04-17-07 Minutes RegAPRIL 17, 2007
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Deputy Vice Mayor Brenda Montague in the Commission
Chambers at City Hall at 6:00 p.m., Tuesday, April 17, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Woodie McDuffie
Deputy Vice Mayor Brenda Montague
Absent - Commissioner Fred Fetzer
Mayor Rita Ellis
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
At this point, Deputy Vice Mayor Montague stated she would like to
observe a moment of silence for the victims of the Virginia Tech massacre.
2. The opening prayer was delivered by Reverend Sharon G. Austin with
Cason United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Deputy Vice Mayor Montague stated there is additional information for
Item 8.D., Agreement/Wi-Fi Services/Delray Beach Wi-Fi, Inc., of the Consent
Agenda and noted this item will be moved to the Regular Agenda as Item 9.A.A.
Mr. Eliopoulos requested that Item 8.M., Palm Beach County/Matching
Grant Application/Knowles Park Sculpture Proiect of the Consent Agenda be moved
to the Regular Agenda as Item 9.A.A.A.
Deputy Vice Mayor Montague stated there is also additional information
for Item 9.C., Waiver Repuest/Pineapple Grove Arts District.
Mr. McDuffie requested that Item 8.I., Interlocal Agreement/Palm
Beach County/Miracle League Funding of the Consent Agenda be moved to the
Regular Agenda as Item 9.A.A.A.A.
04/17/07
Mr. McDuffie moved to approve the Agenda as amended, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3
to 0 vote.
5. APPROVAL OF MINUTES:
Mr. McDuffie moved to approve the Minutes of the Regular Meeting of
March 20, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -
Yes. Said motion passed with a 3 to 0 vote.
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
April 3, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice Mayor Montague -
Yes. Said motion passed with a 3 to 0 vote. _
Mr. McDuffie moved to approve the Minutes of the Workshop Meeting of
April 10, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -
Yes. Said motion passed with a 3 to 0 vote.
6. PROCLAMATIONS:
6.A. Municipal Clerk's Week - Apri129 - May 5, 2007
Deputy Vice Mayor Montague read and presented a proclamation hereby
proclaiming April 29, 2007 through May 5, 2007 as Municipal Clerk's Week. Chevelle
D. Nubin, City Clerk, accepted the proclamation.
7. PRESENTATIONS:
7.A. 18th Annual Delaire/Delrav Citizens for Delrav Police Charity Golf
Tournament Presentation to Police and Fire-Rescue - Perry DonFrancisco
Perry DonFrancisco, President of Delray Citizens for Delray Police,
introduced Mr. Harvey Lurey and Mr. Dan Burnheim (residents of Delaire Country Club)
and stated they have been primarily responsible for the organization and operation of the
Annual Delaire Charity Golf Tournament. Mr. DonFrancisco stated the Delaire
Tournament in conjunction with Delray Citizens for Delray Police has taken place for the
last 18 years. In 1990, it was the intention of the Delaire community to raise funds to
assist the Fire-Rescue Department and the Police Department. These funds would be
earmarked for life saving equipment and crime fighting equipment that would be
purchased beyond the normal city budget. Mr. DonFrancisco stated the entire community
at large became the benefactor of Delaire's generosity. In numerous incidences, residents
and guests of Delray Beach were positively impacted by the level of service they would
receive in an emergency while Fire and Police utilize state-of--the-art equipment
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purchased with Delaire funds. Mr. DonFrancisco stated Delaire has allowed the
departments the opportunity to purchase technological equipment that is imperative in
today's emergency environment. Delaire has out performed their previous year's
donation, each and every year, for the past 18 years regardless of the economy or other
forces.
Dan Burnheim stated this year extraordinary things have happened
however, in spite of them Delaire has raised $25,000.00 for the Fire-Rescue Department
and $25,000.00 for the Police Department which brings the total to over $600,000.00.
Mr. Burnham presented a check to Chief Koen and Chief Schroeder for $25,000.00 each.
Deputy Vice Mayor Montague stated the Delaire residents are
extraordinary and noted that they do this for the love of the Police and Fire and the City
of Delray Beach.
7.B. City of Delray Beach Residents' Academy Certificates -Janet Meeks
Janet Meeks, Education Coordinator, introduced the following members of
the 11 `h Graduating Residents Academy class and thanked the Commission for their
continued support.
