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09-18-07 Minutes RegSEPTEMBER 18.2007 A Regulaz Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:04 p.m., Tuesday, September 18, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Brenda Montague Mayor Rita Ellis Absent - Commissioner Woodie McDuffie Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Deacon Richazd Santana with Emmanuel Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis noted the addition of Item 7.B., Presentations - Swearin~- In Ceremony of the new Fire-Rescue Chief David James. Mr. Eliopoulos requested that Item 8.B., Contract Addition (C.O. No. 11/West Construction. Inc. be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A., Item 8.D., Service Authorization No. 07-O1/Kimlev-Horn and Associates. Inc. be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A., Item 8.E., Repuest for Sidewalk DeferraU1108 Coconut Row be moved from the Consent Agenda to the Regulaz Agenda as Item 9.A.A.A.A., and Item 8.P., Service Authorization 14.4/Currie Sowards Aquila Architects be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A.A.A. Mrs. Montague moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 09/18/07 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of September 4, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to approve the Minutes of the SpeciaUWorkshop Meeting of September 11, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Steady Living HeritaEe Dav -September 22, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming September 22, 2007 as Spady Living Heritage Day. Ms. Vera Ferrington and Daisy Fulton came forward and gave a few comments. 6.B. Walk Our Children to School Day -October 2, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming October 2, 2007 as Walk Our Children to School Day at Banyan Creek Elementary School. Janet Meeks, Education Coordinator and Scott Aronson, Parking Management Specialist came forward to accept the proclamation and gave a few brief comments. 6.C. Fire Prevention Week -October 7 - 13, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the week of October 7 through 12, 2007 as Fire Prevention Week. John Tomaszewski and Chief David James came forward to accept the proclamation. 6.D. Discover After School Dav -October 18, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming October 18, 2007 as Discover After School Day in the City of Delray Beach. Larry Woods came forward to accept the proclamation and gave a few brief comments. 6.E. Character Counts Week -October 21 - 27, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the week of October 21, 2007 through October 27, 2007 as National Character Counts Week in the City of Delray Beach. Peggy Murphy and Janet Meeks came forward to accept the proclamation. -2- 09/ 18/07 7. PRESENTATIONS: 7.A. Sister Cities of Delray Beach, Inc. Youth Ambassadors David Schmidt (former Mayor for the City of Delray Beach), President of the Sister Cities of Delray Beach Delegation, stated on behalf of the Committee he would like to thank the City of Delray Beach for their continued support to help make programs like this student exchange possible. Mr. Schmidt stated this has been a great year for Sister Cities in Delray Beach and they had a very successful Safari Dinner in the spring with the Moshi Committee. He stated they had a visit from Mayor Kaiyo of Moshi, Tanzania in July in conjunction with the International Sister Cities Convention. Mr. Schmidt stated for the past 12 years or so Sister Cities has sponsored a local young artist contest that is sponsored by Sister Cities International. He stated the local winners go on to be judged at the International level and for the third time in twelve years they have an International winner in Delray Beach. Mr. Schmidt stated in November the ten winning pieces of artwork from. around the world will be displayed here at City Hall. He stated this is the 30"' Anniversary of Delray's Sister Cities relationship with Miyazu, Japan and that was established by George Morikami who was a resident of Delray Beach who donated the land where the Morikami Museum is located. Mr. Schmidt stated this is the first year that students other than Atlantic High School attend. The three high schools represented this year were Pope John Paul II, American Heritage, and Atlantic High School. Mr. Schmidt thanked Tony Durante who works with the students a year prior to the trip to teach them some Japanese language and recognized Nancy King, Human Resources ConsultandCommurucations from the City who was a Chaperone and Jimmy Mihori and Chieko Mihori who also served as Chaperones. One of the unique aspects of the student exchange program is that Sister Cities funds almost all the costs involved with the trip and the students are asked to pay $250.00 towards the trip. Mayor Schmidt presented a Certificate to the City Commission from Sister Cities International honoring the City with its 30 year relationship with Miyazu, Japan and also presented the Commission with a rendering. Tony Durante stated in May the City of Delray Beach commissioned seven young people to be Ambassadors from Delray Beach to our Sister City Miyazu, Japan: Mr. Durante introduced the following Student Ambassadors who came forward and gave a few brief comments regarding their trip to Sister City Miyazu, Japan: William J. "Billy O'Connor, Joanna Ann Luo, Jakob Alexander Gittelmaher, Tyler Kennedy, Xuejun "Alice" Wang, Johnathan Whittaker "Whitt" Bullard, and Lindsay Brandt 7.B. Swearing-In Ceremony of Fire-Rescue Chief David James Chevelle D. Nubin, City Clerk, swore in new Fire Chief David James. Chief David James stated this has been alife-long goal to reach the top of the ladder in the fire service. Chief James stated he is honored to have his family present -3- 09/ 18/07 this evening and introduced his son, daughter, twin brother and two sisters. Chief James recognized friends who came from Miami and acknowledged members of the City of Delray Beach Fire-Rescue Department who came to be with him on this special occasion. He stated he is looking forward to working with his new staff and they have demonstrated they are ready to take it to the next level and he is ready to get them there. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CHANGE ORDER NO. Z/ENCO, LLC: Approve Change Order No. 2 in the amount of $29,641.00 to ENCO, LLC for the replacement of the Atlantic Dunes Lifeguard Tower. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). 8.B. CONTRACT ADDITION (C.O. NO. 1)/WEST CONSTRUCTION, INC: Approve a Contract Addition (C. O. No. 1) in the amount of $206,269.25 to West Construction, Inc. for the removal and replacement of a seawall and the redesign of a parapet wall due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project. Funding is available from 334-4174-572- 63.90 (General Construction Fund/Intracoastal Park/Other Improvements). 8.C. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/ROSSO PAVING & DRAINAGE, .INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $57,275.46 decrease and final payment in the amount of $21,425.89 to Rosso Paving & Drainage, Inc. for completion of the N.E. 4th Street Improvement Project. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/Other Improvements/N.E. 4th St.-N.E. 5`h Avenue to N.E. 6th Avenue). 8.D. SERVICE AUTHORIZATION NO. 07-01/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 07-01 in the amount of $85,000.00 to Kimley-Horn and Associates, Inc. for completion of construction plans for implementation of the Florida Department of Transportation (FDOT} approved temporary modifications to US 1 between S.E. 10`h Street and George Bush Boulevard. Funding is available from 334-4141-572-65.99 {General Construction Fund/S.E./N.E. 5~' and 6`h Avenues) after transfer from the Community Redevelopment Agency (CRA). 8.E. REQUEST FOR SIDEWALK DEFERRAL/1108 COCONUT ROW: Approve a request to defer the installation of a sidewalk in front of 1108 Coconut Row. 8.F. W WARD/HATCHER CC AVENUE: Approve an amendment to the bid award between the City, Community Redevelopment Agency (CRA) and Hatcher Development and Construction for the renovation of 133 N.W. 5`h Avenue. The amendment to the bid award shall add necessary changes to the original scope of work and allow for exterior improvements totaling $149,510.45. The Community Redevelopment Agency contribution will increase from $19,138.00 to a total of -4- 09/18/07 $168,648.45, subject to the Community Redevelopment Agency (CRA) Board approval at their September 20, 2007 meeting. 8.G. EXTENSION TO THE MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA. INC.: Approve an extension to the agreement between the City of Delray Beach and Motorola, Inc. for the maintenance and support of the Police Department's field computer applications that will also include the Premier Message switch software, the Premier MDC client licenses, the TalkThru software and licenses, and the CAD interface. Funding is available from 001-2113-521-46.90 (General Fund/Other Repair & Maintenance Costs). 8.H. INTERLOCAL AGREEMENTS/PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM/ORCHARD VIEW PARK AIR POTATO REMOVAL/LEON WEEKS ENVIRONMENTAL PRESERVE: Approve the Interlocal agreements between the City and Palm Beach County for reimbursable grants from the Palm Beach County 2007 Public Lands Grant in the amount of $5,100.00 for Orchard View Park Air Potato Removal and in the amount of $5,000.00 for eradication of prohibited invasive non-native vegetation at Leon Weekes Environmental Preserve. 8_I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING PREVENTION COALITION: Approve an Interlocal Agreement with Palm Beach County for reimbursement of swimming lessons not to exceed $50.00 per child for the Learn to Swim Program at Pompey Park and the Delray Swim/Tennis Center through the Drowning Prevention Coalition of Palm Beach County. 8_J. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR FY 2007• Accept the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $60,576.00 which will provide funding for the Police Department's Holiday Task Force Overtime. 8.K. SPECIAL EVENT REOUEST/8TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 8t Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 24, 2007 through November 25, 2007 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2"a Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3~d Street, to utilize the City Hall parking lot for vendor parking, and to authorize staff support for traffic control, barricading, security and Fire Inspector with the sponsor paying all overtime costs, contingent upon receipt of an executed hold harmless agreement. 8.L. SPECIAL EVENT REQUEST/21sT ANNUAL TURKEY TROT• Approve a special event request to allow the 21St Annual Turkey Trot to be held on Saturday, November 17, 2007 from 5:00 a.m. until approximately 9:00 a.m., including temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, bamcade set-up/removal, trash removal and -5- 09/18/07 clean up, use of half of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 7:00 a.m. until approximately 10:00 a.m. 8.M. 2007-2008 AGREEMENT/CHILDREN'S SERVICES COUNCILBEACON CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL: Approve an agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $769,009.00 for programs and services carried out under the Beacon Center at Village Academy Elementary School for FY 2007/2008. 8.N. AGREEMENT/CHILDREN'S SERVICES COUNCIL OUT OF SCHOOL PROGRAM: Approve an agreement between the City of Delray Beach and Children's Services Council (CSC) for a reimbursable amount up to $314,825.00 for the Parks and Recreation Out-of-School Youth Recreation/Enrichment Programs, which includes After School,- Holiday/Spring Camp, One Day Camps and Summer Camp. 8.0. FLORIDA LEAGUE OF CITIES AND FLORIDA LEAGUE OF MAYORS/GREEN CITY ACTION ACCORD: Authorize the Mayor to sign the "Mayors' Green City Action Accord" resolutions adopted by the Florida League of Cities and the Florida League of Mayors. 