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03-03-98 MARCH 3, 1998 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay A1perin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, March 3, 1998. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay A1perin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Neil Hickem, Pirst Baptist Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda ADproval. Mayor A1perin noted the addition of Item 9.J., Resolu- tion No. 17-98 (Sovereign Immunity) to the regular agenda by addendum. Mr. Schmidt stated he had received a request from the Seacrest Homeowners Association to move Item 9.C., Seacrest/Del- Ida Park Neighborhood Plan, a bit further down on the agenda since they did not expect their people to arrive at the meeting until about 6:30 p.m. It was the consensus of the Commission to have Item 9.C. follow Item 9.J. on the agenda. Mr. Randolph moved to approve the agenda as amended, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Egan moved to approve the Minutes of the Regular Meeting of February 17, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizing and commending the Delra¥ Rocks Football Program. Mayor Alperin read and presented a proclamation recog- nizing and commending the 1997 Delray Rocks and Cheerleaders on their accomplishments. Coach Ben Leonard came forward to accept the proclamation and thanked the City Commission for its ongoing support of the Delray Rocks football program. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH REPLAT: Approve the final subdivision plat for Delray Ocean Estates North Replat, a three lot single family subdivision located along the south side of Harbor Court, between Andrews Avenue and State Road A1A. 8.B. FINAL PLAT APPROVAL/CONGRESS INDUSTRIAL SQUARE: Approve the final boundary plat for Congress Industrial Square, a proposed two lot industrial subdivision located on the north side of Don Francisco's Way, between Congress Avenue and N.W. 18th Avenue. 8.C. EMERGENCY REPAIRS TO FIRE DEPARTMENT VEHICLE: Declare an emergency and approve engine repairs to Fire Department Vehicle %9233 (Pierce Pumper) in the amount of $12,393.64 payable to Florida Diesel, with funding from 501-3311-591-52.50. 8.D. EMERGENCY BID AWARD/JOHNSON-DAVIS, INC. (RAINBERRY WOODS DRAINAGE OUTFALL REPLACEMENT): Approve an emergency bid award in the amount of $23,440 to Johnson-Davis, Inc. for the emergency drainage outfall replacement of approximately 140 linear feet of pipe at 5030 N.W. 5th Street in Rainberry Woods, with funding from 448-5411-538-63.90. 8.E. SERVICE AUTHORIZATION NO. 5/HAZEN AND SAWYER (BARRIER ISLAND FORCE MAIN REALIGNMENT): Approve Service Authorization No. 5 in the amount of $24,977 with Hazen and Sawyer for engi- neering consulting services in conjunction with realignment of a sewage transmission main servicing the barrier island, with funding from 441-5161-536-63.74. 8.F. CHANGE ORDER #3 AND FINAL PAYMENT/O'CONNOR & TAYLOR, INC. (CITY HALL ENVELOPE PROJECT): Approve Change Order %3 in the amount of $21,433.75 and final payment in the amount of $106,829.75 to O'Connor & Taylor, Inc. for completion of the City Hall Envelope Project; with funding from 334-3431-519-62.10 and 334-4125-572-62.10. -2- 3/03/98 8.G. RESOLUTION NO. 16-98: Adopt a resolution urging the 1998 Florida Legislature to pass HB 3427 and SB 882 which provide a dedicated funding source for statewide beach management. The caption of Resolution No. 16-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE 1998 FLORIDA LEGISLATURE TO PASS HB 3427 AND SB 882 WHICH PROVIDE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 16-98 is on file in the City Clerk's office.) 8.H. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and Hold Harmless Agreement regarding the sale of Police canine "Thor" to Philip Dorfman. 8.I. EMERGENCY SERVICES AGREEMENT WITH THE CITY OF BOYNTON BEACH: Approve an Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City of Boynton Beach and the City of Delray Beach Fire-Rescue Departments. 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board for the period February 17th through February 27, 1998. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $56,710.00 to Eagle Tank Technology and Renovation Corporation for painting the elevated water storage tank at the Environmental Services Department compound, with funding from 442-5178-536-61.79. 