4.15, "Planned Office
Center (POC) District", 4.4.21, "Community Faciliries (CF) District"; enacting a new
Secrion 4.5.18, "Medical Arts Overlay= District", to provide for the creation and
implementarion of the Medical Arts Overlay= District; and amending Appendix "A",
"Definitions", of the Land Development Regularions (LDR) to define "Insriturional
Uses". (Approved, 5-0)
F. ORDINANCE NO. 11-11: Consider a city=-initiated amendment to Land Development
Regularions (LDR) Appendix "A", "Definitions", to provide a revised definition for
Medical Office. (Approved, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. Citj=Manager's response to prior public comments and inquiries.
B. From the Public.
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12. FIRST READINGS:
A. ORDINANCE NO. 13-11: Consider a city=-iniriated amendment to the Land
Development Regulations (LDRs) Section 4.6.9(E)(3), "In-Lieu Fee", modify=ing the in-
lieu fee assessed within the Pineapple Grove Main Street (expansion) Area. If passed, a
public hearing will be passed on April 21, 201 L (Approved, 5-0)
B. ORDINANCE NO. 14-11: Consider a city=-initiated amendment to the Land
Development Regularions (LDRs) Secrion 7.9.11, "Boatlifts", to clarify setback
requirements. If passed, a public hearing will be held on April 21, 201 L (Approved, 5-0)
C. ORDINANCE NO. 15-11: Consider amending Chapter 33, "Police and Fire-Rescue
Departments' ;amending Secrion 33.62, "Benefit Amounts and Eligibilitj=", Subsection
(E), "Disabilitj= Rerirement Provisions", Sub-Subsection (5), "Disabilitj= Retirement
Benefits", to increase the minimum service incurred disabilitj= benefit for firefighters;
and amending Section 33.64, "Contriburions", Subsecrion (A), "Member
Contributions", to increase member contributions for firefighters. If passed, a public
hearing will be held on April 21, 201 L (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: APRIL 1, 2011
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