8.P. SERVICE AUTHORIZATION 14.41CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 14.4 in the amount of $32,750.00 to Currie Sowards Aguila Architects for additional design and construction administration services for the redesign of a site retaining wall and the design of a new sea wall, due to actual site conditions, for the Mangrove Park Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park/Other Improvements). 8~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 3, 2007 through September 14, 2007. 8.R. AWARD OF BIDS AND CONTRACTS: 1. Contract award to GC Works, Inc. in the amount of $133,093.40 for the construction of Sunshine Neighborhood Park. Funding is available from 334-4151-572-68.39 (General Construction Fund/Sunshine Park). 2. Contract award to West Construction, Inc. in the amount of $458,932.60 for the Lindell Boulevard Traffic Calming Project. Funding is available from 334-3162-541-65.78 {General Construction Fund/Traffic Calm-Lindell Blvd). 3. Purchase award to Argo Uniform in the amount of $34,053.00 for the purchase of replacement uniforms for the Police Department. Funding is available from 001-2111-521-52.22, 001-2113-521- -6- 09/ 18/07 52.22, 001-2115-521-52.22, 001-2117-521-52.22, 001-2119-521- 52.22 and 001-2121-521-52.22 (General Fund/Uniforms/Linen Service). 4. Purchase award to Dell Marketing, Inc. in the amount of $58,376.00 for the purchase of twenty (20) laptops and seventeen (17) docking stations and to SunGard H.T.E in the amount of $16,725.00 for the purchase of fifteen (15) licenses for the Fire- Rescue Department. Funding is available from 334-6112-522- 64.90 (General Construction Fund/Other Machinery/Equipment). 5. Bid award to Carlson-Moore Construction in the amount of $160,780.80 for box seat replacement of 1,272 box seats with cup holders at the Tennis Stadium. Funding is available from 001- 4210-575-63.90 (General Fund/Other Improvements). Mrs. Montague moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 1O.A. RESOLUTION N0.53-07 (MILEAGE LEVI')• A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2008. The caption of Resolution No. 53-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 53-07 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -7- 09/ 18/07 The City Attorney announced that Resolution No. 53-071evies a tax on all properties in the City of Dekay Beach for fiscal year 2008. The millage rate is 6.14 mills for operation and maintenance of the General Fund; 0.43 mills for the payment of principal and interest on bonded indebtedness for a total of 6.57 mills (which equals the millage rate). The rate of 6.5783 mills is less than fiscal year 2007. Operating millage is 6.14, while debt service millage remains at 0.43. The rolled back rate calculated under the TRIM law for operating purposes is 6.7527 mills. The millage rate is 9.156% less than the rolled back rate. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 53-07, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 53-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.B. RESOLUTION NO. 54-07 (MILEAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2008. The caption of Resolution No. 54-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 54-07 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney announced that Resolution No. 54-07 levies a tax in the amount of 0.8855 mills on all properties within the Downtown Development Authority (DDA) Taxing District of the City of Delray Beach for fiscal year 2008. This millage is less than the 0.9731 rolled back rate calculated under the TRIM law by 9.89%. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 54-07, the public hearing was closed. -8- 09! 18/07 Mr. Eliopoulos moved to approve Resolution No. 54-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.C. RESOLUTION NO. 55-07 BUDGET ADOPTION FOR FY 2008)• A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2007 through September 30, 2008. The caption of Resolution No. 55-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE lst DAY OF OCTOBER, 2007, TO THE 30th DAY OF SEPTEMBER, 2008; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 55-07 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated at its meeting of September 17, 2007 the Planning and Zoning Board reviewed this and recommended approval of the CIP consistency component. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 55-07, the public hearing was closed. Mrs. Montague moved to approve Resolution No. 55-07 (adopting the fiscal year 2008 Budget) on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis - Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. -9- 09/ 18/07 10.G1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2008 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Capital Improvement. Plan, the public hearing was closed. Mr. Fetzer moved to approve the Five Year Capital Improvement Plan as submitted, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 39-07: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for changes in residential, nonresidential, and imgation rates for FY 2008. The caption of Ordinance No. 39-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 39-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 39-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. -10- 09/ 18/07 10.E. ORDINANCE NO. 40-07: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. The caption of Ordinance No. 40-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL .RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 40-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 40-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 40-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 41-07: An ordinance amending Chapter 51, "Garbage and Trash", of the City C_ ode of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.6% for FY 2008. The caption of Ordinance No. 41-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", -11- 09/ 18/07 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 41-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 34-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.13, "Central Business District", and Section 4.6.9, "Off-Street Parking Regulations", to permit the use of parking lifts. The caption of Ordinance No. 34-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS" BY AMENDING SUBSECTION 4.6.9(D)(1) "GENERAL DESIGN CONCEPTS" AND BY ENACTING SUBSECTION 4.6.9(D)(11) "MECHANICAL PARKING LIFTS"; AND AMENDING SUBSECTION 4.6.9(F) "SPECIAL PROVISIONS" BY ENACTING SUBSECTION 4.6.9(F)(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING -12- 09/ 18/07 LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The 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. At this point, Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Scott Aronson, Parking Management Specialist, stated this was before the City Commission on September 4, 2007 and approved on First Reading with all the stipulations and conditions applied to this ordinance. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 34-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 34-07 on Second Reading/Second Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes. Said motion passed with a 3 to 0 vote. At this point, Mr. Eliopoulos returned to the dais. 10.H. ORDINANCE NO. 35-07 (SECOND READING/SECOND PUBLIC HEARING): City mrtiated amendment to the Land Development Regulations (LDR) Section 4.4.13(G)(1), "Central Business District (CBD)", to modify parking requirements for hotels and motels in the original Downtown Development Area in the Central Business District. The caption of Ordinance No. 35-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION G, -13- 09/18/07 "SUPPLEMENTAL DISTRICT REGULATIONS," SUBSECTION (G)(1), "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO ESTABLISH PARKING REQUIItEMENTS FOR HOTELS AND MOTELS WITHIN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 35-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The 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. Scott Aronson, Parking Management Specialist, stated this ordinance was approved by the City Commission on September 4, 2007 and he is present to answer any questions the Commission may have. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 35-07 on Second Reading/Second Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.I. ORDINANCE NO. 42-07: An ordinance amending Chapter 50, "Utilities Generally: Public Service Tax", Section 50.15, "Levy of Tax", to provide for an increase of the public service taxes for electricity, fuel oil and gas. The caption of Ordinance No. 42-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.15, "LEVY OF TAX", TO PROVIDE FOR AN INCREASE IN THE TAX CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-07 is on file in the City Clerk's -14- 09/ 18/07 The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 42-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 42-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.J. ORDINANCE NO. 36-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.2.3, "The Site Plan Review And Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a method for appeals; amending Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the beach property owners design manual; amending Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay Districts", to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods. The caption of Ordinance No. 36-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION (D}, "DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE AND INTENT", (E), -15- 09/ 18/07 "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND AMENDING SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE NORTH BEACH AND SEAGATE NEIGHBORHOODS DESIGN MANUAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is to achieve consistency between the Beach Design Guidelines and the Land Development Regulations. He stated it makes specific reference to appealable items and where they should go (i.e. one to the Board of Adjustment and one to the Site Plan Review and Appearance Board). Mr. Dorling stated the ordinance also spells out the time which the plans are to be reviewed (within 30 days) and giving the authority for additional regulations to be applied that are identified in the Beach Property Owners Manual. At its meeting of August 20, 2007, the Planning and Zoning Board voted 7 to 0 vote to recommend approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 36-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.K. ORDINANCE NO. 37-07: City initiated amendment to the Land Development Regulations (LDR) Appendix "A", "Definitions", by enacting definitions for "adult material", "specified anatomical areas" and "specified sexual activities". -16- 09/ 18/07 The caption of Ordinance No. 37-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No 37-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is changes to three definitions in Appendix "A" which came out of a recent court ruling which indicated if your definition portion of the adult entertainment ordinance is too vague it could jeopardize the entire ordinance. Therefore, staff is revising those definitions. At its meeting of August 20, 2007, the Planning and Zoning Board voted 7 to 0 to recommend approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 37-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.L. ORDINANCE NO. 43-07: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within the City of Delray Beach Utility Service Area", to provide that all customers shall connect to the Reclaimed Water System; amending Section 59.09, "Fees, Rates and Charges", to increase the wholesale rate; and amending Section 59.13, "Approved Uses of Reclaimed Water", to provide for hours of use for imgation. - 17- 09/ 18/07 The caption of Ordinance No. 43-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.06, "USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO PROVIDE THAT ALL CUSTOMERS SHALL CONNECT TO THE RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES, RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE AND AMENDING SECTION 59.13, "APPROVED USES OF RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR IRRIGATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 43-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 43-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 43-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 0 vote. 10.M. ORDINANCE NO. 44-07: City initiated amendment to the Land Development Regulations (LDR), Section 2.4.3(K)(1) "Development Applications" reducing the development application fee for variances before the Historic Preservation Board. The caption of Ordinance No. 44-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY -18- 09/ 18/07 AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION 2.4.3(K){1), "DEVELOPMENT APPLICATIONS", TO REDUCE THE FEE FOR HISTORIC PRESERVATION BOARD VARIANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 44-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated on August 21, 2007, the City Commission passed Ordinance No. 25-07 that proposed increases and fees. One of those fees was the Historic Preservation Board (HPB) fee and at that time the City Commission directed staff to come back with a change to reduce the fee from $500.00 to $250.00 so as not to discourage an applicant from seeking relief in order to preserve a historic structure. Mr. Dorling stated there is also a slight change from "self-addressed envelopes" to "pre-addressed envelopes". Mayor Ellis declared the public hearing. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 44-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.N. RESOLUTION NO. 56-07/INTERLOCAL AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/133 N.W. 5` AVENUE: Consider approval of Resolution No. 56-07 authorizing the City to purchase property, located at 133 N.W. 5th Avenue, to provide land to be used in conjunction with the Community Land Trust affordable residential housing; and approve Interlocal Agreement for Sale and Purchase of Real Property between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00 for the transfer of the property located at 133 N.W. 5`h Avenue to the City. The caption of Resolution No. 56-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM - 19- 09/ 18/07 SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 56-07 is on file in the City Clerk's office.) The 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 an Interlocal Agreement for the sale and purchase of real property between the Community Redevelopment Agency (CRA) and the City of Delray Beach. The intent is for the City to transfer the land to the Community Land Trust (CLT) and the property is located at 133 N.W. 5th Avenue in the City of Delray Beach. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 56-07, the public hearing was closed. Mrs. Montague moved to approve Resolution No. 56-07, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.0. RESOLUTION NO. 57-07/INTERLOCAL AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/LAFRANCE HOTEL/140 N.W. 4th AVENUE: Consider approval of Resolution No. 56-07 authorizing the City to purchase property, located at 140 N.W. 4t'' Avenue, to provide land to be used in conjunction with the Community Land Trust affordable residential housing; and approve Interlocal Agreement for Sale and Purchase of Real Property between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00 for the transfer of the LaFrance Hotel property located at 140 N.W. 4t'' Avenue to the City. The caption of Resolution No. 57-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED -20- 09/ 18/07 HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 57-07 is on file in the City Clerk's office.) The 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 resolution adopts an Interlocal Agreement for the sale and purchase of real property between the City of Delray Beach and the Community Redevelopment Agency (CRA). This is the La France Hotel property located at 140 N.W. 4 Avenue. The City Attorney stated when the City of Delray Beach obtains title to the land upon closing it will be transferred to the Community Land Trust (CLT) to be used for affordable residential use. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 57-07, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 57-07, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -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 Item. 11.A. City Manager's response to prior public comments and inquiries In response to Mr. Bill McDonough's concern that the proposed historic district regulations would not allow him to build anything larger than his current home on his property (S.E. 7th Avenue), the City Manager stated according to the Property Appraiser's records the home on that property today has air condition space of 2,270 square feet, two open porches (one at 260 square feet and one at 132 square feet) and a finished garage of 600 squaze feet for a total of 3,262 square feet. He stated the proposed regulations would allow a residential building of 3,656 square feet so it would be larger than what Mr. McDonough currently has on the property. The City Manager stated staff will communicate this to Mr. McDonough. 11.B. From the Public. 11.B.1. Carolyn Zimmerman, 212 S.W. 2"d Avenue, Delray Beach, commented about Joe Weldon retiring soon and stated he has really done a good job as the Director -21- 09/ 18/07 of Parks and Recreation and has done some really great things for the community. Miss Zimmerman also commended former Fire-Rescue Chief Kerry Koen and the great job he has done. She stated for years she has wanted to paint the door red on the main fire station: The City Manager suggested that Miss Zimmerman go before the Site Plan Review and Appearance Board (SPRAB) if she would like to volunteer to paint the door of the main fire station red. Miss Zimmerman also commended the City Manager for all the things he has done and she stated that the City of Delray Beach has had some really good people working for them and they all deserve thanks. 11.B2. Matthew Grabham, 350 S.E. 7th Street, Delrav Beach, stated he lives opposite Mr. Bill McDonough and stated he has written the Commission which he believes is very substantial evidence that the 300 block does not have historic fabrics. Mr. Grabham stated two doors up from Mr. McDonough is a 6,000 square foot house that was built with 40% lot coverage and is a two-story home. He stated that demonstrates that Bill can only build 3,300 square feet when he is two doors away from a 6,000 square foot house and that illustrates why the proposed LDR's have been voted down by Board after Board. He stated this is the third time that the LDR's have back to the Commission and have been stopped because Boards keep voting against it and the public keeps saying this is not reasonable. Mr. Grabham urged the Commission to consider what the residents are going through when they do their evaluation. The City Manager stated the lot Mr. Grabham is speaking of that has the big house on it is 11,761 square feet whereas Mr. McDonough's lot is 8,125 square feet. Mr. Grabham stated on the 8,125 square foot lot he is restricted. 11.B.3. Alice Finst, 707 Place Tavant, Delrav Beach, stated she too has been offering to buy paint for the front door of the main fire station and approximately two years ago SPRAB approved a whole new front for that area. Mrs. Finst stated in honor of the outgoing Fire Chief and the new Fire Chief she asked that the project be done. She stated the project has been approved and just needs to be completed and inquired whether or not she would have to go to SPRAB to get an extension on the project because it is over 18 months. Mrs. Finst stated she was late coming to the meeting this evening because she stayed home to watch the video streaming. She tried to get the streaming audio and 1620 am at home and she was not successful. Mrs. Finst stated she was prepared to speak to the Commission once again about this issue but to her amazement when she turned on her car radio she was able to listen to the meeting while driving down Lake Ida Road. Mrs. Finst thanked the City for making it work. 12. FIRST READINGS: 12.A. NONE. At this point, the time being 7:35 p.m., the Commission moved to Item 9.A.A. (formerly 8.B.) of the Regular Agenda. -22- 09/18/07 9. REGULAR AGENDA• 9.A.A. CONTRACT ADDITION (C.O. NO. 1)/WEST CONSTRUCTION. INC: Approve a Contract Addition (C. O. No. 1) in the amount of $206,269.25 to West Construction, Inc. for the removal and replacement of a seawall and the redesign of a parapet wall due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project. Funding is available from 334-4174-572- 63.90 {General Construction Fund/Intracoastal Park/Other Improvements). Richard Hasko, Director of Environmental Services, stated the change orders are a result of early on doing pre-construction site evaluations, etc. He stated this area was very heavily vegetated and with a lot of mangroves and wetlands. Staff was very restricted by Department of Environmental Protection (DEP) as to how much pre- construction investigation they can do. Mr. Hasko stated the consultants did the best that they could in trying to pin down the soils conditions for design purposes and trying to do the appropriate investigations of the existing seawall and the structures to determine what needed to be done. He stated during the design process and in the bid documents staff acknowledged that they really did not have a clear idea because they could not get in to do a clear investigation and therefore line items have been put into the contract for repair. Mr. Hasko stated now that staff is prepared to do the work they are finding out that the existing seawall that runs east and west where the boat is going to be is much more deteriorated than staff had thought from the initial inspections. He stated the .entire wall needs to be replaced at this point which is one part of the change order and the other part is the proposed retaining wall going along the east side of the parking area and noted this was an area that was heavily in mangroves and staff could not get back there legally to do the proper soil investigations. He stated the consultants designed the retaining wall for a normal soils condition. He stated when they went out to actually do the work the contractor ran into a layer of cap rock which staff did not anticipate. He stated Item 8.P. is the associated engineering fees for the redesign of those site elements. Mr. Eliopoulos expressed concern over the process and because there are monies he does not necessarily want to use them. He stated with regard to the wall he would have liked to have seen this at the front end of the contract and asked why staff went about accessing the site after the fact. Mr. Hasko stated when you are working in an area where there are environmentally sensitive surroundings, wetlands, and mangroves and you are going to disturb much of that during the construction there is an extremely lengthy permitting process with a lot of negotiating. He stated you are trying to get started on the design yet you do not have a permit from the environmental agency to actually go in there because of the sensitivity of the environment to do the appropriate geotechnical investigations. Jose Aguila, (Architect/Consultant), gave a brief overview of the project and stated their task was to try and design a project that served what the City believed - 23 - 09/ 18/07 their needs were (number of boat slips and number of car parks). He stated by pure coincidence they happen to have a contract with the condominium next door who wanted to add parking and put in a new entry gate. He stated they were able to look at the property geometry of what the City had with the neighbors to the north. Mrs. Montague asked if we can anticipate any additional costs. In response, Mr. Aguila stated they are very comfortable and confident that what they are planning on doing now will not run into anything unforeseen. Mr. Hasko stated there is not a final number yet but it will not be anywhere near these numbers. However, staff ran into soil conditions and when the contractor got to the site and started putting in some of the underground utilities, drainage, etc. he ran into a lot of varied construction debris which staff had no idea was there mostly consisting of chunks of concrete and old pieces of road. Mr. Hasko stated traces. of it showed up in the borings but not on the magnitude of what the contractor found. Therefore, he stated staff is making some prudent technical decisions as to how this is going to be dealt with. Mr. Hasko stated they are going to take out what is going to be in the way of the pipes. He reiterated that there are not complete numbers but they will not be anywhere near what the Commission is looking at this evening with regard to this change order. Mr. Eliopoulos stated he would not have cared if we did not have to do the bathrooms but in the future he suggested that staff have a game plan so that he does not feel forced into the corner. The City Manager stated the City of Delray Beach has put $1 million into the project and there is a grant from the Florida Inland Navigation District (FIND) of approximately $660,000.00 and Palm Beach County has set aside $1 million for the project and will put up to $1 million to finish the project above the City's part and the F.I.N.D. part. The City Manager stated staff believes there is enough in the County grant to cover these additional costs. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.B.), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A.A. SERVICE AUTHORIZATION 14.4/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 14.4 in the amount of $32,750.00 to Currie Sowards Aguila Architects for additional design and construction administration services for the redesign of a site retaining wall and the design of a new sea wall, due to actual site conditions, for the Mangrove Park Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park/Other Improvements). -24- 09/18/07 Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A. {formerly Item 8.P.), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. SERVICE AUTHORIZATION NO. 07-01/KIMLEY-HORN AND ASSOCIATES. INC.: Approve Service Authorization No. 07-01 in the amount of $85,000.00 to Kimley-Horn and Associates, Inc. for completion of construction plans for implementation of the Florida Department of Transportation (FDOT) approved temporary modifications to US 1 between S.E. 10th Street and George Bush Boulevard. Funding is available from 334-4141-572-65.99 (General Construction Fund/S.E./N.E. 5th and 6`h Avenues) after transfer from the Community Redevelopment Agency (CRA). Prior to the vote,- Mr. Eliopoulos stated the fee seems appropriate for the amount of work that they are going to be doing and there is an earmark for $1.4 million and inquired as to what this amount actually gets applied to. He expressed concern over what the total cost will be once we get the design and do the study. Mr. Hasko stated the $1.4 million will be available July 2008 and staff has requested that it be set aside for two consecutive years because staff was negotiating its preliminary proposal with the Florida Department of Transportation (FDOT). There is no specific expiration, however, FDOT exhibited some reluctance but they did go ahead and postpone it for one more year. Mr. Eliopoulos inquired about how much funding the Community Redevelopment Agency (CRA) and if the ruling stands how might this affect the City of Delray Beach with funding from the CRA. The City Manager stated he believes the project in the CIP is approximately $3.4 million which would be approximately $2 million from the CRA. If the CRA cannot finance that $2 million he is not sure if there is a match requirement in the earmark and whether you can take the $1.4 million and do what you could within those eight blocks. The City Manager inquired about who would be paying for the physical work of the temporary narrowing once staff gets the design. Mr. Hasko stated the CRA will be covering the cost. Mrs. Montague moved to approve Item 9.A.A.A. (formerly Item 8.D.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A. REQUEST FOR SIDEWALK DEFERRAL/1108 COCONUT ROW• Approve a request to defer the installation of a sidewalk in front of 1108 Coconut Row. At this point, Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. -25- 09/ 18/07 Mrs. Montague moved to approve Item 9.A.A.A.A. (formerly Item 8.E.), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 8:05 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9.A. RENEWAL/LIABILITY, WORKERS' COMPENSATION AND PRIMARY PROPERTY INSURANCE PROGRAMS: Consider renewal of the City's liability, workers' compensation and primary property insurance programs effective October 1, 2007. Frank Babin, Risk Manager for the City of Dekay Beach, stated in June 2007 the City restructured the excess property program through Arthur J. Gallagher & Co. at a significant savings to the City. Mr. Babin stated in October 2007 the rest of the major programs come up for renewal (i.e. primary property, workers' compensation, and the primary liability insurance for the City). He stated four years ago Arthur J. Gallagher & Co. compiled a package policy that includes workers' compensation at a good rate. Lisa Rodriquez, Area Vice President with Arthur J. Gallagher & Co., stated one of things they did this renewal after having restructured the access property last June is that they were going to recommend ashort-term program for the City of Delray Beach from October until June 2008 so that the City would have one common expiration date for the bulk of the program. Ms. Rodriquez stated having recommended that the one thing they wanted to pull out of that is that package policy Arthur J. Gallagher & Co. has for workers' compensation and the primary liability. The reason they would like to recommend an 18 month program instead of the 8 month program is because Arthur J. Gallagher & Co. has been able to negotiate an extremely competitive renewal program for the City at the October 2, 2007 renewal. The City is currently facing a number of workers' compensation presumption clause claims as well as the fact that the City experience modification factor for the current term has increased by 22 points over the last year. She stated the loss history for workers' compensation has increased tremendously. Ms. Rodriguez stated despite that and the fact that the City's payroll as well as the number of employees has increased over the last year they were able to secure a renewal program for 18 months for the City with an 8% increase from last year despite a 12% increase in payroll and number of employees which is a 4% rate reduction for the City. Ms. Rodriguez suggested that the City lock into the 18 month term because of the fact that there are a number of claims out there that if they turn south over the next 12-18 months, this could significantly impact the City in both the amount of retention that the insurance market place would demand at the following renewal as well as in the ratings. Mr. Babin stated there was an error and the number of employees was reported incorrectly. He stated the number should not be 951 but should actually be approximately 860 total. Mr. Babin also noted a correction to an amount on page two of the Agenda memorandum and stated the amount of $400,000 should be $500,000. -26- 09/ 18/07 Mr. Babin stated he is requesting Ciry Commission renew the liability, workers' compensation, and primary property insurance programs of the City of Delray Beach as recommended by staff and in concurrence with Arthur J. Gallagher & Co. as listed in staff's memorandum. Mrs. Montague moved to approve to renew the liability, workers' compensation, and primary property insurance programs of the City of Delray Beach as recommended by staff and in concurrence with Arthur J. Gallagher & Co as listed in staff's memorandum, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 0 vote. 9.B. WAIVER REQUEST/744 SEASAGE DRIVE: Consider a request for a sidewalk waiver associated with the demolition of an existing home and construction of a new single family residence located at 744 Seasage Drive, within the Beach Overlay District. (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial 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. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-236 into the record. Mr. Dorling stated this is a private request from the home builder at 744 Seasage Drive to request a waiver to the sidewalk. He stated there are required findings that need to be made pursuant to LDR Section 2.4.7(B)(5) and those are contained in the staff report. Mr. Dorling stated staff finds that this waiver request does not meet those findings particularly Item (d) which infers that this would result in a special grant or privilege. Prior single family development proposals were granted sidewalk deferrals by the Development Services Management Group (DSMG), not sidewalk waivers. A deferral would require installation if and when sidewalks are ultimately installed. This is more equitable rather than requiring the tax payers to fund this future improvement. Staff recommends denial of the waiver request but an approval of a sidewalk deferral similar to the way these have been granted in the past. Ronald Rowe, Custom Home Builder for Dr Bart Gatz (Applicant), stated the home is stunning that will enhance the area and will look beautiful on the site. He stated the reason for the sidewalk deferral versus the waiver is because they feel it is in an area where there is an area where there is a sidewalk. Also, Mr. Rowe stated this is -27- 09/ 18/07 an awkward lot and noted that all the utilities in that area all run underground. He displayed photos to the Commission showing the gas that runs through and an overhead pole, Comcast cable in the area and every utility that goes through the City in its infrastructure on that lot where a sidewalk would be. He stated the cost would be catastrophic if that was also incurred for the homeowner to move. Mr. Rowe stated with the cost of property taxes there is not a person in this room that should inherit putting that sidewalk in place. He stated the Gatz's will incur enough expenses over the years and he does not feel they should be obligated for the sidewalk and thus the reason for the request for the waiver. There was no cross-examination. Mr. Eliopoulos asked who is responsible for the cost of the sidewalk and if there was something that was a City utility would they have to incur the cost to move it. The City Manager stated he cannot conceive any situation where the City would have to move anything. He stated typically sidewalks go in the right-of--way over underground electric, water lines, etc. The City Manager stated if you have to dig them up you tear the sidewalk up and dig it up and re-pour the sidewalk. He stated the sidewalk is not that expensive. The following individuals gave a brief rebuttal: Mr. Dorling stated the applicant has said on the record that we should defer this improvement and that we concur. He stated this should be deferred and the question is whether the applicant and the owner of this property should pay for the sidewalk in front of his property or it should be waived and the taxpayers should pick up the expense. Mr. Dorling urged the Commission to be consistent and approve a deferral at this time. Mr. Rowe stated he does not feel this owner right now should bare the cost of the sidewalk. He stated he understands you have to look out for the good of the City and he believes sidewalks will one day look good there. Mr. Rowe stated when the sidewalk does come into play one day everyone will have to deal with it. Mayor Ellis stated that anyone on the street that is involved in the same situation is going to come across the same thing. Mr. Dorling stated that Mayor Ellis is correct. Mrs. Montague stated they are talking about Intracoastal properties which have been redeveloped over a period of years and asked if we have had other projects or renovations or new construction that have come before us and if so how was this handled. In response, Mr. Dorling stated the City has approved deferrals in those cases. Mrs. Montague asked if the City has ever approved a waiver along this street. Mr. Dorling stated he is not aware of any and the City's policy has been to entertain deferrals not waivers. -28- 09/18/07 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). Mrs. Montague moved to adopt the Board Order (denying the waiver request), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion denying the waiver passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Sidewalk Deferral Agreement, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.C. WAIVER REpUEST/MAROONE CHRYSLER JEEP DODGE DEALERSHIP: Consider a request for waiver to allow the installation of a 1,400 square foot temporary office trailer for the Maroone, Chrysler, Jeep, Dodge automotive dealership as a temporary sales office for the employees and a customer waiting area to be utilized during the construction of the new showroom/office building. (Quasi-Judicial Hearin 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. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning Department, entered the Planning and Zoning Department project file #2007-334 into the record. Mr. Dorling stated the request is to allow the installation of a 1,400 square foot temporary office trailer for the Maroone, Chrysler, Jeep, Dodge automotive dealership on Linton Boulevard east of I-95. He stated this will serve as a temporary sales office for the employees and a customer waiting area to be utilized during the construction of the new showroom/office building. Since permits for temporary office trailers are not included within the list of allowable temporary uses a waiver to LDR Section 2.4.6(F) is now before the Commission. Mr. Dorling stated staff is asking for approval subject to the following conditions: (1) That the temporary use permit shall not be effective until the issuance of a permit for the permanent improvements (i.e. construction of the showroom), (2) That the temporary use permit be valid for no more than two years from the date of issuance, (3) That the temporary office trailer be removed from the property and the area restored to a parking area pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the showroom offices. -29- 09/ 18/07 Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach (representing the Applicant), stated the architect and the general contractor are present this evening. He stated they have met the burden of proof with respect to the four findings listed in the staff report and agree with the conditions. 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. 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 approve the Board Order (approving the waiver subject to the conditions), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.D. FINAL .SUBDIVISION PLAT/HIBISCUS LAKE ESTATES: Approve the subdivision plat for the Hibiscus Lake Estates and associated waivers to Land Development Regulations (LDR) Section 6.1.3(B)(2) "Sidewalk", and Section 6.1.2(C) "Pavement Width", fora 4-lot single family subdivision located south of Hibiscus Lane, east of Lake Ida. (Quasi-Judicial Hearing) 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. The Commission had no ex parte communications to disclose. At this point, Mr. Eliopoulos disclosed that he heard this at a Lake Ida Design Guideline Meeting and it was explained that they were going to be doing the development. At this point, the City Clerk swore in Paul Dorling, Director of Planning and Zoning. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-339 into the record. Paul Dorling, Director of Planning and Zoning, stated this is a 1.80 acre property and is one existing lot which is to be subdivided to create 4 single family lots. At its meeting of April 16, 2007, the Planning and Zoning Board reviewed the initial proposal and recommended it be rescheduled for a subsequent meeting of the Board. Also at this meeting, direction was given to the applicant via the Planning and Zoning Board members to address two primary concerns. First, that a major redesign of the project be considered; specifically the incorporation of an appropriate turn around feature - 30 - 09/ 18/07 such as a cul-de-sac. Second, that a meeting between the applicant and the neighbors take place to address the details of the project proposal and its impact on the neighborhood. The applicant has subsequently met both conditions. Mr. Dorling stated the plat has two waivers associated with it. One to the requirement that you have sidewalks on both sides of the street and the other waiver was to the width of the street (24 foot minimum}. The applicant wanted 20 feet in this subdivision and there was another condition that Hibiscus Lane which is an average of 17 %2 feet also be expanded to 20 feet. At its meeting of June 18, 2007, the Planning and Zoning Board did support the waiver but supported the waiver for both sides of the street within the subdivision and requested that the applicant not be required to provide the sidewalk on one side of Hibiscus Lane. The Board supported the 20 foot internal to the subdivision but they did not support the 20 feet for Hibiscus Lane. Staff supports the original recommendation which would require the sidewalks on one side within the subdivision on the South side of Hibiscus Lane and supports the 20 feet internal to the subdivision and the requirement to widen Hibiscus Lane to a minimum of 20 feet. Michael Weiner, Attorney with Weiner & Aronson, P A , 102 North Swinton Avenue, Delray Beach (representing the Applicant), stated the Commission has voted for sidewalk waivers not just deferrals and entered into the record a copy of the December 12, 2006 City Commission minutes which show an approval with a 5 to 0 vote for 510 Seagate Drive. He complimented staff and noted that the better design is the cul- de-sac and this is why they went with a cul-de-sac not a hammerhead road layout. They had to have a re-design and they had to talk with the neighbors (present this evening). Mr. Weiner stated Hibiscus Lane is a private street that is going to lead to a cul-de-sac and is one of those unique areas in Delray Beach. He distributed photographs of Hibiscus Lane. Mr. Weiner stated the City Commission also approved a waiver for Tropic Cay Townhouses at their July 25, 2006 meeting and noted this has been done for others and is not a special privilege. Mr. Weiner stated that there are no sidewalks on one side or the other and no sidewalks on Hibiscus Lane. With respect to the conditions, Mr. Weiner stated there should not be a condition for increasing the size for improving the road of Hibiscus Lane but only a condition that there be traffic calming and that there be no sidewalks neither on one side or the other (all they would be doing is crossing over); and that there be no sidewalks on Hibiscus Lane. He stated that is a waiver for which they have met the burden of proof and which they should be allowed to have. Mr. Weiner stated the Planning and Zoning Board voted in favor of what they are proposing tonight after they heard what the Commission will hear from the public. The following individuals from the public spoke: Paul Schmitt, 945 Hibiscus Lane, Delray Beach talso speaking for his nei hbor stated they do not agree with the traffic calming on Hibiscus Lane because this is a private road and if someone is not driving properly they will go out and tell them -31- 09/ 18/07 to slow down. He stated there is no reason to widen the sidewalk and everyone can take care of it with the increased traffic. Peter Goodridge, 1075 Hibiscus Lane, Defray Beach, stated Mr. Weiner did a good job explaining the reasons why all the residents do not want a sidewalk and do not want to widen the street. He stated initially when they found out that Mr. Colnon (Signature Builders Group, Inc.) wanted to develop that property no one on the street wanted this. Therefore, they initially approached this from the standpoint that they were going to oppose the re-platting of that property and retained counsel and sought his advice. They were informed that they did not have a case but they had a case because the street did not have to be touched and Mr. Weiner has stated all those reasons. Mr. Goodridge stated they had meetings with the Planning and Zoning Board and had several individual meetings with the Planning and Zoning Board again and unanimously approved no sidewalks and no widening of the street. Mr. Goodridge stated the public who spoke assumed since the Planning and Zoning Board approved this unanimously that it was a done deal. Mr. Goodridge suggested saving people a lot of time, money, and effort and instead of things going before the Planning and Zoning Board let staff unilaterally make the decisions on what is going to go on. He does not understand why staff did not concur with the Planning and Zoning Board's recommendations if it was unanimous. Rob .Toth, 1010 Hibiscus Lane, Delray Beach, concurred with comments expressed by Mr. Schmitt and Mr. Goodridge. He stated he would like everyone to understand the compromise, time, and effort that everyone went through to get to this stage. He stated there is a median and there is a split road. Mr. Toth stated he finds this perplexing that there is even discussion regarding the sidewalk when the Planning and Zoning Board made the recommendation to not have the sidewalk and they would not even be connected. There was no cross-examination. Richard Hasko, Director of Environmental Services, stated he does not recall conversations about waivers but if the City has approved waivers in recent history they are few and far between and there must have been special circumstances. Mr. Hasko stated staff does not normally do waivers for the reason that the City retains the ability to have the homeowner build the sidewalk in front of his home when it is required rather than the taxpayers of the City that may or may not be getting a benefit from it. Mr. Hasko stated generally staff looks at what is happening in the rest of the neighborhood and there are many neighborhoods in the City where they will recommend deferrals because there are no sidewalks and no pedestrian circulation and that is not the case here. He stated there are sidewalks on l lth that go down to the park and on 6th (on the east side) about a third or halfway down there is an existing sidewalk. Mr. Hasko stated in terms of the road width the reason that this 17 foot roadway has been satisfactory for well over 40 years is because it essentially has not been a road but has been a driveway. He stated as the neighbors have testified there has been one single family home there for years and this piece has functioned as a driveway to one persons home. -32- 09/18/07 Mr. Weiner gave the following brief rebuttal: Mr. Weiner made reference to a letter dated April 30, 2007 signed by the Assistant Fire Chief stating that radiuses and the road is designed safe. Mr. Weiner stated as of September 12, 2007 the Environmental Services Department signed off on the engineering with respect to this plat and that included the engineering with respect to it having a 17 foot private road entrance and no sidewalk. Therefore, Mr. Weiner stated the plat had to be reviewed by the Police Chief and the Fire-Rescue Department before the signature on September 12~' so these issues have akeady been addressed by the City's various departments and have come to the conclusion that this meets the engineering standards with respect to this plat. Mr. Weiner stated they have more than met the burden of proof and as far as it being a subdivision there is no difficulty because the trips generated by three houses are just not sufficient and it is demonstrated because there are approvals with respect to these plans after it passed through various departments. Mr. Eliopoulos made reference to the letter and it appears that it is talking about Phil's Road and not necessarily Hibiscus Lane. Mr. Weiner stated there were long discussions at the Planning and Zoning Meeting that for one reason or another that they in fact could make it through on 17 feet even with three additional houses under the circumstances and it moved forward. Mr. Weiner stated it was examined in that it is a condition of approval in the staff report and has been debated at the Planning and Zoning Board Meeting and everyone came to the same conclusion. Mr. Eliopoulos stated from his dealings with the Lake Ida Homeowners' Association they have strongly written with regards to the Board of the Association stating that they do not want sidewalks (not with this particular project but in Lake Ida in general that they do not want sidewalks). Mrs. Montague