Patricia Allard
Sinam Al-Khafaji
John Bemer
Danise Cleckley
Derrick Cook
David Scott Drane
Sara Dwyer
Bill Fagin
Christina Fasciana
Theresa Gardner-Williams
Matthew Hartley
Al Hincken
Diana Janicke
CC Kelner
Marsha and Ralph McGovney
Thomas Newbold
Chevelle Nubin
Alice Pullum
David and Susan Sabin
Bill Schiltz
Carolyn Stein
Sara and Glenn Todd
Steve Vitacolonna
Vincent Wooten
Diana Yates
Sydell Zuckerman
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 27-07: Approve Resolution No. 27-07 assessing
costs for abatement action required for the emergency board-up of unsafe structures
located at 106 & 108 NW 10~' Avenue, 1127 Miramar Drive and 4869 Pineview Circle.
The caption of Resolution No. 27-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
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TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
office.)
(The official copy of Resolution No. 27-07 is on file in the City Clerk's
8.B. HOLD HARMLESS AND LANDSCAPE MAINTENANCE
AGREEMENT/OCEAN TERRACE TOWNHOMES: Approve and accept a hold
harmless and landscape maintenance agreement associated with the Ocean Terrace
Townhomes project for the installation and maintenance of all irrigation, located on the
west side of Palm Trail approximately 172 feet north of Bond Way.
8.C. AMENDMENT NO. 2/SERVICE AUTHORIZATION NO.
23/MATHEWS CONSULTING, INC.: Approve Amendment No. 2 to Service
Authorization No. 23 to Mathews Consulting, Inc. in the amount of $28,068.00 for
professional engineering services related to Homeowner's (HOA's) and property owner's
connection to the Reclaimed Water Areas 2 & 3 Transmission Main Project. Funding is
available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services).
8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
S.E. AGREEMENT/PALM BEACH COUNTY: Approve an agreement
between the City and Palm Beach County in order for the City to implement the Disaster
Recovery Initiative (DRI) funding in connection with the demolition of Carver Estates.
8.F. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve two (2) Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $31,962.00 to I.Q. Construction, Inc. for 612 SW
9th Street and in the amount of $27,919.50 to South Florida Construction for 32 SW 14th
Avenue. Funding is available from 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
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8.G. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $17,094.00 to allow the applicant to secure
new financing.
8.H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY
SHERIFF'S OFFICE: Approve an interlocal agreement between the City and the Palm
Beach County Sheriffs Office for Urban Area Security Initiative (LTASI) which will
provide $13,500.00 to the Delray Beach Police Department for a Viking Dry Suite and
Emergency Trailer/Equipment.
8_I. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.A.A.
8_J. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE:
Approve a special event request for the Art and Jazz on the Avenue to be held on May
10, 2007, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section
2.4.6(F) for street closure of Atlantic Avenue, from Swinton to the west side of N.E./S.E.
7ch Avenue, Railroad Drive from Atlantic Avenue north to the north side of the east/west
alley, and to the alleys north and south of Atlantic Avenue on N.E./S.E. lsc Avenue,
N.E./S.E. 2"d Avenue, S.E. 3~a Avenue, N.E./S.E. 4ch Avenue, and the Tennis Center
parking lot; authorize staff support for security and traffic control, banner hanging and
removal, barricade set up and removal, trash removal and clean up, and EMS assistance.
8.K. SPECIAL EVENT REOUESTBED RACE: Approve a special event
request to allow the 10` Annual Bed Race and Street Dance to be held on May 18, 2007
from 5:30 p.m. until 10:00 p.m., granting a temporary use permit per LDR Section
2.4.6(F) for the use and closure of N.E. 2°d Avenue between N.E. lsc Street and N.E. 2na
Street, and N.E. 2"a Street east and west of N.E. 2°a Avenue to the alleys; authorize staff
support for security and traffic control, barricading, use and set up of the small stage, and
preparation and installation of event signage, and EMS assistance; contingent on the
receipt of a hold harmless agreement and receipt of the certificate of liability insurance.
8.L. FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT)/JOINT PARTICIPATION AGREEMENT: Approve A Joint Participation
Agreement with the Florida Department of Transportation (FDOT) for the adjustment of
the City owned and maintained utilities within the US 1 corridor between the C-15 Canal
and Tropic Boulevard; the City will be required to pay the Florida Department of
Transportation (FDOT) an estimated cost of $18,483.20. Funding will be programmed to
the FY 2007 - 2008 Capital Improvement Plan.
8.M. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
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8.N. RESOLUTION NO. 29-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LANDSCAPING COSTS: Approve and adopt
Resolution No. 29-07 authorizing execution of a Locally Funded Agreement (LFA} with
the Florida Department of Transportation (FDOT) for funding in the amount of
$11,000.00 to offset irrigation and landscaping costs for the South Federal Highway Road
Reconstruction Project, between the C-15 Canal and Tropic Boulevard.
office.)
