04-03-07 Minutes RegAPRIL 3, 2007
A Regular Meeting of the City Commission of the City of Dekay Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, Apri13, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Mayor Rita Ellis
Absent - Commissioner Brenda Montague
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. McDuffie requested that Item 8.D., Change Order No. 5/Duraclean
D/B/A the Principle Group, LLC, of the Consent Agenda be moved to the Regular
Agenda as Item 9.A.A.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4
to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Organizational
Meeting of March 29, 2007, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. National Public Works Week - May 20-26, 2007
04/03/07
Mayor Ellis read and presented a proclamation hereby proclaiming the
week of May 20 through May 26, 2007 as National Public Works Week in Delray Beach,
Florida. Richard Hasko, Director of Environmental Services, came forward to accept the
proclamation and gave a few brief comments.
6.B. Delra_y Beach Medical Center Day - Auri13, 2007
Mayor Ellis read and presented a proclamation hereby proclaiming April
3, 2007 as Delray Medical Center Day. Robert Kreiger, CEO of Delray Beach Medical
Center, came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT/GRAMERCY SOUARE -PLAT II:
Approve the subdivision plat for Gramercy Square -Plat II, a 57 unit, townhome
development located on the west side of Military Trail, approximately 700' south of West
Atlantic Avenue.
8.B. REQUEST FOR SIDEWALK DEFERRAL/855 SOUTH OCEAN
BOULEVARD: Approve a request to defer the installation of a sidewalk in front of
855 South Ocean Boulevard.
8.C. HOLD HARMLESS AGREEMENT/2492 S CORAL TRACE
CIRCLE: Approve and accept a hold harmless agreement to allow the property owner
to install a fence across the existing right-of--way, along the west, south and east property
lines, located at 2492 S Coral Trace Circle.
8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.E. SERVICE AUTHORIZATION NO. 1.4/CH2M HILL. INC.: Approve
Service Authorization No. 1.4 (Amendment 4 to Service Authorization No. 1) to CH2M
Hill, Inc. in the amount of $7,500.00 for professional services for meeting with the
Florida Department of Environmental Protection (FDEP) and Palm Beach County Health
Department (PBCHD) regarding re-permitting the Aquifer Storage and Recovery Well.
Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement
Fund/Other Repair & Maintenance Costs).
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04/03/07
8.F. FUNDING AGREEMENT/PALM BEACH COUNTY/DELRAY
BEACH STEP TEAM COMPETITION: Approve and accept an agreement between
the City and Palm Beach County to allow the Recreation Assistance Program (RAP)
District 7 to reimburse the City in an amount up to $4,000.00 for the Delray Beach Step
Team Competition for eligible expenses incurred within the time frame of January 1,
2007 through May 25, 2007.
8.G. FUNDING AGREEMENT/PALM BEACH COUNTY/2007
INVITATIONAL FRIENDSHIP TOURNAMENT: Approve and accept an agreement
between the City and Palm Beach County to allow the Recreation Assistance Program
(RAP) District 7 to reimburse the City in an amount up to $5,000.00 for the 2007
Invitational Friendship Tournament for eligible expenses incurred within the time frame
of May 1, 2007 and June 30, 2007. The City will host this baseball and softball
tournament on May 25 to May 27, 2007 at Pompey Park in conjunction with the Delray
Beach American Little League.
8.H. SPECIAL EVENT REQUEST/2007 EXCLUSIVE SPORTS
MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive
Sports Marketing for the 2007 Exclusive Sports Marketing Volleyball Tournament to be
held at the municipal beach on May 5 and May 6, 2007 subject to receipt of revised
insurance certificate.
8_I. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve two (2) Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $30,303.00 to Craftsman Plus for 704 SW Stn
Court, and in the amount of $36,188.25 to Sun Band Builders Construction, Inc. for 917
SW 3rd Court. Funding is available from 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
8_J. AGREEMENT/NAVARRO SECURITY GROUP: Approve a six (6)
month agreement with Navarro Security Group in an estimated cost of $22,048.00 for
security services at Pompey Park from April 1, 2007 to September 30, 2007. Funding is
available from 001-4127-572-31.90 (General Fund/Other Professional Services).
8.K. AMENDMENT/OFF SITE PARKING AGREEMENT: Approve an
amendment to the Off Site Parking Agreement between the City, 60 %i LLC and DHBH
Atlantic LLC associated with the preliminary/final DHBH #1 Plat. The amendment is
due to the discovery of an extra parking space on one of the parcels subject to the
agreement. .