2. Bid awards for replacement of City vehicles from various vendors under State of Florida contract as specified in Attachment "B", Florida Sheriff's Association contract as specified in Attachment "C", and local bids as specified in Attachment "D". Funding is from City Garage Account #501-3312-591-64.20 in the amount of $465,687. Mr. Egan moved to approve the Consent Agenda, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: -3- 3/03/98 9.A. CONDITIONAL USE REQUEST/SUNDY INN: Consider a request for conditional use approval to allow the establishment of the Sundy Inn, a residential-type inn with outdoor dining facilities, to be located on the south side of S.W. 1st Street, between Swinton Avenue and S.W. 1st Avenue, with an accessory parking lot located at the northeast corner of S.W. 1st Street and S.W. 1st Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file into the record. Ms. Dominguez stated this project involves the conversion of the Sundy House to a residential inn consisting of 23 guest rooms and suites, 7,900 square feet of restaurant space including both indoor and outdoor dining, and associated parking and open space areas. Both the Planning and Zoning Board and the Historic Preservation Board recommended approval of the proposed development, subject to certain conditions. Rodney Romano, attorney representinq the applicant, stated he was available for questions and respectfully requested the Commission's approval of the conditional use request for the Sundy Inn. There being no one else from the audience who, having been duly sworn, wished to speak in support of or against the conditional use request, the public hearing was closed. Mr. Ellingsworth moved to approve the conditional use request for the Sundy Inn based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Required Findings) of the Land Development Regula- tions and the policies of the Comprehensive Plan, and subject to the following conditions as recommended by the Planning and Zoning Board: (1) Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations; (2) That the outdoor dining area at the northeast corner of the site close by 11:00 p.m.; (3) The floor plan for the first floor suite in the proposed 8-unit structure must be redesigned to eliminate the potential for 2 leasable guest rooms; and -4- 3/03/98 (4) That at least 40% of the guest units be suites. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECI- SION FOR ST. MARY'S THE VIRGIN ANGLICAN CH~3RCH SCHOOL: Consider an appeal of the Site Plan Review and Appearance Board's action to approve a Class IV site plan modification for St. Mary's The Virgin Anglican Church School. The subject property is located at the southeast corner of Homewood Boulevard and Atlantic Avenue. A POSTPONEMENT TO MARCH 17, 1998 HAS BEEN REQUESTED. Mr. Egan moved to postpone consideration of the appeal to March 17, 1998, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. PROPOSED PEDI-CAB SERVICE: Provide direction concern- ing proposals to establish pedi-cab services in the City. The City Manager stated that staff solicited comments from the various groups the Commission had asked for comments from as well as a few other groups. There was not absolute consensus, but the majority consensus was to do a six month trial period and continue to allow the use for special events. Mr. Ellingsworth stated that he would support the six month trial period. However, he felt it imperative that the vendor provide indemnification and add the City as an additional insured on its insurance policy. Mr. Ellingsworth also raised a question as to how the City's sign ordinance would be impacted if the vendor plans to use advertising on the pedi-cabs. The City Attorney stated that staff should take a look at the ordinance for clarification to see if anything else might need to be done in this regard. Mr. Ellingsworth further stated that he feels there needs to be some definitive measure, possibly the Police Depart- ment, to make the determination if the trial period was a success or not at the end of the six month period. Mr. Egan concurred with Mr. Ellingsworth, stating that he would rely heavily on the Police Department's recommendation on whether or not to allow the pedi-cabs at the end of the trial period. Mr. Schmidt noted that a couple of the groups making comments recommended the possibility of limiting the number of pedi-cabs allowed to operate during the trial period. Also, the -5- 3/03/98 Atlantic Avenue Association recommended that while pedi-cabs be allowed during special events, they be specifically excluded from the Delray Affair since there is such a crush of pedestrian traffic downtown during that event. Mayor Alperin clarified that the use of pedi-cabs during the trial period is being permitted with only the one vendor, A1A Bike Rentals represented by Mr. Allen Tate. Mr. Randolph asked that something be included in the agreement that if the pedi-cabs are found to be creating safety or other problems, that the trial period may be terminated by the City Commission on recommendation from the Police Department. Upon further discussion, the City Attorney framed the following motion: Approval of the proposed pedi-cab service with A1A Bike Rentals (Allen Tare) for two pedi-cabs to be operated in the area of Atlantic Avenue for a period of six months, subject to entering into an appropriate agreement including a termination without notice upon recommendation by the Police Department during that time, a hold harmless agreement and insurance naming the City as additional insured, and excluding the use of the pedi-cabs during the Delray Affair. Mr. Egan so moved, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - No. Said motion passed with a 4 to 1 vote. 