The caption of Resolution No. 29-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AUTHORIZING
THE CITY TO ENTER INTO A LOCALLY FUNDED
AGREEMENT WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT) FOR THE
INSTALLATION OF IRRIGATION AND
LANDSCAPING DURING THE 3R PROJECT ALONG
SRS (FEDERAL HIGHWAY) FROM THE C-15 CANAL
TO NORTH OF TROPIC BOULEVARD; PROVIDING
FOR AN EFFECTIVE DATE UPON APPROVAL.
(The official copy of Resolution No. 29-07 is on file in the City Clerk's
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period April 2, 2007 through April 13, 2007.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Duval Ford in the amount of $17,895.00 via the
Florida Sheriffs Association Contract #06-14-0821 for the
purchase of one (1) Ford F-250 Pick-up Truck. Funding is
available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
Mr. McDuffie moved to approve the Consent Agenda as amended,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Deputy
Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion
passed with a 3 to 0 vote.
9. REGULAR AGENDA:
9.A.A. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.:
Approve an agreement between the City and Delray Beach WI-FI, Inc. for construction
of a wi-fi system throughout the entire City.
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The City Attorney stated the Commission had a Workshop meeting last
week and resolved the remaining issues regarding training. As opposed to other cities
such as San Francisco and St. Cloud that have had successful Wi-Fi, the cities have put a
lot of their money into it. She stated, for example St. Cloud has spent $2.8 million, in
addition to spending $500,000 a year for maintenance and also hired an IT person who
will maintain the system. The City Attorney stated there are two concepts one being like
they have done in Philadelphia, St. Cloud, and San Francisco and that each city has
purchased and own all the equipment and run it themselves. Thus, they provide the
service "free" to their taxpayers, but the taxpayers are paying for the cost of
implementing it and keeping it running. The other model is what the City of Delray
Beach is considering and that is where there is a private company who will install all the
equipment with no cost to the City. They will obtain all the pole attachment agreements
and on anon-exclusive basis they have the ability to use some City assets to install
antennae. The City Attorney stated this is a "free" wi-fi outdoors scheduled for this
agreement between A-1-A and I-95 along Atlantic Avenue and a few blocks each way.
She stated this will be primarily outdoor and if a business owner wishes to subscribe to
this service they will have to pay; however, they do not have to subscribe to this service.
This agreement provides for the digital divide and the Commission expressed a concern
to make sure that those at the poverty level have access to computers and this agreement
provides for 100 free computers including terminals and all the accessories and also will
provide free Internet access to those families. Also, then there is 200 additional families
that will get access at a rate of $9.99 per month. The City Attorney stated there are
service levels in the agreement and staff is satisfied that there are sufficient termination
provisions and sufficient benchmarks for them to follow with regard to timelines and
service levels.
The City Manager stated he received an email from Commissioner Fetzer
who suggested that the Commission may want to have the Chamber of Commerce
Technology Committee review this before they take final action.
Linda Hennessee, Delray Beach Wi-Fi, briefly discussed the digital divide
and clarified the distribution of 100 free computers and the special Internet access for 200
households.
Deputy Vice Mayor Montague stated the reason this was taken off the
Consent Agenda and placed on the Regular Agenda is because the Commission has
concerns and have also received emails from residents. She asked Mr. Buzzelli to share
information he found out regarding St. Cloud.
Guy Buzzelli, Chief Information Officer, stated he spoke with the IT
Director of St. Cloud and it cost $2.8 million and $500,000 per year for maintenance plus
the extra IT employee, and they bought the entire system.
Joseph Safford, Finance Director, stated from a financial standpoint, they
are getting that money from the taxpayers and they are paying for it another way. He
stated it is really advertised as a "free" wi-fi service but it is costing the residents the
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same as if it were the private enterprise putting it in and charging the customer on a
monthly basis.
Mr. Eliopoulos stated his concern is the concerns expressed in
Commissioner Fetzer's emails. Mr. Eliopoulos suggested that this item be deferred to the
next regular City Commission meeting when there is a full Commission to review this.
Mr. McDuffie stated the presentation at the Workshop was favorable and
he expected to move on. However, the Commission received a flurry of emails,
telephone calls, etc. He stated the Chamber of Commerce wants to partner with the City
to some extent to go through this and review it. Due to Commissioner Fetzer's absence
and with there only being three out of five Commissioners present this evening; and the
fact that there have been enough questions and enough people who would like additional
information, Mr. McDuffie stated he would support moving this item to the May 1, 2007
City Commission meeting.