8.L. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Chaz Equipment Company, Inc. in the amount
of $25,000.00 for Sanitary Sewer Manhole Rehabilitation under
the terms and conditions of the current annual contract. Funding is
available from 442-5178-536-63.82 (Water/Sewer Renewal &
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04/03/07
Replacement Fund/Sanitary Sewer Manhole Rehabilitation).
2. Contract award to Hartzell Construction, Inc. in the amount of
$24,565.00 for the exterior and interior renovation of the
concession stand building at the old Atlantic High School.
Funding is available from 001-4149-572-63.40 (General
Fund/Recreation Improvements).
3. Purchase award to Line-Tec, Inc. in the amount of $25,000.00 via
the City of Boynton Beach, Bid #027-2821-07/JA for the Water
Service Relocation Program. Funding is available .from 442-5178-
536-65.17 (Water/Sewer Renewal & Replacement Fund/Water
Service Relocations).
4. Contract award to South Florida Construction Services, Inc. in the
amount of $24,920.00 for Fire Station #3 Officer Quarters
Remodeling Project. Funding is available from 001-2311-522-
62.10 (General Fund/Buildings).
5. Contract awazd to Sports Turf One, Inc. in the amount of
$37,610.33 for the renovation of the south athletic field of the
former Atlantic High School football field. Funding is available
from 380-4150-572-63.49 (2004 G.O. Bond/Improvements
Other/Soccer Complex).
6. Purchase award to Wesco Turf Supply, Inc. in the amount of
$31,396.18 for the purchase of two (2) Model #30361 Toro
Groundsmaster 7200 Heavy Duty Zero Turn Mowers with 72"
Recycler Deck via the Florida State Contract #515-630-06-1 for
the Parks and Recreation Department. Funding is available from
501-3312-591-64.20 (Central Garage Fund/Automotive).
7. Purchase award to Duval Ford in the amount of $107,029.00 via
the Florida Sheriff's Association Contract #06-14-0821 for the
purchase of four (4) vehicles for various departments. Funding is
available from 501-3312-591-64.20 (Central Gazage
Fund/Automotive).
8. Purchase awazd to Metron-Farnier, L.L.C. in the amount of
$34;492.77 for the purchase of 39 refurbished 3" Spectrum 175
Water Meters. Funding is available from 442-5178-536-61.81
(Water/Sewer Renewal & Replacement Fund/Water Meter
Replacement Program).
9. Purchase awazd to Zoll Medical Corporation in the amount of
$26,184.00 for one (1) Zoll E Series Defibrillator/Monitor.
Funding is available from 001-2315-526-64.90 (General
Fund/Other Machinery/Equipment).
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04/03/07
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a
4 to 0 vote.
9. :REGULAR AGENDA:
9.A.A. CHANGE ORDER NO. 5/DURACLEAN DB/A THE PRINCIPLE
GROUP, LLC: Approve Change Order No. 5 to the original contract in the amount of
$9,454.31 to Duraclean d/b/a The Principle Group, LLC for additional water damage and
microbial remediation at the Municipal Golf Course Clubhouse. Funding is available
from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
Richard Hasko, Director of Environmental Services, stated this is a change
order for continuing mold remediation of water damage at the golf course.
Prior to the vote, Mr. Eliopoulos asked how it normally works with the
consultant and asked if the consultant recommends certain qualified contractors to do this
work or does this go out to a regular bid. Mr. Hasko stated the consultant gave the City
of Delray Beach a list of 3 or 4 qualified consultants that have the appropriate credentials
and licenses to do the remediation and on the basis of what the consultant provided staff
solicited quotes for the initial contract.
Mr. McDuffie moved to approve Change Order No. 5 to Duraclean DB/A
The Principle Group, LLC for additional water damage and microbial remediation at the
Municipal Golf Course Clubhouse, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote.
9.A. CONDITIONAL USE REQUEST/JAY PUTNAM ENTERPRISES:
Consider a request to establish a vehicle services and repair shop in conjunction with the
manufacturing of automotive parts for Jay Putnam Enterprises. The facility is to be
located in two bays (Bays 5 and 6) totaling 1,800 square foot in the central portion of the
existing Depot Warehouse Building located at 1700 Depot Avenue. (Quasi-Judicial
Hearin
Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie and Mr. Eliopoulos both stated they saw this item when
they were members on the Planning and Zoning Board. Mr. Fetzer and Mayor Ellis
stated they had no ex parte communications to disclose.
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Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-061 into the record.
Mr. Dorling stated this is a 0.85 acre parcel that contains an existing 12,
403 square foot warehouse. The Depot Warehouse contains seven (7) bays occupied by
five (5) tenants. The applicant, Jay Putnam Enterprises, rents two (2) combined bays for
purposes of manufacturing parts and associated components of Porsche race car vehicles.