asked regarding the reduction from 24 feet to 20 feet what staff is referring to for the internal roadway and asked if staff is referring to the cul-de-sac itself. In response, Mr. Dorling stated staff is referring to the road internal to the subdivision. Mrs. Montague stated so the cul-de-sac design is being reduced from 24 to 20 feet but we are increasing the access road from 17 to 20 feet. Mr. Dorling stated that this is staff's recommendation. Mrs. Montague asked if staff is including the sidewalk within the cul-de-sac itself. Mr. Dorling stated this is staff s recommendation. Mrs. Montague asked Mr. Weiner if he is asking for a waiver of the sidewalk. Mr. Weiner stated this is correct based on the four conditions which have been met. Mrs. Montague inquired about the traffic calming and asked what they are referring to. Mr. Weiner stated there was some concern about safety and they wanted to go the extra step. He asked if the neighbors on Hibiscus Lane could let them work something out and noted there are certain things such as width of pavers that no one would really see but the changes in pavement help people slow down and possibly doing some plantings would also help to slow down the traffic. Mrs. Montague stated safety issues for fire and police and asked what exactly the letter is referring to. Mr. Weiner - 33 - 09/ 18/07 stated they disagree and stated the road has been there for 40 years and they have looked at how they get in and then they have looked at the 20 foot pavement that they are going to be adding. Mrs. Montague asked what Mr. Dorling's interpretation is of the letter. Mr. Dorling stated this letter is in reference to the cul-de-sac and the maneuverability on site. Mr. Eliopoulos asked what it means to defer a sidewalk. Mr. Dorling stated the applicant's original engineering plan shows a sidewalk on one side and we would be supporting a waiver of a sidewalk on the opposite .side but we would be asking for the sidewalk to go in at this time. Mr. Dorling stated a deferral is not appropriate when there is new development. The City Manager stated in the instance of a deferral that means if and when the City wants to build a sidewalk there whoever owns the lot at that time would have to pay the cost of putting the sidewalk in. Mrs. Montague stated she would support certain aspects of this with three conditions: (1) 20 .feet across the board as opposed to 17 feet, (2) support Commissioner Eliopoulos' recommendation of deferral of the sidewalks, (3) some kind of traffic calming device (i.e. pavers) per Mr. Weiner's suggestion. The City Attorney stated the waiver request is what the City Commission is acting on. The waiver requested would be to reduce the pavement from 24 feet to 20 feet except to keep the part that is from "6th" to the beginning of this development on Hibiscus Lane 17.5 feet. Furthermore, the City Attorney stated in addition they want to put some "traffic calming" scenarios subject to staff approval of whatever those would be. Philip Colnon, Signature Builders Group, LLC, stated the original drawings that Mr. Dorling used show the road and sidewalks going in are what they actually went to the Planning and Zoning Board with (the 20 foot road with the sidewalk). Mr. Colnon stated the Board voted against it and he resubmitted so there was a page removed in the drawings that are now approved showing the road outside the development because it came off the list according to the Planning and Zoning Board. He stated they only went back with what they asked for and what the Commission has seen signed and sealed has been reviewed by the Fire-Rescue Department. The Fire- Rescue Department has asked him to change the water main from 4 inch to 8 inch but there was no comment from the Fire-Rescue Department about the road access. Mr. Colnon stated the Fire-Rescue Department is happy that they have a cul-de-sac that they can turn around in because currently they have to back in and back out. Mr. Colnon stated the drawings have been updated to show the new 8 inch water main coming through. 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). -34- 09/ 18/07 The City Attorney stated the Commission approved the plat subject to the waivers and conditions set forth in the Board Order. Mr. Eliopoulos moved to approve the plat subject to the waivers and conditions set forth in the Board Order, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.E. AMENDMENT NO. 1/IN-LIEU OF PARKING FEE AGREEMENT/CITY WALK: Consider approval of an addendum to the In-Lieu Parking Fee Agreement between the City and City Walk at Pineapple Grove to reduce the number of in-lieu spaces to four (4) spaces instead of six (6) spaces. City Walk is located at 200 N.E. 2nd Avenue (Pineapple Grove Way). At this point, Commissioner Eliopoulos declared a conflict and stepped down from the dais. Scott Aronson, Parking Management Specialist, stated this item is an amendment to an In-Lieu Parking Fee Agreement with City Walk at Pineapple Grove. In December 2005 City Walk was approved for six (6) lieu parking spaces at $6,000.00 per space for a total of $36,000.00. The in-.lieu request was to accommodate a conversion of 1,813 square ft. of retail of restaurant and an addition of 300 square feet of outdoor dining area. In that same year in December Ordinance No. 51-OS was codified to include outdoor dining on private property within the sidewalk cafes. Mr. Aronson stated when the approval for City Walk came through the outdoor dining component should have been excluded from in-lieu requirements and been a part of the sidewalk cafe ordinance. The applicant has already paid the first portion of the agreement which is $18,000.00 upon signing the agreement in 2005 and those agreements require two 25% payments on the 2nd and 3rd anniversary. Mr. Aronson stated that Code Enforcement recently cited them for not having their appropriate sidewalk cafe permit and it came to light the date and scheduling of what happened and what should have been the exclusion of the sidewalk cafe. He stated the 300 square feet at the six spaces at 1,000 square feet for restaurants equates to two spaces and therefore staff is modifying the agreement with City Walk and noted that the two space reduction would be for $12,000.00. They currently have two (2) payments of $9,000.00 each and that would reduce by $6,000.00 and the modification to the agreement would require two subsequent payments of $3,000.00 each and the applicant has been advised to contact the Occupational License division to get their sidewalk cafe permit. Mrs. Montague moved to approve Amendment No. 1/In-lieu of Parking Fee Agreement between the City of Delray Beach and City Walk at Pineapple Grove, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. -35- 09/18/07 9.F. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL FESTIVAL, INC.: Consider approval of an agreement between the City and Palm Beach County to provide advance funding in the amount of $10,000, for Roots Cultural Festival, Inc. which will be reimbursed to the City through Palm Beach County grants. Robert A. Barcinski, Assistant City Manager, stated this is a request to provide advance funding in the amount of a $10,000.00 Palm Beach County grant for the 2007 Roots Cultural Festival to be paid back to the City of Delray Beach once the County funding is received and approval of the Agreement for Advance Funding for Palm Beach County Grants. Staff recommends approval of the advance funding for the County Grant Agreement to provide the $10,000.00 advance with the sign off of the City's internal grant agreement. Mr. Fetzer moved to approve to advance Palm Beach County funding in the amount of $10,000 for the Roots Cultural Festival, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.G. AGREEMENTS/COMMUNITY CHILD CARE CENTER/CHILDREN'S CASE MANAGEMENT .ORGANIZATION: Consider approval of the agreements between the City of Delray Beach and the Community Child Care Center (CCCC) and the Children's Case Management Organization (CCMO) as the non-profit providers of services at the Village Academy Beacon Center for FY 2007/2008, pursuant to the City's contract with the Children's Services Council of Palm Beach County (CSC). Lula Butler, Director of Community Improvement, stated this item is an agreement between the City of Delray Beach and the Achievement Centers for Children and Families and Families First of Palm Beach County, as the non-profit partners responsible for carrying out the services under the City's contract with the Children's Services Council of Palm Beach County, Inc. at the Village Academy Beacon Center. Staff recommends approval. Mrs. Montague moved to approve the Agreements between the City of Delray Beach and the two non-profit partners responsible for carrying out the approved services and program provided through the Beacon Center at Village Academy for fiscal year 2007/2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. 9.H. PARKING LICENSE AGREEMENTBOCA PARKING SYSTEMS: Consider approval of a parking license agreement with Boca Parking Systems for the utilization of 40 parking spaces in the Federspiel Garage seven (7) days per week between the hours of 6:00 p.m. and 2:00 a.m. at a rate of $40.00 per space, per month. -36- 09/18/07 Scott Aronson, Parking Management Specialist, stated this item is to approve a Parking License Agreement with Boca Parking Systems for the utilization of 40 parking spaces in the Federspiel Garage. Boca Parking Systems has been operating the valet queue leased to 32 East since 2001 and has been cooperative and attentive to the City's needs and requests. Mr. Aronson stated Boca Parking Systems also runs a valet service for 110 East Atlantic building which has by contract spaces in that parking garage on a full-time and part-time basis. Boca Parking Systems formerly had a parking lot behind the 110 East Atlantic building that they use which was a capacity of 50 spaces with the Worthing Place contract and with the construction Boca Parking Systems will shortly find themselves without any parking spaces. Knowing the cost associated with operating parking garages, the City of Delray Beach was looking for a way to fund those garages and how the garages could be self sufficient especially during the City's current economic state. Mr. Aronson stated he has negotiated with both the parking systems to lease those 40 parking spaces at $40.00 per month within the garage. He stated the 40 parking spaces they will be leasing are the part-time spaces that are contracted to the 110 East Atlantic building from 8:00 a.m. - 6:00 p.m. Monday through Friday and 8:00 a.m. to noon on weekends. Boca Parking Systems would then have the right to those spaces from 6:00 p.m. until 2:00 a.m. when the garage closes seven days a week. Mr. Aronson stated this item has not been presented to any Boards and staff recommends approval of the Parking License Agreement. Mrs. Montague stated she would like to make sure that this agreement is reviewed after a twelve (12) month period internally to make ,sure that the City is charging the correct amount when it comes time for renewal of the contract to make sure that we are supplying the required number of spaces. The City Attorney stated this does require the one-year term; however, it can be renewed by the City Manager. Mrs. Montague moved to approve the Parking License Agreement between the City of Delray Beach and Boca Parking Systems to lease 40 parking spaces in the Federspiel Garage at a rate of $40.00 per month, per space, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9_I. CITY ATTORNEY EVALUATION. Mrs. Montague stated she couldn't be more pleased with the level of service that the City Attorney has not only given the Commission but the community. Mrs. Montague stated the staff of 800 employees look up to the City Attorney as well as the community at large. Mrs. Montague stated the City of Delray Beach is lucky to have the City Attorney and her staff. -37- 09/18/07 Mayor Ellis stated she is pleased that the City Attorney has saved the City a lot of money on the insurance with regard to the lawsuits. Mayor Ellis stated she too is very pleased with the City Attorney's performance and