After brief discussion, the Commission decided it would be appropriate
for Delray Beach Wi-Fi, Inc. to meet in the interim with the Chamber of Commerce
Technology Committee.
Mr. McDuffie moved to postpone until May 1, 2007 with direction that
staff provide specific questions for Delray Beach Wi-Fi to take it to the Chamber of
Commerce Technology Committee, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice
Mayor Montague -Yes. Said motion passed with a 3 to 0 vote.
9.A.A.A. PALM BEACH COUNTY/MATCHING GRANT
APPLICATION/KNOWLES PARK SCULPTURE PROJECT: Approve a Palm
Beach County Public Art Improves Our Community Matching Grant Application for a
proposed sculpture at Knowles Park, subject to receiving a grant from Palm Beach
County. The Matching Grant Program is a 50% match and Palm Beach County will
reimburse the City in an amount of $25,000.00. Funding is available from the Public
Arts Program.
Mr. Eliopoulos expressed concern over the funding. The City Manager
stated the way the Public Art Program works is a certain percentage of certain capital
projects is set aside for public art and at this point the money has already been allocated
for this purpose and is available for the match. The City Manager stated this would have
no impact on the City's future budgets.
Mr. Eliopoulos moved to approve the Palm Beach County Public Art
Improves Our Community Matching Grant Application, seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Deputy Vice
Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote.
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9.A.A.A.A. INTERLOCAL AGREEMENT/PALM BEACH
COUNTY/MIRACLE LEAGUE FUNDING: Approve an interlocal agreement
between the City and Palm Beach County for funding not to exceed $250,000.00 from the
2002 Recreation and Cultural Facilities Bond for the Miracle League diamond at Miller
Park.
The City Manager stated staff plans to proceed with the Miracle League
regardless, because the match has been raised privately so the funding is there.
Mr. McDuffie stated there is a piece being taken out of this large project
and it happens to sit on a boundary of that part where there is a grade drop. The entire
piece of property was going to be leveled off for drainage, etc. and now we are going to
build one part of the ball field sitting on one end where there is a grade change, and he
asked what affect this will have. In response, Mr. Weldon stated he will double check
with the architect regarding Commissioner McDuffie's concerns.
Mr. McDuffie moved to approve with the provision that Mr. Weldon does
research and finds that we have no negative impact on this item by not constructing the
entire Miller Park Project at the same time, seconded by Mr. Eliopoulos. Upon roll call
the Commission voted as follows: Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos
- Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote.
9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION/238 SOUTHEAST 7 AVENUE: Appeal of the Historic Preservation
Board's decision approving a COA for construction of a two-story garage/guest suite
addition at 238 Southeast 7~' Avenue, located in the Marina Historic District. (Quasi-
Judicial Hearing)
Commissioner Eliopoulos filed a conflict of interest and stepped down
from the dais.
According to Robert's Rules of Order, Deputy Vice Mayor moved to defer
this item to the City Commission meeting of May 1, 2007.
9.B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION/706 SOUTHEAST 2 STREET: Appeal of the Historic Preservation
Board's decision a~proving a COA for construction of a new single-family residence at
706 Southeast 2" Street, located in the Marina Historic District. (Quasi-Judicial
Hearing)
The City Attorney stated there is a request to postpone this item from the
appellants and staff.
Mr. McDuffie moved to approve to postpone the appeal of the Historic
Preservation Board's Decision for 706 S.E. 2"d Street to May 1, 2007, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
McDuffie -Yes; Deputy Vice Mayor Montague -Yes. Said motion passed with a 3 to 0
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vote.
9.C. WAIVER REQUEST/PINEAPPLE GROVE ARTS DISTRICT:
Consider a request for waivers of Land Development Regulations (LDR) Sections
4.6.7(J)(1)(a) and (J)(2}, "Banners and Wind Signs", prohibiting the use of banners as
signs and off-premise signs, pursuant to the request by the agent for the Pineapple Grove
Arts District. (Quasi-Judicial Hearing)
Deputy Vice Mayor Montague read into the record the City of Delray
Beach procedures for aQuasi-Judicial Hearing.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Deputy Vice Mayor Montague asked the Commission to disclose their ex
parte communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, entered the staff report
into the record and stated the request is a waiver to Section 4.6.7(J)(1)(a) of the Land
Development Regulations prohibiting the use of banners as signs; and Section 4.6.7(J)(2)
prohibiting off-premise signs, pursuant to the request by the agent for the Pineapple
Grove Arts District. Staff is requesting an exemption to the sign code to allow the
erection of two temporary banners along perimeter fences at two existing construction
sites. The Pineapple Grove Arts District Board believes it has a unique hardship related
to large construction projects blocking the visibility of the shopping/dining area access
points of N.E. 4th Street and N.E. 1St Street. Section 2.4.7(B) of the Land Development
Regulations allows the City Commission to grant waivers to these provisions of the sign
code on specified findings. Mrs. Butler stated if the Commission chooses to approve this
waiver request, that they approve it to not exceed 12 months and that if the banners are
required to be removed by the private owners that the Pineapple Grove Arts District
Board must come back to the Commission to approve the second relocation for such
banners.