Mr. Putnam is now seeking to expand the use to include service and repair of Porsche
vehicles. The vehicle service and repair use requires conditional use approval in the MIC
zoning district. The business will occupy 1,800 square feet within two bays (Bays 5 & 6)
in the central portion of the existing building. Business hours will be Monday through
Friday, 8:00 a.m. to 5:00 p.m. There will be one employee and no customer waiting area.
All vehicles will be dropped off and all vehicle storage will be retained inside the two
bays for security purposes overnight. During the day, vehicles requiring repair will also
be stored within internal bays. Additional outside parking spaces are also being
provided.
At its meeting of March 19, 2007, the Planning and Zoning Board held a
public hearing in conjunction with review of the request. The owner of the Depot
Warehouse and a prior customer of Jay Putnam Enterprises spoke on the item. After
discussing the proposal, the Board voted 7 to 0 to recommend approval of the
Conditional Use request subject to the four (4) conditions as outlined on page 2 of the
City Commission documentation. Mr. Dorling stated the Planning and Zoning Board did
not require a fourth condition recommended by staff which included processing of a
Class I site plan modification application for approval of the existing billboard on the
southern end of the property and related modification of the affected parking. Upon
further research, staff confirmed that the billboard sign was permitted. However, a Class
I site plan modification should be processed to note these parking modifications and
related landscaping improvements and the location of an approved billboard (located on
the south end of this property). Mr. Dorling stated this did get a permit but did not go
through any site plan approval. Staff is requesting that this be added as a Class I site plan
modification that can be approved administratively.
Jay Putnam, 326 N.W. 6th Avenue, Delrav Beach (Jay Putnam
Enterurises), stated he is present for any questions the Commission may have.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the Conditional Use request, to please come forward at this time.
Chuck Halbert, 4870 S. Classical Boulevard, Delray Beach (member
of the Planning and Zoning Board), stated the reasons of the Planning and Zoning
Board behind the billboard and the landscaping is that this really should have been
handled through Code Enforcement. Mr. Halberg stated to place this cost on someone
who is renting the space he did not believe is fair and commented that the owner of the
facility should be handling that separately.
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John Toen, 43 Lake Eden Drive, Boynton $each, stated approximately
six months ago he had trouble with his Porsche and could not find anyone to remedy the
problem. Mr. Toen stated he found Jay Putnam's advertisement in a Porsche Magazine
and stated Mr. Putnam is very professional and rectified all his problems.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mr. Dorling stated when staff applies conditions like this to a conditional
use it is usually not the intent to straddle the lessee with that. The assumption is that if
the lessee wants to lease this property, he would go back to the property owner and the
property owner would take the responsibility for the property. Mr. Dorling stated they do
not envision that this applicant bear that cost. The owner needs to know that if they do
not work it out then the Code Enforcement division will make it happen.
Mr. McDuffie stated having been on the Planning and Zoning Board when
this item came before them, they felt it was somewhat egregious to require a lessee to go
through a Class I site plan modification. Mr. Dorling stated the Class I modification
would be for the overall site so it would be appropriate for the owner to submit it as a
minor fee and administratively approved.
Mr. Eliopoulos asked if the applicant will have to wait on the owner
getting everything approved first. In response, Mr. Dorling stated as part of this the
owner will need to show where he is going to provide his parking.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order subject to the four (4)
conditions of approval as listed on page two of the staff report, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0
vote.
9.B. WAIVER REQUEST/LOT DIMENSION: Consider a request for
waiver of Land Development Regulations (LDR) Section 4.1.4, "Use of Lots of Record",
which requires aggregation of lots under the same ownership if the lot area is less than
that required by the Zoning District Regulations. The waiver is requested for property
located at 213 SE 7~h Avenue, within the Marina Historic District. (Quasi-Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-069 into the record.
Mr. Dorling stated on March 21, 2007, the Historic Preservation Board
approved a demolition of a 1,571 square foot one-story non-contributing structure at 213
S.E. 7th Avenue and approved a new construction of a two-story 2,737 square foot single-
family residence. The development proposal included a waiver request to LDR Section
4.1.4 (Use of Lots of Record) which states that except for single family residences subject
to the R-1-A (Single Family Residential) zoning district standards, if two (2) or more
adjoining lots (or combination of lots and portions of lots) of record are under the same
ownership and if the total frontage and the total area is equal to or greater than that which
is required by the zoning district regulations, said property shall not be developed except
in accordance with the minimum frontage and lot area requirements of the district. The
lot area of the subject property is 8,409 square feet whereas 9,500 square feet is required.