9.E. FUNDING REQUEST/PROJECT GRADUATION: Consider a request for funding from the Atlantic Community High School Project Graduation Committee. Robert A. Barcinski, Assistant City Manager, stated that a request has been received from the Atlantic Community High School Project Graduation Committee for funding support although no specific amount was specified. Last year the Commission contributed $500 to this project. Staff recommends approval of a $500.00 contribution again this year. Funds are available from contingency in the City Commission's Special Event budget. Mr. Schmidt moved to approve a $500.00 contribution to Project Graduation, with funding from Special Event Contingency (#001-1111-511-48.10), seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUEST/IRISH CELEBRATION: Consider a request for special event approval to hold an Irish Celebration on Saturday, March 14, 1998, from 12 Noon to 6 p.m. at Ocean City Lumber, including temporary use permit for Railroad Avenue from Atlantic Avenue to N.E. 1st Street, staff support, and event signage. -6- 3/03/98 Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request. Mr. Egan moved to approve the special event request for the Irish Celebration as recommended by staff, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.G. IN-LIEU OF PARKING FEE AGREEMENT/JAVA BEAN J%~NCTION: Consider approval of an in-lieu of parking fee agreement with Java Bean Junction located at 1136 East Atlantic Avenue. David Tolces, Assistant City Attorney, reviewed the terms of the agreement with the Commission. He noted the appli- cant has requested the in-lieu fee option for two parking spaces for a total payment of $12,000.00. The first $6,000.00 will be paid by the business owner upon execution of the agreement, followed by two annual installments of $3,000.00 each. Mayor Alperin clarified that the agreement goes with the business and not the property. Therefore, if this particular business leaves that location and another business subsequently locates there, the new business does not automatically get the parking being paid for by the current applicant. Mr. Randolph moved to approve the in-lieu of parking fee agreement with Java Bean Junction, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.H. CONTRACT ADDITION (C.O. ~4)/MOLLOY BROTHERS, INC.: Consider approval of a contract addition (C.O. #4) in the amount of $74,822.50 with Molloy Brothers, Inc. under the S.E. 4th Avenue Roadway Improvements contract to include paving and drainage revisions to both Sandoway and Ingraham parks in con- junction with the Sandoway House improvements; with funding from 117-4180-572-63.11 ($25,292.50); 117-4170-572-63.46 ($29,320.00); and 448-5411-538-63.90 ($20,210.00). Richard Hasko, Director of Environmental Services, stated that the proposed change order is to fulfill the City's obligations according to the agreement with Palm Beach County relative to the Sandoway House. The project is being done by change order in order to meet the deadline for the Sandoway House opening which is scheduled for April 29, 1998. Essentially, the work involves the implementation of the modifications for the thirty (30) parking spaces; 12 of them in the Ingraham parking lot and 18 of them at Sandoway. Also included are some minor drainage improvements to relieve the chronic flooding problem at the intersection of State Road A1A and Ingraham Avenue. -7- 3/03/98 Mr. Ellingsworth moved to approve the contract addition (C.O. #4) with Molloy Brothers, Inc., seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellin~sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1999. The appointment will be made by Commissioner Randolph. Mr. Randolph moved to appoint Shane Ames (architect; Del-Ida Park) to the Historic Preservation Board to fill an unexpired term ending August 31, 1999. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - No; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.J. RESOLUTION NO. 17-98 (SOVEREIGN IMMUNITY): Consider approval of a resolution opposing changes in the Constitution regarding sovereign immunity currently being considered by the Constitutional Revision Commission. (BY ADDENDUM) The City Manager presented Resolution No. 17-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSAL BEFORE THE CONSTITUTIONAL REVISION COMMISSION REGARDING SOVEREIGN IMMUNITY; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 17-98 is on file in the City Clerk's office.) The City Attorney stated the Constitutional Revision Commission is considering various proposals seeking to change the Constitution as it deals with sovereign immunity. At the current time the Constitution provides that someone can sue government according to general law. There is now an amendment to a propos- al before the Constitutional Revision Commission which sets forth a new scheme in quite some detail which staff feels is not appropriate. Ms. Ruby then reviewed a list of objections to the current Amendment No. 6 to Proposal 59. Mr. Schmidt moved to approve Resolution No. 17-98 and authorize its transmittal