Gene Fisher, Pineapple Grove Arts District Board President (Applicant),
briefly discussed the hardship.
Deputy Vice Mayor Montague 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.
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).
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Mr. Eliopoulos moved to approve the Board Order as presented, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -
Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a 3 to 0 vote.
9.D. RESOLUTION NO. 28-07 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Consider
approval of Resolution No. 28-07 adopting the Local Housing Assistance Plan for Fiscal
Years 2007-2010 pursuant to the State Housing Initiatives Partnership (SHIP) Program.
The caption of Resolution No. 28-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
APPROVING THE LOCAL HOUSING ASSISTANCE
PLAN AS REQUIRED BY THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM ACT,
SUBSECTIONS 420.907-420.9079, FLORIDA
STATUTES; AND RULE CHAPTER 67-37, FLORIDA
ADMINISTRATIVE CODE; AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE ANY
NECESSARY DOCUMENTS AND
CERTIFICATIONS NEEDED BY THE STATE;
AUTHORIZING THE SUBMISSION OF THE LOCAL
HOUSING ASSISTANCE PLAN FOR REVIEW AND
APPROVAL BY THE FLORIDA HOUSING
FINANCE CORPORATION; AND PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 28-07 is on file in the City Clerk's
office.)
Lula Butler, Director of Community Improvement, stated this item is a
request for the City Commission to approve the Local Housing Assistance Plan (CHAP)
for fiscal years 2007-2010 by adopting Resolution No. 28-07 pursuant to Title 67-37 of
the Florida Administrative Code. The State requires a Local Housing Assistance Plan
(CHAP) outlining how the City plans to administer the SHIP funds once they are
received. Mrs. Butler stated the following strategies are broad enough to address most of
the needs that are identified by the community for SHIP dollars: (1) Purchase assistance,
(2) Owner-occupied rehabilitation assistance, (3) Land Acquisition, (4) Disaster Relief
assistance, (5) Sub-recipient Housing Partnership Program (Community Land Trust), (6)
Foreclosure Prevention.
Mr. McDuffie confirmed with Mrs. Butler that the funding all comes from
the SHIP Program and this year's allocation is $590,567.
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Mr. Eliopoulos moved to approve Resolution No. 28-07, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Deputy Vice Mayor
Montague -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a
3 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. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Consider
approval of a development agreement with Cannery Row, LLC regarding the purchase
and use of the Community Facility Property and the dedication of the Park Property
located in the Cannery Row Development.
Due to a conflict of interest, Commissioner Eliopoulos stepped down from
the dais.
According to Robert's Rules of Order, Deputy Vice Mayor moved to defer
this item to the City Commission meeting of May 1, 2007.
10.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.
The caption of Ordinance No. 15-07 is as follows:
office.)
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 EFFECTNE DATE.
(The official copy of Ordinance No. 15-07 is on file in the City Clerk's
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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.
Deputy Vice Mayor Montague declared the public hearing open. There
being no one from the public who wished to address the Commission regarding
Ordinance No. 15-07, the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 15-07 on FIRST Reading,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes. Said
motion passed with a 3 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the Public and the City Manager.
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 May 1, 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,
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04/17/07
(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
EFFECTNE DATE.
office.)
(The official copy of Ordinance No. 14-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. She stated staff met
with a representative from the Realtor's Association and staff's letter explains that the
Realtor's Association will get back to them. The City Attorney stated there is not a
technological way to describe what they anticipate will be coming in the future.
Mr. McDuffie moved to approve Ordinance No. 14-07 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 3 to 0 vote.
12.B. ORDINANCE NO. 17-07: 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", providing for direct rollovers to an
individual retirement account by anon-spouse beneficiary. If passed, a second public
hearing will be scheduled for May 1, 2007.
The caption of Ordinance No. 17-07 is as follows:
office.)