A waiver to this requirement may be granted by the City Commission pursuant to the
provisions of LDR Section 2.4.7(8). The lot area of the subject property is 8,409 square
feet whereas 9,500 square feet is required. However, the property located at 706 S.E. 2na
Street, directly to the rear (east) is under the same ownership as the subject property.
Thus, the applicant is seeking relief from the requirement to aggregate the parcels via this
waiver request.
Francisco Perez-Azua, speaking on behalf of the applicant, stated the
waiver was recommended by the Historic Preservation Board and he has been working
with staff since October 2006. He is present to answer any questions the Commission
may have.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver request, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding the waiver
request, the public hearing was closed.
There was no rebuttal or cross-examination.
Mr. Eliopoulos stated it does meet the setbacks and all the requirements
with the way the lot is.
Mr. McDuffie stated he too is comfortable with it.
Mr. McDuffie moved to adopt the Board Order as presented (approving
the waiver request), seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes. Said motion passed with a 4 to 0 vote.
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9.C. RESOLUTION NO. 25-07: Consider approval of Resolution No. 25-07
supporting Senate Bill 606 as proposed in the 2007 Legislative Session concerning
authorization of local option $2.00 rental car surcharge for the South Florida Regional
Transportation Authority (SFRTA) as a recurring funding source for SFRTA and urging
Governor Charlie Crist to sign the proposed legislation, if adopted, in order to provide for
needed additional revenues for SFRTA.
office.)
The caption of Resolution No. 25-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, SUPPORTING SENATE
BILL 606 PROPOSED IN THE 2007 LEGISLATIVE
SESSION CONCERNING AUTHORIZATION FOR A
LOCAL OPTION $2.00 RENTAL CAR SURCHARGE
AS A RECURRING FUNDING SOURCE FOR THE
SOUTH FLORIDA REGIONAL TRANSPORTATION
AUTHORITY ("SFRTA"); URGING GOVERNOR
CHARLIE CRIST TO SIGN THE PROPOSED
LEGISLATION, IF ADOPTED, IN ORDER TO
PROVIDE FOR NEEDED ADDITIONAL REVENUES
FOR SFRTA WITH REGARD TO ITS OPERATING
AND MAINTENANCE EXPENSES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 25-07 is on file in the City Clerk's
The City Manager stated he received a request from the South Florida
Regional Transportation Authority (SFRTA) that we support their efforts to expand and
upgrade their service. He stated one of the reasons that the Regional Transportation
Authority is seeking additional funding is to get additional federal funding. The City
Manager stated they do not have enough local matches available to claim all the federal
funding they could get. The City Manager stated a Bill passed last year authorizing the
$2.00 rental car surcharge in Dade, Broward, and Palm Beach Counties but it was vetoed
by the Governor. Therefore, the Regional Transportation Authority is asking for the
support of local governments in considering this again this year.
Mr. Eliopoulos moved to approve Resolution No. 25-07, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
9.D. RESOLUTION NO. 26-07: Consider approval of Resolution No. 26-07
supporting the Florida Department of Transportation and its affiliated regional
transportation agencies to recommend strategic investment in the Florida East Coast
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(FEC) Corridor areas to expand local and regional passenger service in that area to meet
the growth transit needs and complement freight industry growth in the Southeast Florida
area.
The caption of Resolution No. 26-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, IN SUPPORT OF THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND ITS AFFILIATED REGIONAL
TRANSPORTATION AGENCIES TO RECOMMEND
STRATEGIC INVESTMENT IN THE FLORIDA EAST
COAST CORRIDOR AREAS TO EXPAND LOCAL
AND REGIONAL PASSENGER SERVICE IN THAT
AREA TO MEET THE GROWING TRANSIT NEEDS
AND COMPLEMENT FREIGHT INDUSTRY GROWTH
IN THE SOUTHEAST FLORIDA AREA.
(The official copy of Resolution No. 26-07 is on file in the City Clerk's
office.)
The City Manager stated this resolution deals with regional transportation
issues. He stated there has been a study underway for quite some time for the Florida
East Coast Corridor regarding establishing passenger service as well as looking at the
freight transportation in the corridor. The City Manager stated the City of Delray Beach
has been asked to consider a resolution which would support continuation of those
studies.
Mr. Fetzer moved to approve Resolution No. 26-07, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to
0 vote.