to the appropriate officials, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN: Consider adoption of the Seacrest/Del-Ida Park Neighborhood Plan. The 8 3/03/98 area is bordered on the east by the F.E.C. Railroad, on the west by Swinton Avenue, on the south by N.E. 4th Street, and the City limits to the north. Ron Hoggard, Senior Planner, presented an overview of the proposed Seacrest/Del-Ida Park Neighborhood Plan. He noted that the plan is the result of a cooperative effort between the City and the community over the past year or so. The three main proposals of the plan are: (1) Elimination of the problems associated with small lot duplex and multi-family development. Prohibition of new duplex and multi-family development north of George Bush Boulevard; (2) Reduction of the negative impacts associated with through and non-residential vehicular traffic on local residential streets; and (3) Improvement of the physical appearance of the neighborhood through enhanced police activity, code enforcement and beautification. Preliminary cost estimates total $2,265,150.00 for implementation of the improvements contained within the neighborhood plan. Mr. Egan moved to adopt the Seacrest/Del-Ida Park Neighborhood Plan, seconded by Mr. Ellingsworth. Prior to roll call, Mr. Schmidt stated that due to a potential conflict of interest because of a client who owns property in the area, he would abstain from the vote on this matter. However, for the record, he wished to state that he does support the neighborhood plan. (Note: Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote, with Mr. Schmidt abstaining. At this point, the time being 6:55 p.m., the Commission moved to Item 12., First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 13-98: An ordinance amending Section 2.4.6(H), "Temporary Use Permits", of the Land Development Regulations to allow permits to be issued for the use of tempo- rary parking lots within portions of the Central Business Dis- trict (CBD), the Community Facilities (CF) District between Swinton Avenue and the Intracoastal Waterway, and portions of other non-residential zoning districts located between Swinton Avenue and 1-95. If passed, a public hearing will be scheduled for March 17, 1998. The City Manager presented Ordinance No. 13-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING -9- 3/03/98 SECTION 2.4.6(H), "TEMPORARY USE PERMIT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW TEMPORARY PARKING LOTS IN CERTAIN AREAS WHEN APPROVED BY THE CITY COMMISSION; PROVIDING REGULATIONS AND RESTRICTIONS FOR SAID TEMPORARY PARKING LOTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. During discussion, Mr. Schmidt commented that the Downtown Development Authority felt that the requirement about having to restore the area within 30 days if the temporary lot was no longer used should be eliminated. The expressed concern was that it would be a hardship in terms of cost to have to go in and either remove or cover the rock base and replace it with sod or landscaping upon expiration of the temporary parking lot permit. Mr. Schmidt stated that he would concur with this recommendation. Diane Dominguez, Director of Planning and Zoning, stated that the intent is to have this be a temporary situation where the parking lots are approved on an annual basis. At some point the use is supposed to stop, but if nothing is done to make the site not look like a parking lot it may be hard to discourage people from using it as such. Mr. Egan stated that he felt the intent was to try to solve a problem in certain areas where there is a quick-fix need until additional parking can be built. It is not to encourage people who have vacant lots to turn them into parking lots. A demand has to be demonstrated which would first have to be approved by the City Commission. Mr. Egan moved to approve Ordinance No. 13-98 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - No; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 12-98: An ordinance designating the Price House located at 1109 Sea Spray Avenue as a local historic site and adding it to the Local Register of Historic Places. Prior to consideration of passage of this ordinance on Second and -10- 3/03/98 FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 12-98: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PRICE HOUSE LOCATED AT 1109 SEA SPRAY AVENUE, AS MORE PARTICULAR- LY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTOR- IC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth moved to approve Ordinance No. 12-98 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 11-98: An ordinance amending Chapter 113, "Alcoholic Beverages", Section 113.02, "Prohibition of Consumption of Alcoholic Beverages in Public Places", of the City Code to provide that it is a violation of the ordinance to possess an open container of an alcoholic beverage in certain public places, and to clarify the ability of patrons to consume alcohol at the Lakeview Golf Course and during special events at Old School Square and the Tennis Center. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 11-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.02, "PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES", OF THE CITY CODE TO PROVIDE THAT IT IS A VIOLATION OF THIS ORDINANCE TO POSSESS AN OPEN CONTAIN- ER OF AN ALCOHOLIC BEVERAGE IN CERTAIN PUBLIC PLACES; TO CLARIFY THE ABILITY OF PATRONS TO CONSUME ALCOHOL AT THE LAKEVIEW GOLF COURSE -11- 3/03/98 AND DURING SPECIAL EVENTS AT OLD SCHOOL SQUARE AND THE TENNIS CENTER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Deborah Wright, 2210 N.W. 10th Place, expressed her concern that the proposed ordinance grants exceptions to certain establishments and patrons throughout the city, although in her opinion the exceptions do not extend to establishments frequented by African-Americans. Ms. Wright stated that while she is against open containers or public drinking of alcoholic beverag- es, it is difficult for her to understand why certain establish- ments on the same street and within blocks of each other have different rules. Shirley Johnson, 701 N.W. 4th Street, expressed concern about the potential liability of the City if an accident should occur where an involved party had been consuming alcohol at an event held on a public premises such as the golf course. As a long time member of M.A.D.D. (Mothers Against Drunk Driving), Ms. Johnson stated there are already enough problems without the government sanctioning the consumption of alcohol. She urged the Commission to pass the ordinance without exceptions as to when and where alcohol may be consumed on public property. Willie Ports, Jr., 634 Angler Drive, expressed his concern that the law needs to be enforced equally throughout the City. There being no one else who wished to address the City Commission, the public hearing was closed. Mr. Egan moved to approve Ordinance 11-98 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes. Said motion passed with a 4 to 1 vote. 10.C. ORDINANCE NO. 14-98 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending Section 4.4.13, "Central Business District", Subsection 4.4.13(H) (1), of the Land Development Regulations to restrict the sale of second hand material other than verifiable antiques on N.E. 2nd Avenue (Pineapple Grove Way). If passed, a second public hearing will be scheduled for March 17, 1998. Prior to consideration of passage of this -12- 3/03/98 ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 14-98: 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(H), "SPECIAL REGULATIONS", SUBPARAGRAPH 4.4.13(H)(1), OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO RESTRICT THE SALE OF SECOND HAND MATERIAL, OTHER THAN VERIFIABLE ANTIQUES, ON N.E. 2ND AVENUE (PINEAPPLE GROVE WAY) WITHIN THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Michael Weiner, 102 North Swinton Avenue, on behalf of Pineapple Grove Properties, made the following points: (1) That the Commission is acting on a legislative matter insofar as the proposed ordinance goes; it is not a quasi-judicial proceeding; and (2) that Pineapple Grove is merely asking to be treated the same way as Atlantic Avenue was treated, and that the success on Atlantic Avenue be allowed to continue northward onto Pineapple Grove Way. Tom Fleming, 215 N.E. 1st Avenue, Program Manager of Pineapple Grove Main Street, Inc., stated that the issue at hand is the vision for a neighborhood. The vision for Pineapple Grove Main Street is that it will be the cultural, retail and educa- tional center of Delray Beach. The neighborhood can and will offer a unique blend of population diversity, business mix and the arts in a quaint, safe and accessible setting to residents and visitors alike. The issue is to give Pineapple Grove a chance to implement the neighborhood plan that so many people have put so much effort into developing over the past few years. Mr. Fleming concluded by asking the Commission to adopt the proposed LDR amendment to give the vision a chance to unfold and protect the integrity of Pineapple Grove Main Street by putting the right uses in the right locations, done the right way. John Weaver, Chairman, Community Redevelopment Agency, urged the Commission to continue the vision that started with Atlantic Avenue onto N.E. 2nd Avenue and support the redevelop- -13- 3/03/98 ment efforts within Pineapple Grove by fine-tuning the land development regulations with the proposed text amendment. Joan Baccari, 1018 Bucida Road, stated that as a new business owner in Pineapple Grove, she had the confidence to choose this location because of the ongoing efforts to realize the potential of this avenue. To derail the vision and the plan now would be disastrous. Additional thrift stores on N.E. 2nd Avenue were never envisioned, and especially one the size of that proposed would have an overwhelming effect on the character of the neighborhood. Mrs. Baccari asked for the Commission's continued support of the Main Street program and that they do what is best for Pineapple Grove as a whole by voting in favor of the proposed text amendment. Robert