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",
PROVIDING FOR DIRECT ROLLOVERS TO AN
1NDNIDUAL RETIlZEMENT ACCOUNT BY A
NONSPOUSE BENEFICIARY; PROVIDING A
GENERAL REPEALER CLAUSE; A VALIDITY
CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-07 is on file in the City Clerk's
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04/17/07
The City Attorney read the caption of the ordinance. She stated the
purpose of this change in the general pension plan is to recognize changes in the Pension
Protection Act of 2006 which allows for this non-spouse rollover.
Mr. Eliopoulos moved to approve Ordinance No. 17-07 on FIRST
Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said
motion passed with a 3 to 0 vote.
At this point, the Commission moved back to Item 9.E. of the Regular
Agenda.
9.E. MARKETING/SELLING CITY RETAIL SPACES/OLD SCHOOL
SQUARE GARAGE: Discussion regarding three (3) proposals from Coastal
Commercial Group, LLC, Bathurst Laymon Realty Group and Re/Max on the sale of the
retail space in the Old School Square garage.
The City Attorney stated she had initial contact with Ingrid Kennemer on a
recommendation from the Community Redevelopment Agency (CRA) trying to find
appropriate persons to discuss the retail space under the newest city garage being built.
The City Attorney stated after that time she received two other proposals of interest, one
from Bathurst Laymon Realty Group, Inc. and the other from Joe LaViola with Re/Max.
Staff considers this a personal services contract because it requires a particular expertise
that we need; however, it does not mean that we cannot go out for a Request for Proposal
(RFP).
Mr. McDuffie stated he does not want to support this item this evening
because he feels not enough information has been provided to the Commission. He
suggested that there comparative information in greater detail. Also, Mr. McDuffie
stated he would entertain putting this out for a Request for Proposal (RFP).
Mrs. Montague asked what additional time would be added if the item
were to go out for an RFP. The City Attorney stated she believes it would be
approximately thirty (30) days.. The City Manager stated six (6) weeks would be more
realistic.
Mr. Eliopoulos stated he supports the companies giving presentations
because this is an important piece of retail space.
The Commission gave direction to the three proposal companies to give
presentations for the retail space at the Old School Square Garage. The City Manager
stated this will be tentatively scheduled for the City Commission meeting of May 1,
2007. If the Agenda is too lengthy for the meeting of May 1, 2007, then it will be
scheduled for the May 8, 2007 Workshop meeting.
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04/17/07
9.F. FIRST ANNUAL S.P.I.R.I.T. AWARDS BANQUET: Provide
direction regarding the First Annual S.P.I.R.I.T. Awards Banquet.
The City Manager stated this is a recommendation from the S.P.I.R.I.T.
Awards Committee regarding the First Annual S.P.I.R.I.T. Awards Banquet. The
Committee recommends holding the Awards Banquet at Benvenuto's and asked for
direction from the Commission on whether to go out of the City or not.
Jo Weaver, ParalegaULegal Secretary, stated this is the first time for the
event and staff would like to make it big enough so that many people can attend. She
stated this is open for employees first and if they find there will be room for guests then
employees can pay for their guests to come.
Mrs. Montague asked if this is opened up to guests will they receive a
discounted rate. In response, Jo Weaver stated a guest would have to pay the full rate.
Mrs. Montague stated she would like to make sure that if employees would like to bring
their spouse or a friend that they can do so without it being a hardship.
Mr. McDuffie stated he has had the fortune to attend functions in
Benvenuto's, the Delray Beach Golf Club, and Westchester Country Club. He noted that
Benvenuto's is designed for group functions and they are very efficient working with
large groups. Mr. McDuffie stated this will be a wonderful experience for the employees
and noted the food is excellent and the service is second to none.
Mr. Eliopoulos concurred with comments expressed by Mr. McDuffie.
After brief discussion, it was the consensus of the Commission to hold the
First Annual S.P.I.R.I.T Awards Banquet at Benvenuto's.
9.G. AUTHORIZATION TO FILE A COMPLAINT FOR
DECLARATORY AND INJUNCTIVE RELIEF AND/OR PETITION FOR
GUARDIANSHIP OF A MINOR/ANTHONY HARRIS. FORMER CITY
EMPLOYEE: Consider a request authorizing the City to file a Complaint for
Declaratory and Injunctive Relief and/or Petition for Guardianship of a Minor in the
Circuit Court of Palm Beach County regarding the death benefit due under the General
Employees Pension Plan as a result of the death of Anthony Harris, former City
Employee.