9.E. BID AWARD/E.C. STOKES MECHANICAL CONTRACTORS,
INC./FARMER & IRWIN CORPORATION: Consider approval of a bid award to
E.C. Stokes Mechanical Contractor Inc., second low bidder, as primary contractor and
Farmer & Irwin Corporation, third low bidder, as secondary (back-up) contractor in an
estimated annual cost of $25,500.00 for plumbing services and repairs for various city
buildings located in the City of Delray Beach. Funding from various departmental
operating budgets.
Richard Hasko, Director of Environmental Services, stated this is an
annual contract for plumbing services and noted that Gray Plumbing & Mechanical as the
low bidder, E.C. Stokes Mechanical as the second low bidder, and Farmers & Irwin
Corporation as the third low bidder.
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Mr. Hasko stated Gray Plumbing & Mechanical (low bidder) works out of
Miami, E.C. Stokes Mechanical is located in Lake Worth, and Farmers & Irwin
Corporation is in Riviera Beach. Under performance, the specification requires the
contractor to give prompt and convenient response to the City's needs. Mr. Hasko stated
in the specification it is a door-to-door charge so even though the hourly rate for the
second low bidder is higher than the low bidder. However, the second low bidder is
coming from Lake Worth whereas the low bidder would be coming from Miami.
Therefore, staff recommends approval of E.C. Stokes (second low bidder).
Mr. Fetzer moved to approve the Bid Award to E.C. Stokes Mechanical
Contractors Inc. (second low bidder) as primary contractor and Farmer & Irwin
Corporation (third low bidder) as secondary (backup) contractor, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0
vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 20-07 (SECOND READING/SECOND PUBLIC
HEARING): Consider approval and adoption of Resolution No. 20-07 designating the
area within the boundaries of the Carver Square Redevelopment area of the Community
Redevelopment Agency (CRA) as a Brownfield Area for rehabilitative purposes.
The caption of Resolution No. 20-07 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING THE AREA WITHIN THE
BOUNDARIES OF THE CARVER SQUARE
REDEVELOPMENT AREA OF THE DELRAY
BEACH COMMUNITY REDEVELOPMENT
AGENCY (CRA) A BROWNFIELD AREA; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 20-07 is on file in the City Clerk's
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 this is a resolution that is necessary to declare
the area within the Carver Square Redevelopment Area.
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Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission, the public hearing was closed.
Mr. McDuffie moved to approve Resolution No. 20-07 on Second
Reading/Second Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manager's response to prior public comments and inquiries.
None.
11.B. From the Public.
None.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 14-07: City initiated amendments to the Land
Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional
clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide
clarification regarding size of signs, and (H)(10), "Temporary Signs", to prohibit
temporary non-commercial signs in public rights of way contiguous to public property,
and where allowed, to provide time limits for removal. If passed, a second public hearing
will be scheduled for April 17, 2007.
The caption of Ordinance No. 14-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE 78-06 BY AMENDING
SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO
PROVIDE ADDITIONAL CLARIFICATION
REGARDING RESIDENTIAL REAL ESTATE SIGNS,
(H)(9), "WINDOW SIGNS" TO PROVIDE
CLARIFICATION REGARDING SIZE OF SIGNS,
(H)(10), "TEMPORARY SIGNS", TO PROHIBIT
TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS OF WAY CONTIGUOUS TO PUBLIC
PROPERTY AND PROVIDE TIME LIMITS FOR
REMOVAL; PROVIDING A SAVING CLAUSE. A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
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DATE.
(The official copy of Ordinance No. 14-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment to the Land Development Regulations to provide clarification to the
code provisions for residential real estate signs, window signs and temporary signs.
These types of signs do not require a permit. Residential real estate signs are limited to
one sign per street frontage and shall not be illuminated. In addition to being allowed on
private property, temporary non-commercial signs are also allowed in public rights-of-
way when placed adjacent to private property. They are not permitted to be placed in
medians or on portions of rights-of--way contiguous to public property. When located
within public rights-of--way, these signs are limited to 3 square feet in size and must be
removed within 10 days after the date of the event, election or referendum.
At its meeting of March 19, 2007, the Planning and Zoning Board
considered the text amendment and no one from the public spoke. The Board discussed
the Ordinance and recommended approval with a 7 to 0 vote.
Mr. Dorling stated he and the City Attorney spoke with Commissioner
Montague today and she expressed concerns with respect to the clause that indicates that
all real estate signs shall be non-illuminated. Mr. Dorling stated this was in the code
when staff did the sign changes approximately three months ago and was taken out. He
noted this action would reinstate it. There was discussion with respect to what
illuminated meant and whether it be internally lit or externally lit and the definition of
illuminated sign includes both.