Sweetapple, attorney representing Claire Har- rington, the owner (as Trustee) of the former Winn-Dixie property on N.E. 2nd Avenue, stated that the vision for the future needs to be balanced with the rights of each and every property owner. He commented on what he feels has been the rush to adopt the proposed text amendment because there is already a contract signed in good faith based on what they were told was an accept- able use of the Winn-Dixie property. He suggested that it was neither fair nor appropriate for this one aspect to be singled out when the overall plan has not yet been brought forward for consideration. Robert Eisen, attorney representing Ben Lee Corpora- tion, asked that the Commission not consider taking favorable action on the proposed ordinance. He reviewed the time frames for various events occurring with respect to the purchase of the property at 113 N.E. 2nd Avenue by Ben Lee Corporation in rela- tion to the processing of the LDR amendment. Mr. Eisen main- tained that the process is moving too fast and is contrary to the deliberative nature that the legislative process should have. Steve Cohen, 1140 Bauhinia Road, owns several proper- ties in the City, including the current Good Will location. He felt that the former Winn-Dixie site would be an excellent location for Good Will and it would be an improvement to a property that has stood vacant and generally blighted for a number of years. When he first inquired about moving Good Will, he was told there were no restrictions to prevent it so he negotiated a contract in good faith with Good Will. Now this one part of an overall plan is being hurried through to prevent Good Will from moving to the Winn-Dixie site. Mr. Cohen stated that Good Will has been and will continue to be a good neighbor in the community and would be an asset to N.E. 2nd Avenue in helping to bring about the changes everyone wants to see happen. Rich McGloin, Board Member of Pineapple Grove Main Street, stated that the proposed plan for Pineapple Grove has been a long time in the works. It has not been rushed and it is now almost ready for formal presentation. This plan contains a -14- 3/03/98 vision, guidelines for implementing that vision and a request for the tools necessary to do the job. The action requested of the Commission tonight, to support the proposed LDR amendment, is one of the tools to get the job done. Mr. McGloin further stated that the issue of time is not a factor; the issue of correct procedure is. The City Commission has followed the procedure and it is being done correctly. Arthur Nejame, Palm Beach Photographic Center on N.E. 2nd Avenue, stated that he and his wife came to Pineapple Grove almost three years largely because of the outline that the City and the CRA had presented for the Pineapple Grove vision. Ail of their accomplishments and work have been toward the achievement of that goal, and any changes to that vision or to all of the progress that has made to date need to very carefully considered as they will affect the future direction of Pineapple Grove. Bill Branning, Vice-President of Pineapple Grove Main Street and property owner at 9 N.E. 2nd Street, urged the City Commission to vote in favor of the proposed LDR amendment. To allow thrift stores or second hand stores on the main thorough- fare will detract from the vision everyone has worked so hard to reach. They were prohibited from Atlantic Avenue because they did not fit in with what the City wanted to see happen there, and Pineapple Grove Main Street deserves the same chance. Bob Costin, business owner and property owner in Pineapple Grove, spoke in support of the proposed LDR amendment. He did not feel it would be a good decision to allow thrift shops to locate into an area that the City and everyone involved wants to see progress to an upscale business community. If this had been allowed to happen on Atlantic Avenue, we would not have the Atlantic Avenue we have today. Dureene Moore, owner of a cookinq school in Pineapple Grove, stated that she and her husband had looked for some time to find a safe and secure location to open their cooking school, a place where the students (mostly women) would feel comfortable and safe coming to, especially at night. She is very happy with their location in the Ocean City Lumber complex, but would be concerned from a safety standpoint if the Good Will thrift store were permitted to enlarge and relocate onto the main boulevard. She has witnessed incidents of petty thievery at the current Good Will and would not want to see anything happen to all the work that has gone into Pineapple Grove, especially from a safe environment standpoint. Janet Onnen, President of Pineapple Grove Main Street, urged the City Commission to keep in mind the vision for Pineap- ple Grove, and to give the area the boost and the tools it needs to realize that vision. The vision is for an arts and entertain- ment district, complimenting Old School Square and extending up N.E. 2nd Avenue to a neighborhood shopping and residential area. Thrift stores are not