her staff. Mr. Eliopoulos stated he has enjoyed working with the City Attorney and her staff. He stated it is easy to look at her staff because it is a smaller group to see how well they perform and commented that they have always been eager to please and get the job done-and is a reflection on how the office is being run. Mr. Fetzer stated he too met with the City Attorney and noted he appreciated the way she keeps the Commission informed. She contacts the Commission frequently with regard to questions they have and provides them with monthly reports. Mr. Fetzer stated the staff reflects the City Attorney's leadership. Mrs. Montague moved to approve a 3% salary increase, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9_J. CITY MANAGER EVALUATION. Mrs. Montague stated she has had numerous meetings with the City Manager and noted that this budget year has been one of the most challenging in his 17 year career in Delray Beach. She stated the City Manager has met her expectations and requests. Mrs. Montague stated she has asked the City Manager to really bend backwards on a number of issues and he has addressed them quickly and responded accordingly. Mrs. Montague stated she has discussed the communication issues which the City Manager has acknowledged and continues to work on and discussed how he can continue to improve as well as some of the personal goals. Mayor Ellis stated on several occasions the City Manager became very creative in order to find some additional revenues. Mr. Eliopoulos stated he met with the City Manager and although he acknowledged that communication is a problem they actually had open communication. Mr. Eliopoulos stated he feels good about it and has not had any problems with it. Mr. Eliopoulos stated there might be the appearance of a target set upon the City Manager's shoulders when it is not uncommon for Mayor Ellis to say "Mr. Harden do you have a direction?" and the City Manager will say "yes". Mr. Eliopoulos stated Mr. Harden goes to work on it and come to find out the Commission does not agree with it. Mr. Eliopoulos suggested that from now on after the Commission makes the comment that the City Manager responds "Yes, this is how I am proceeding" to ensure that everyone is on the same page. Mr. Eliopoulos stated he agrees that what the state has done in a sense is not what the state needs but this also gives the Commission the opportunity to look at things. Mr. Eliopoulos stated he mentioned earlier in the meeting about the park and the change orders and accountability and asked staff to provide the City Manager with that -38- 09/ 18/07 information. Mr. Eliopoulos stated we are going to have to get more creative and encouraged the City Manager to work with staff to make sure employees are on top of their game because it is going to get even tougher next year. Mr. Eliopoulos stated the City Manager has some strong personal beliefs and sometimes it carries over and although he has the City in his best interest he needs to look at those things and sometimes he has to pull back. Mr. Eliopoulos stated for the most part it has been good communication. Mr. Eliopoulos stated as he discussed with the City Attorney and the City Manager he feels it is inappropriate to be doing raises at this time. Mr. Fetzer stated he met with the City Manager earlier this week and had a very frank and open discussion. Mr. Fetzer stated he has publicly expressed a lot of concerns about the communication levels between the City Manager and the City Commission. Mr. Fetzer stated the City Manager has a lot of great strengths those being knowledge and experience in municipal government, the advantage of having the tenure here in Delray Beach and he knows the city and the issues. Mr. Fetzer stated he noted there was some improvement in what he perceived as far as the Goal Setting Sessions. Mr. Fetzer stated he has not seen improvement with the communication problem and feels this needs to be addressed this coming year. Mr. Fetzer stated Mr. Eliopoulos suggested that perhaps the Commission is not always as clear as they should be at times and whenever the City Manager feels he has the consensus from the Commission on issues this needs to be reinforced. Mr. Fetzer stated he would like to have the staffing levels looked at because he feels this is a legitimate concern that the City has to face up to with the level of salaries and benefits and wages that make up the major part of the budget. Mr. Fetzer stated he received no feedback from the City Manager with regard to this issue and is another example that he feels is not good communication between the City Manager and the City Commission. Mrs. Montague stated the City Manager has responded to her very well when meeting with her one-on-one. However, she suggested the City Manager communicate with the Commission individually and once he hears five opinions this should give him a good picture of what the City Commission wants and present it to the Commission in making sure that the recommendation is understood by the entire Commission especially when specific issues come up. Mrs. Montague urged the City Manager to contact each Commissioner and make sure he is communicating with each Commissioner on very specific issues that he knows they will be voting on because they need to be on the same page about or at least have a common understanding on. . Mrs. Montague moved to approve a 3% salary increase for the City Manager, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer - No; Mrs. Montague -Yes. Said motion was a 2/2 vote and therefore no action was taken. Mrs. Montague moved to approve a 2% salary increase for the City Manager, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer - No; Mrs. Montague -Yes. Said motion was a 2/2 vote and therefore no action was taken. -39- 09/ 18/07 At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he appreciates the comments of the Commission regarding his annual performance evaluation. He stated the City faces another 2-3 years of very challenging outside fmancial pressures. The City Manager stated at this point the City of Delray Beach has eliminated three positions and as they come up he is sure the City will continue to do that because that is where the bulk of the City's cost is (personnel salary and benefits). Secondly, the City Manager reported from the League of Cities that Marty Malar from South Palm Beach was appointed to represent the League on the Criminal Justice Commission; Jamie Titcomb's contract as Executive Director of the League was renewed. The City Manager stated the League is putting together a Student Delegation from Palm Beach County to attend the National League of Cities Conference in New Orleans. The League of Cities will pay the registration fee and Mrs. Butler is working with Matthew Carbone at the Teen Center to see if a few people from Delray Beach can be part of that. The City Manager stated the Palm Beach Board of County Commissioners approved putting the LUVPAC (Let Us Vote Political Action Committee} issue on the ballot in November of 2008. He stated that Home Rule Amendment to the County Charter will be on the ballot. 13.B. City Attorney The City Attorney thanked the Commission for the nice comments about her staff and stated she appreciates the comments. Secondly, she stated her granddaughter became the Vice President of her 5`h grade class for Student Council. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Eliououlos -40- 09/ 18/07 Mr. Eliopoulos commented about the emails regarding dogs on the beach. He stated he does not support dogs on the beach. Secondly, he stated at the League of Cities they talked about the bottle bill. He stated what came out of the meeting is that you might think everything is getting recycled when in fact it is not and is going to-the dump. Mr. Eliopoulos suggested having a Workshop meeting to find out what they are really doing, the pro and cons, and what the City is paying for. 13.C.3. Mrs. Montague Mrs. Montague had no comments or inquiries on non-agenda items. 13.C.4. Mayor Ellis Mayor Ellis stated she attended the International Downtown Association and there were 1,500 people in attendance all interested in downtown development. She stated one session she was in was on Green Building sessions and one parking session which enlightened her about how to get people to park in a garage and not on the street. She stated there was a session where the City of Dallas and some universities and PR firms had surveyed thousands of people to determine what the trends that are approaching around the world. Mayor Ellis stated there are ten trends and she will get this information to the Commission. For example, Mayor Ellis stated in Shanghai in the last twelve months they built office space equal to the entire office space in the City of New York. Mayor Ellis stated Diana Colonna, Marjorie Ferrer, and she gave a presentation on the Downtown Marketing Cooperative and it was well received. There being no further business, Mayor Ellis declared the meeting adjourned at 10:22 p.m. Ac ity Clerk ATT `~ O~, 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 September 18, 2007, which Minutes were formally approved and adopted by the City Commission on October 2, 2007 -41- 09/ 18/07 OMS~ l~~d1~1 Q J H ~ 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. -42- 09/ 18/07 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ~COURNTY MUNICIPAL AND OTHERFLOCAL PUBLIC OFFICERS • R•, C•UNCIL, C•MMISSI~1, AUTHORITY, OR COMMITTEE WUUNG ADDRESS 205 George Bush Boulevard CITY COUNTY Delray Beach, Florida 33444 Palm Beach DATE ON ViMICH VOTE OCCURRED September 18, 2007 THE BOARD, COUNCIL, COMMISSION; AUTHORITY OR COMMfrTEE ON WHICH I SERVE IS A UNIT OF: 1~ CITY ^ COUNTY ^ OTHER LOCAL AGENCY NAME OF POUnCAL SUBDIVISION: MY POSITION IS: I~ ELECnyE ^ APPOINnVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or otherlocal level of government on an appointed ocelected board, counal, 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 oh a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations descxibed above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by pubtiGy 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 disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1!2000 ~( PAGE 7 APPOINTED OFFICERS (continued) • A copy of the forth must be provided immediately to the other members of the agency. • The fomn must be read publicly at the next meeting after the forth is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISiOPt 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 fife 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 forth 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 F, Gary P.Eliopoulos ,herebydisdosethaton September 18, 20 07 (a) A measure came or will come before my agency which (check one) _ inured to my spedal private gain or loss; inured to the special gain or bss of my business assodate, Kupi & Eliopoulos Architects; P. A. , inured to the speclal gain or loss of my relative, ~ ; _ inured to the spedal gain or loss whom I am retained; or by _ inured to the spatial gain of loss of ~ ,which is the parent organization or subsidiary of a prindpal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: September 18, 2007 Oate Filed Signa e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 744 SEASAGE DRIVE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on September 18, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 744 Seasage Drive. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 6.1.3(8)(1 } a 5' sidewalk is required. The applicant is seeking relief from that requirement via this waiver request. 