The City Attorney stated former City of Delray Beach employee Anthony
Hams passed away and left a minor child Sharhonda Hams his death benefit. Mr. Hams
was not married at the time, and in order for Sharhonda Harris to receive the benefit due
her, a guardianship may need to be set up pursuant to Florida Statutes because the funds
may exceed $15,000.00.
Mr. McDuffie asked if the guardianship is limited to a single person or
entity. The City Attorney stated it can be a person or an entity.
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04/17/07
Mr. McDuffie moved to approve authorization to file a complaint for
declaratory and injunctive relief and/or petition for guardianship of a minor in the Circuit
Court of Palm Beach County regarding the death benefit due under the General
Employees Pension Plan as a result of the death of Anthony Hams, former City
Employee, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes. Said
motion passed with a 3 to 0 vote.
9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) alternate member to the Board of Adjustment for an unexpired term ending August
31, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2).
It was the consensus of the Commission to defer Commissioner Fetzer's
appointment to the City Commission meeting of May 1, 2007.
9_I. APPOINTMENT TO THE PLANNING AND ZONING BOARD:
Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2007. Based upon the rotation system, the appointment will be made
by Commissioner Montague (Seat #4).
Deputy Vice Mayor Montague stated she would like to appoint Francisco
Perez-Azua as a regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2007. Mr. Eliopoulos so moved, seconded by Mr. McDuffie. Upon
roll call the Commission voted as follows: Mr. McDuffie -Yes; Deputy Vice Mayor
Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote.
The City Attorney stated Mayor Ellis' appointment will be deferred to the
City Commission meeting of May 1, 2007.
9_J. 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 April 22, 2009. Based upon the rotation system, the appointment will be
made by Commissioner Fetzer (Seat #2).
It was the consensus of the Commission to defer Commissioner Fetzer's
appointment to the City Commission meeting of May 1, 2007.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items from the Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
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04/ 17/07
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Eliopoulos
Mr. Eliopoulos stated the City Manager informed him that the City of
Delray Beach is in the process of accepting employment applications for a new Fire
Chief. Mr. Eliopoulos suggested that a Fire Chief from a surrounding city be on the
selection committee.
Secondly, on behalf of the Commission, Mr. Eliopoulos extended their
thoughts and prayers to Commissioner Fetzer and his family.
13.C.2. Mr. McDuffie
Mr. McDuffie stated the City Manager has provided him with some
information regarding gang activity. Mr. McDuffie thanked Chief Schroeder and staff for
breaking up the gang activity where there was filming of a gang video in process. Mr..
McDuffie stated they broke up the gang activity along with confiscating firearms and the
video. He stated authorities will be able to use the video in their "non-gang" promotions
and be able to take the youth in the community and surrounding communities and share
this video with them so they can see to what lengths these people go to attract members
and how violent these things are. He stated it is a matter of economics here and these
young people who have no where to go and no way to make money are put on the street
and to make income for the gang they take part in illegal activities such as drug sales.
Mr. McDuffie commented about the Town Hall meeting at Palm Beach Community
College and stated this will leave a lasting impression on him. In addition, Mr. McDuffie
stated this has motivated him to take a ride with Officer Weatherspoon Friday evening
because he would like to see what the police officers are confronted with.
Mr. McDuffie suggested that the Commission send a card and flowers to
Commissioner Fetzer and his family.
13.C.3. Mrs. Montague
Mrs. Montague thanked Mr. Barcinski for another successful Delray
Affair especially with the threat of rain on Sunday.
Secondly, she commented about the United States Tennis Association
(USTA) Junior National Championships for the youth on Saturday. Mrs. Montague
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04/17/07
stated she had the honor of awarding the winners and commented it will be on the tennis
channel.
Mrs. Montague stated the FED Cup activities are this weekend and noted
Serena and Venus Williams will be playing.
Lastly, on behalf of the Commission, Mrs. Montague reiterated that Vice
Mayor Fetzer and his family are in their prayers.
There being no further business, Deputy Vice Mayor Montague declared
the meeting adjourned at 7:40 p.m.
City Cler
ATT
`~0.,
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 17, 2007, which Minutes were formally approved and adopted by the City
Commission on May 1, 2007
~~
~• ~\V~
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.
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04/ 17/07
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MMUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
NC L, NMMISSI~N. AUTHORITY. OR COMMITTEE
Eliopoulos, Gary P. Delray Beach City Commission
WUNG ADDRESS
205 George Bush Boulevard
CITY COUNTY
Delray Beach., Florida 33444 Palm Beach
DATE ON WHICkI VOTE OCCURRED
4/17/2007
THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT Of:
~' ^ COUNTY _ ^ OTHER LOCAL AGENCY
NAME of PoLmcaL susolvlsloN:
MY POSRION IS:
~7 ELECTIVE ^ APPOINTNE
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, i~ty, or other local level of govemment on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflid of interest under Section 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
'nures 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
~2lrent 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
CapaClty.