The City Manager suggested to table this item to the April 17, 2007 City
Commission meeting to allow staff the opportunity to speak to the Realtors Association
and see if this is something that we can address either by changing this requirement on
non-illuminated signs or changing the definition so that these kind of information devices
would not be considered part of the sign itself and would take the place of the printed
flyers. Mayor Ellis stated she has seen this technology but it is normally in a real estate
office where you can bring up a particular piece of property and take a tour through the
rooms, etc. The City Manager stated apparently their developing the technology so that it
is actually out on site.
Mr. Fetzer moved to approve to table Ordinance No. 14-07 to the Regular
City Commission meeting of April 17, 2007 as a First Reading, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
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04/03/07
12.B. ORDINANCE NO. 15-07: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of
Ordinances of the City of Delray Beach, Florida, by amending Section 35.097,
"Retirement Income; Basis, Amount, and Payment", to provide an alternative method for
purchasing the optional enhanced multiplier for periods of prior city employment. If
passed, a second public hearing will be scheduled for April 17, 2007.
office.)
The caption of Ordinance No. 15-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT, AND PAYMENT", TO
PROVIDE AN ALTERNATIVE METHOD FOR
PURCHASING THE OPTIONAL ENHANCED
MULTIPLIER FOR PERIODS OF PRIOR CITY
EMPLOYMENT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 15-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. She stated
previously there is an enhanced multiplier that general employees are able to buy which
has to be actuarially sound and this ordinance deals with the mechanism of the funding
source for that. Previously, the IRS ruling stated that you could not purchase the
enhanced multiplier from the 457 Plan but yo`u could purchase it from 401A Plans, etc.
The IRS has changed the ruling stating that you can purchase it from a 457 Plan under a
sort of fiction that your previous City employment can be purchased back and it would
act as "air time" that could equal this 3% enhanced multiplier. The City Attorney stated
this is no cost to the City but is a mechanism for general employees who would like to
take advantage of it.
Mr. Eliopoulos moved to approve the Ordinance No. 15-07 on FIRST
Reading, seconded by McDuffie. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 to 0 vote.
At this time, the Commission moved to Item 9.F. of the Regular Agenda.
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04/03/07
9.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period March 19, 2007 through March 30, 2007.
Mr. Eliopoulos declared a conflict of interest on Item #2 under the
Historic Preservation Board because he is the architect.
Paui Dorling, Director of Planning and Zoning, stated staff has concerns
with respect to the approval of two items by the Historic Preservation Board. The first
item being 706 S.E. 2"d Street. This is a proposed 11,709 square foot house which is far
larger than any single family home in the Marina Historic District and approaches twice
the size of the next largest home. Staff is concerned that the Historic Preservation Board
made a finding that it is compatible in terms of mass and scale. Staff believes a home of
this size would set a precedent for future development in the district. The second item is
the proposed addition for 238 S.E. 7th Avenue (one of the test sites that 12EG showed on
their test studies). Mr. Dorling stated REG actually showed an addition to the rear of the
historic structure. He stated with this addition to the rear, there would be some waivers
and variances required that could be granted by the Historic Preservation Board in the
interest of maintaining the visibility of the historic structure from the street preserving
both the streetscape and the historic front elevation of the property. Mr. Dorling stated
that property has had previous additions which have covered a significant amount of the
front elevation. Mr. Dorling stated this new addition would totally cover that historic
structure from the street and staff feels it would be inappropriate.
Mr. Fetzer moved to approve the appeal of the Certificate of
Appropriateness for 706 S.E. 2"d Street, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer -
Yes; Mr. McDuffie - No. Said motion was a 2 to 2 vote (no action).
Mr. Fetzer moved to approve the appeal of the Certificate of
Appropriateness for 238 S.E. 7th Avenue, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -
Yes. Said motion passed with a 3 to 0 vote.
Mr. McDuffie moved to approve to receive and file the report, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4
to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated with regard to the Goal Setting session next
Wednesday, he and the Mayor had a conflict that was not caught until late last week. The
City Manager stated there is a fundraiser luncheon for the Boy Scouts at the Golf Course.
-15-
04/03/07
He stated they were able to move the Goal Setting session from the Delray Beach Library
to the Golf Course and it will now begin at 8:00 a.m. versus 9:00 a.m.
Secondly, he stated there was a comment made about staff not keeping the
Commission informed about the status of the Parks and Recreation Bond Issue from a
financial standpoint. The City Manager briefly reviewed the status of the Parks and
Recreation Bond Issue (from a fmancial standpoint). The City Manager stated he
normally receives the monthly reports around the 15th of the following month. The City
Manager stated the Commission is receiving regular monthly reports on the fmancial
status of these projects. He stated there have been changes since then which he will go
over at the Workshop meeting.