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. Would the waiver of Section 6.1.3(6)(1) comply with the requirements of 2.4.7(6)(5)? Yes 0 No 4 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 co ained 9 ~ u 1 SCAN p in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies X the waiver requests to LDR Section 6.1.3(6)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18~' day of September, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: R~Fta Ellis, Mayor Chevelle Nubin, City Clerk 2 Prepared By: RETURN TO: R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR DEFERRAL OF SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200 , between the City of Delray Beach (hereinafter the City) and Bart Gatz (hereinafter the Owners), for the purpose of deferring the requirement of the installation of a sidewalk along 744 Seasage Drive until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Seasage Drive right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a deferral from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b) which was denied; and, WHEREAS, in order to provide conformity along the street the City Commission, however, voted to defer the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to defer the requirement for the installation of a sidewalk, at this time, for the property located at: 744 Seasage Drive which is legally described as Lot 15, Block 16, SEAGATE SECTION B according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 56 and that part of Lot 16 of said Block 16 described as follows: ~ ' For a point of beginning commence at the Northwest corner of said Lot 16, thence run in a Southerly direction, along the West boundary line of said Lot 16 a distance of 30 feet; thence run in an Easterly direction along a straight line to the Northeast corner of said Lot 16; thence run in a Northwesterly direction 178.87 feet more or less along the Northerly boundary line of said Lot 16 to the Point of Be ig_nnin~ 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Seasage Drive right-of--way abutting the subject property, within a reasonable a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed; shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties' legal representatives, heirs, successors and assigns. 1N WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney 2 Mayor WITNESSES: (Please type or print name) (Please type or print name) STATE OF COUNTY OF OWNER: By: (Please type or print name) The foregoing instrument was acknowledged before me this day of 200_, by (name of person acknowledging). Signature of Notary Public -State of Florida Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MAROONE CHRYSLER JEEP DODGE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on September 18, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Maroone Chrysler Jeep Dodge. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.6(F) a temporary office trailer is not included within the list of allowable temporary uses. The applicant is seeking a waiver to allow the placement of a temporary office trailer. 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. Would a waiver to Section 2.4.6(F) comply with the requirements of 2.4.7(8)(5) subject to conditions in Staff Report? Yes 4 No 0 Conditions: 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development applicatio was 4 3s J~;~ 1 ~~ANNED ~ ~ ~~ / ~-~~~ 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 the waiver requests to LDR Section 2.4.6(F) subject to the following conditions: 1. That the Temporary Use Permit shall not be effective until the issuance of a permit for the permanent improvements (i.e. construction of the showroom.). 2. That the Temporary Use Permit be valid for no more than two years from the date of issuance. 3. That the temporary office trailer be removed from the property and the area restored to a parking area pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the showroorn/offices. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18"' day of September, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: ita Ellis, Mayor Chevelle Nubin, City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PLAT APPROVAL AND WAIVER REQUESTS FOR HIBISCUS LAKE ESTATES' ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The Plat approval request and waiver requests have come before the City Commission on September 18, 2007. The Plat is depicted in Exhibit "A". 2. The Applicant. and City staff presented documentary evidence and testimony to the City Commission pertaining to these requests for Hibiscus Lake Estates development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 6.1.2(C) a pavement width of 24' is required. The applicant is seeking a waiver to a11ow for a pavement width of 20'. Pursuant to LDR Section 6.1.3(8)(2) sidewalks are required on both sides of the road. The applicant is seeking relief from that requirement via this waiver request. Pursuant to LDR Section 2.4.7(6)(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. Would the waiver of Section 6.1.2(C), reducing pavement width from 24' to 20' for the internal roadway, comply with the requirements of 2.4.7(8){5) subject to conditions below? Yes X No Should, as a condition of the waiver, Hibiscus Lane from the plat east to N.W. 6th Avenue be kept at a width of 17.5? Yes No X 1 r+~, q~.~ / q 127 ~p~ s~q~ NOD `~-~ / Should, as a condition of approval, Hibiscus lane from the plat east to N.W. 6~' avenue be a width of 20 feet? Yes X No. Would the waiver of Section 6.1.3(8)(2) comply with the requirements of 2.4.7(8)(5)? Yes No X (*note: the City Commission did instead approve a sidewalk deferral agreement ) 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 the waiver request to LDR Section 6.1.2(C) from 24 to 20 feet and conditions its approval as set forth herein. 6. Based on the entire record before it, the City Commission denies the waiver request to LDR Section 6.1.3(6)(2), but grants a sidewalk deferral as set forth in Exhibit "B" for sidewalks inside the plat and denies the condition as to the need for a sidewalk outside the plat. 7. Based on the entire record before it, the City Commission approves the plat. 2 8. Based on the entire record before it, the City Commission hereby adopts this Order this 18th day of September, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: `~. . Chevelle Nubin, City clerk Rit Ellis, Mayor 3 ;:e wnuv o -_ LS i o Z _ ~ y~ e" ~ '< y 3 I 3~eEY z z o N - a Y c ., . W O i Y i•QtJC =O ~ F. .Y. 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City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR DEFERRAL OF SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of , 200 , between the City of Delray Beach (hereinafter the City) and Signature Builders, LLC (hereinafter the Owners), for the purpose of deferring the requirement of the installation of a sidewalks within the Hibiscus Lake Estates Plat as shown on Exhibit "A" until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Hibiscus Lane right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a deferral from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b) which was denied; and, WHEREAS, instead the City granted this deferral; and, WHEREAS, in order to provide conformity along the street the City Commission voted to defer the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in wifiess of the above and in consideration of the City agreeing to defer the requirement for the installation of a sidewalk, at this time, for the property located within the Hibiscus Lake Estates Plat. 1. The Owner agrees to construct sidewalks, at its sole cost and expense, in the right-of--way abutting the internal street system in the Hibiscus Lakes Estates Plat within a reasonable a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. The City, at its sole cost and expense, shall thereafter repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties' legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney 2 WITNESSES: (Please type or print name) (Please type or print name) STATE OF COUNTY OF OWNER: By: (Please type or print name) The foregoing instrument was acknowledged before me this day of 200_, by (name of person acknowledging). 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SC O N _OO~ffl 3 z 0 w1 H _H/1 F~1 ' "~ w FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTNER LOCAL PUBLIC OFFICERS IAST NAME-FIRST NAME-MIDOIE NAME NAME aF BOARO, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eliopoulos, Gary P. Delray Beach City Commission MAILING AOORESS 205 George Bush Boulevard GTY COUNTY Delray Beach, Florida 33444 Palm Beach DATE ON WHICH VOTE OCCURRED September 18, 2007 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMnTEE ON WENCH I SERVE IS A UNR OF: j~ CnY O COUNTY O OTHER LOCAL NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ~ ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, aty, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies. equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay Gose 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, muniapal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business assoaate. 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-iMaw. 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 disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. {Continued on other side) CE FORM 88 - EFF. 112000 ~ ~ PAGE 1 Y APPOINTED OFFICERS (continued) • A copy of-the fomt must be provided immediately to the other members of the agency. • The form must be read publidy 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 discbse orally the nature of your' conflict in the measure before partidpating, • 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 publidy at the next meeting after the forth is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P. Eliopoulos , hereby disclose that on September 18 .20 07 (a) A measure qme or will come before my agency which (check one) _ inured to my spedal private gain or loss; inured to the spedal gain or loss of my business assodate, Kupi & Eliopoulos Architects, P. A. _ inured to the spedal gain or loss of my relative, , _ inured to the spedal gain or loss of by whom I am retained; or _ inured to the: speaal gain orloss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ~COURNTY MUNICIPAL AND OTHER LOCALcPUBLIC OFFICERS L, SSION, AUTHORITY, OR COMMITTEE Eliogoulos, Gary F. Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMnTEE ON 205 George Bush Boulevard wtncr+ISERVEISnuNIroF; CITY COUNTY CITY O COUNTY ^ OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach ~~~~~-susomsloN: DATE ON WHICH VOTE OCCURRED Se tember 18, 200 MY POSITION IS; ~1 ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, 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 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 befdPe completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143,. FLORIDA STATUTES A person holding .elective or appointive county, muniapat, or other. local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from- knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that Capacity. For purposes of this law, a "relative' inGudes 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). • • . R . f . . f • f R . . f • 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 publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and 1MTHIN 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. R f R f t - f - -R • • f R f f R f R APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must discose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and fife 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 88 - EFF. 1!2000 PAGE 1 ~O ~ . APPOINTED OFFICERS (continued) • A copy of the forth must be provided immediately.to the other members of the agency. • The forth must be read publidy 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 oontlid in the measure before partidpating. • You must canplete the form and file it within 15 days after the vote ocxurs 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 forth must be -read publidy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gary P. Eliopoulos_ ,herebydisdosethaton September 18 2007 (a) A measure came or will Dome before my agency which (check one) _ inured to my spedal private gain or loss; inured th the speclal gain or bss of my business associate, Kupi & Eliopoulos Architects,. P. A. , _ inured to the spedal gain or loss of my relative, ~ , inured to the spedal gain or loss of , by whom I am retained; or _ inured toahe spedal gain or bss of .which is the parent organization or subsidiary of a prindpal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: September 18, 2007 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2