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, san-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.
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.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
• 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 8B - EFF. 112000 ITEM 9 . A PAGE 1
APPOINTED OFFICERS (continued)
• A Dopy 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 P. Eliopoulos ,hereby disclose that on April 17 ~ 20 07
(aj A measure came or wilfcome before my agency which (check one)
_ inured to my special private gain or loss;
inured to the spedat gain or loss of my business associate, F~~ i l n ~' A r c~ h i e r t ~ r Inc . ~;
_ inured to the specal gain or loss of my relative, _ ,
_ inured to the special gain or loss of __ , by
.whom 1 am retained; or
inuredaa the;speaal .gain oc.loss of ... .::; .: , whidt
is the parent organization or subsidiary. of a .principal-which has retained me.
(bj The: measure before my agencyand the nature of my conflicting interest in the measure is as foAows:
_.
April 17, 2007
Date Filed Signat e
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REOUIREO DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY 8E 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 88 - EFF. 1/2000 PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR PINEAPPLE GROVE ARTS DISTRICT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on April
17, 2007.
2. The Applicant and City staff presented documentary, evidence and
testimony to the City Commission pertaining to the waiver request by the Pineapple
Grove Arts District. 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 4.6.7(J)('4)(a) provides that banners are prohibited and LDR Section
4.6.7(J)(2) prohibits off premise signs. The Applicant has requested a waiver to these
.sections to allow the temporary placement of 2 banners along the perimeter fence of
two existirig construction sites.
Pursuant to LDR Section 2.4.7{B)(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 requests meet all the requirements of 2.4.7(B)(5)?
"Yes 3 No 0
*subject to a 12 month time period from the date of approval; and
the applicant must seek City approval prior to relocating the banners.
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the application was submitted and finds that its
determinations set forth in this Order are consistent with the Comprehensive Plan.
1
i+em 9. C
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 the waiver request to LDR Sections 4.6.7(J)(1)(a) and 4.6.7(J)(2).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 17th day of April, 2007, by a vote of 3 in favor and 0
opposed.
_. ~,
ATTEST: ~ Rita I' ,Mayor
. ,
hoc ; Chevelle Nubin, City Cler
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER :LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF 80ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos, Gary P. Delray Beach City Commission
AAIUNG ADDRESS THE BOARD; COUNCIL; COMMISSION, AUTHORnY OR COMMITTEE ON
205 George Bush Boulevard WHICHISERVEISAUNIroF:
GTY COUNTY CffY O COUNTY Q OTHER LOCAL AGENCY
Delray Beach., Florida__ 33444 Palm Beach ~~+cALSUeavlsaN:
DATE ON WHICH VOTE OCCURRED
4 / T 7 / 200 7 MY PosmoN Is:
_ ~7 ELECTIVE O APPOINTNE
WHO MUST FILE FORM 8B
This fomt is for use by any 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 or appointive position. For this reason, please pay dose 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 firom knowingly voting oh a mea-
sure which inures to the spedal gain or loss of a prindpal (other than a govemment 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 spedal 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 disGose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publidy 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.
• 4 • .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disdose 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.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
"AKEN:
• 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 wilt incorporate the form in the minutes. {Continued on other side)
CE FORM 88 - EFF. 1!2000
PAGE 1
ITEM 10.A
APPOINTED OFFICERS (contif~uedj
• A ~opy.of.ttie form must tie provided immediatelyao°the-other members of the agency.
• The form must be read publicly at the next meeting after the forth is filed.
IF YOU MAKE NO ATTEMPT TO INFUIENCE THE. DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your cgnflid in the measure' before partiapafing.
• 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 Dopy. 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 P. Eliopoulos ,hereby disclose that on April 17 , 20 07 -
(aj A measure came or wilt come before my agency which (check onej
_ inured to my special private gain or loss;
inured to ttie special gain or bss of my business assoaate, Kul & Elopoulos' Architects , P . A.
_ inured to the specal gain or loss of my relative,
inured to the special gain orloss of , by
whom I am retained; or
inured;lo the; specal gain or loss of ~ ,which
is the parent organization or subsidiary of a principal which has retained me.
(bj The, measure before my :agency and the .nature of my conflicting interest in the measure is as foAows:
Aril 17. 2007 _
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQULREp DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY 8E 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 86 - EFF. 1/2000 PAGE 2