Mrs. Ellis stated she saw the report on a regular monthly basis and was
taken aback by the claims that this information was not made available to the City
Commission. She stated she appreciates the information and stated there will be
additional opportunities to discuss this.
The City Manager stated at the Workshop meeting next week staff plans to
go through in more detail exactly how we got to where we are, the status of the capital
projects, review the capital program so we can make decisions about whether we want to
go forward with the program, postpone certain parts of it or scale back certain parts.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated he personally is looking forward to the Workshop
meeting next week to address the capital projects and determine where the City goes from
here. He is personally disappointed in the level of communication that was given to the
Commission from the City Manager on this issue. Mr. Fetzer stated he was not given the
big picture and does not feel that it is the Commission's responsibility to add the
individual projects up to determine the overall extent of the financing that was required.
Therefore, Mr. Fetzer stated he disagrees that this was communicated effectively to the
Commission.
Secondly, Mr. Fetzer stated he is pleased with the overall method of the
video streaming and noted it is very effective to be able to go into the agenda and click on
a particular item and it takes you right to that item. However, he expressed concern over
the quality of the sound and some of the camera effects are a little awkward. Mr. Fetzer
asked if there are any plans to improve the system from its initial set-up.
-16-
04/03/07
The City Manager stated the camera use is a matter of getting accustomed
to it. He stated staff has concerns about the sound system and the microphones may have
to be changed (i.e. upgrade to the sound system) as part of the work that has been
discussed for the Commission Chambers. The City Manager stated staff recognizes that
there is more work that has to be done.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he spoke with the City Manager last Friday and
noted there was a list that former Commissioner Levinson made with regard to some of
his closing remarks. Mr. Eliopoulos stated he wanted to get more background to find out
where we have been, if we did drop the ball how we can pick it back up, and make sure to
keep the open communication. Mr. Eliopoulos stated since it seemed to be put on record
he thought we should try to obtain more information on these items. He thanked the City
Manager for the information he distributed to the Commission this evening.
Secondly, he spoke to the City Attorney and some Department Heads
regarding the construction costs. Mr. Eliopoulos stated he will need more background
with regard to some of these items especially with regard to change orders. He stated he
would like to have a closer look at things in the near future with regard to construction
budgets to ensure we have the best prices possible and the best qualified contractors.
13.C.3. Mr. McDuffie
Mr. McDuffie stated the reason he pulled the Consent Agenda item this
evening was his concern with the change orders. He stated being a new commissioner he
does not completely understand the change order process. In his opinion, Mr. McDuffie
stated there is some polarization that existed here prior to the change in this Commission
and suggested to open communications as much as possible. Mr. McDuffie expressed
concern over who is managing these projects and how the change orders are being
managed. Mr. McDuffie stated the easier that staff can make these projects the better so
that the Commission can make a determination very early on so that if something is
getting out of control, they can stop it before it ever reaches a point that it appears to have
been reached at this time. Mr. McDuffie expressed concern over how something such as
Old School Square parking garage could increase by 60% since the original bid. Mr.
McDuffie encouraged everyone to get together and find out how managing these projects
can be made as simple as possible so that we do not end up with a polarization we
recently had.
city.
He stated he is thrilled to be here and stated Delray Beach is a wonderful
13.C.4. Manor Ellis
Mayor Ellis welcomed Commissioner McDuffie and Commissioner
Eliopoulos and stated she is very excited about a relatively new and young Commission
-17-
04/03/07
and the opportunities they have for change, progress and renewed communication. She
stated in a perfect world everyone would look at the same piece of paper and understand
it in the same way. However, Mrs. Ellis stated everyone has different interpretations and
different expertise. She stated the Commission has many opportunities to share their
expertise with one another. Mrs. Ellis stated she is excited about the Workshop meeting
next week so the Commission can look at exactly what the situation is and come to a
consensus and prioritize the items and issues they feel are very important. She
encouraged everyone to move forward and work as a true team. Mrs. Ellis stated the City
of Delray Beach is successful and has one of the best financial statements in the state if
not in the country and there are so many things that we are leading in that are truly
important to the citizens including workforce housing, the Dekay Beach Housing
Authority, transit oriented development, and historic preservation. Mrs. Ellis stated she
looks forward to hearing and working with everyone.
There being no further business, Mayor Ellis declared the meeting
adjourned at 7 :3 8 p. m.
City Clerk
AT
'~Q~
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on April 3, 2007, which Minutes were formally approved and adopted by the City
Commission on
~ ~~ ~~~~
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.
-18-
04/03/07
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR JAY PUTNAM ENTERPRISES
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
April 3; 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Jay
Putnam Enterprises. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, .complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 4 No 0
b. Concurrence: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 4 No 0
I~em q .~
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(El Required Findings: (Conditional Use1: Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No 0
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. 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.
6. Based on the entire record before it, the City Commission approves X
denies the conditional use request subject to the following conditions:
• Subject to restriping the east parking lot to include the addition of three (3)
parallel parking spaces and two horizontally striped spaces along the east
property line prior to issuance of an occupational license for auto repair and
service.
• Subject to upgrading the landscaping for the site, particularly along the east
property line which is visible from the I-95 right-of-way, to include, but not be
limited to replacement of existing trees where appropriate and other
requirements deemed necessary via attached Landscaping technical comments.
• Subject to a minimum of eight spaces being provided and retained for vehicle
parking within the bays.
• Subject to processing of a Class I site plan application for the approval of the
parking modifications and related landscaping improvements.
2
The City Commission hereby adopts this Order this 3~d day of April, 2007, by a
vote of 4 in favor and 0 oppos
Rita Ellis, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 213 SE 7th Avenue
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on April 3,
2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the property
located at 213 SE 7"' Avenue. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsection I.
1. WAIVER:
LDR Section 4.1.4(C) provides that except for single family residences subject to the R-
1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining
lots (or combination of lots and portions of lots} of record were under the same
ownership as of October 18, 1994, and if the total frontage and the total area is equal to
or greater than that which is .required by the zoning district regulations, said property
shall not be developed except in accordance with the minimum frontage and lot area
requirements of the district. Ownership shall be determined by the property tax rolls on
file in the Palm Beach County Property Appraiser's Office as of October 18, .1994. The
Applicant has requested a waiver from this requirement.
Pursuant to LDR Section 2.4.7(8)(5), prior 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 meet all the requirements of 2.4.7(8)(5)?
Yes 4 No 0
Should any conditions be imposed regarding lot size?
Yes 0 No 4
~~em q.~
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 X
denies 0 the waiver request to LDR Section 4.1.4(C).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 3rd day of April, 2007, b f 4 in favor a d 0 opposed.
ATTEST: ita Ellis, Mayor
~~ ~~~ ~
Chevelle Nubin, City Clerk
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
AST NAME-FIRST NAME-MIDDLE NAME
liopoulos, Gary P.
MAILING ADDRESS
205 George Bush Boulevard
CITY COUNTY
Delray Beach, Florida 33444 Palm Beach
~4 / 3~0 v`OTe occuRReo
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY; OR COMMITTEE
Delray Beach~:City Commission
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
CITY ~ COUNTY O OTHER LOCAL AGENC`
NAME of POLITICAL su6olylSloN:
MY POST TION IS:
ELECTIVE ^ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by arty person serving at the county, city, or other local level of government on an appointed or elected board, coundl,
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 ar appointive position. For this reason, please pay dose attention to the instructions. on this forth before
completing the reverse side and filing the forth.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
1 person holding elective or appointive county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which
auras to his a her special private gain or loss: Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
Irre whk:h inures to the speclal gain or bss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate prindpal by which he or she is retained); to the spedal private gain or loss of a relative; or
to the spedal private gain or loss of a business assodate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent specal 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 officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-iMaw, son-iMaw, and daughter-in-law. A "business assoaate' 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 corlwration
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 wmpleting and filing this form with the person responsible for recording the miry
ales of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Aflhcwgh you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
^iust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
Y Y~ or at your direction.
= 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 derision) with the person responsible for recording the
minutes of the meeting, who will incorporate the forth in the minutes. (Continued on other side)
CE FORM 8B -EFF. 1/2000 ITEM 9 . F, No. 2~ under HPB 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 publiGy 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 partiapating.
• 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 fomt is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, [;ark, P . E1 i ~_poul os ,hereby disclose that on April 3 , , 20 07
(a) A measure came or will Dome before my agency which (check one)
_ inured to my special private gain or bss;
XX inured to the special gain or loss of my business associate, Eliopoulos Architecture , Inc .
_ inured to the special gain or loss of my relative,
_ inured to the special gain or loss
whom I am retained; or
- Inured to the spedal gain or loss of
is the parent organization or subsidiary of a prinapal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
~ ri ~, 2007
Date Filed
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED 210,000.
CE FORM 88 - EFF. 112000 PAGE 2