part of the vision. -15- 3/03/98 Ron Collins, attorney representing ~ood Will Indus- tries, stated that Good Will Industries agrees with the vision for Pineapple Grove and believes that it will fit right in and be consistent with that vision. They can and will be good neigh- bors, but felt it would not be unreasonable to make the use a conditional use as considered by the Planning and Zoning Board if that would help to alleviate any concerns. Loretta McGee, business owner at 170 N.E. 2nd Avenue in Pineapple Grove and member of Pineapple Grove Main Street Execu- tive Committee, asked that the Commission support the proposed text amendment. She noted the restriction would only apply to N.E. 2nd Avenue (Pineapple Grove Way) and not throughout the entire district. Chris Brown, 218 South Seacrest Circle, reiterated that the vision and plan for Pineapple Grove Main Street is to try to upscale the area. While he commended the individuals who wanted to do something with the vacant Winn-Dixie property, he concurred in the thinking that moving Good Will into this location would not be the best thing for Pineapple Grove. Aldo Caniqliero, business owner on N.E. 2nd Avenue, felt it would be inappropriate to move a thrift shop to frontage on N.E. 2nd Avenue. The proof is on Atlantic Avenue, and it will also hold true for Pineapple Grove Main Street. Carolyn Patton, 1020 Tamarind Road, reminded the Commission of Delray Beach's sense of fairness. She stated that she knows the people from Ben Lee Corporation very well and felt that they should be given a chance to make their contribution to the Pineapple Grove area. Joe Gillie, 407 North Swinton Avenue, stated he felt the heart and soul of the whole issue is the vision for Pineapple Grove as an arts and entertainment district. The arts have contributed significantly to not only the economic development of the community but also to its cultural development, and that is why it is so important to hold to the vision and trust in what has already happened and what will continue to happen in Pineap- ple Grove. Alan Smith, 933 Cypress Drive and Professor of Market- ing at Florida Atlantic University, stated he is involved as a volunteer with Pineapple Grove's new business recruitment group which has been looking very hard at strategies for upgrading the area and attracting new businesses. Based on discussions and other evidence, he felt that a thrift shop is not what is needed to draw people into the area to shop and that it would most likely be damaging to the efforts to revitalize the neighborhood. Saralyn Buzen lonqtime resident of Delray Beach, asked where the principals of Ben Lee Corporation were when the busi- ness owners and residents sat down years ago and started working -16- 3/03/98 on the plan for Pineapple Grove? This is very important to the City of Delray Beach and many people have worked very hard for over three years to develop the plan and want to see it get off the ground. There being no one else who wished to address the City Commission, the public hearing was closed. After discussion, Mr. Ellingsworth moved to adopt Ordinance No. 14-98, as advertised, on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 1 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately followinq Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. In response to the prior comment regarding the Villas of High Point project, a proposed affordable housing rental development to be financed through the Palm Beach County Housing Finance Authority, the City Manager noted that Mrs. Beer had stated that someone in the City should inform the Authority that Delray Beach has enough affordable housing and does not want any more. He continued that the Housing Finance Authority is aware of the proposed project's inconsistencies with goals and objec- tives of the City's Comprehensive Plan, especially regarding the proposed density in relation to that of the surrounding area. The project was originally scheduled to go before the Site Plan Review and Appearance Board on February 18th, but after the applicants read the staff report they requested a continuance in order to redesign the project to address the issues raised in the report. It is staff's understanding that in light of the diffi- culties being encountered by this project, the Housing Finance Authority is considering requiring applicants for future funding to include correspondence from the applicable jurisdiction as to whether or not the proposed project complies with zoning regula- tions and the Comprehensive Plan. With respect to the questions raised by Mr. Kenneth Howard at the February 3rd meeting concerning the cost of making certain landscape improvements to his rental property on S.W. 7th Street, the City Manager reported that Mr. Howard was cited for non-compliance with minimum landscape requirements as well as the nuisance section to replace his lawn. Over 1,152 property owners in the City have been cited since 1993, with 735 cases brought into compliance. Mr. Howard indicated that he was asked to cut up an asphalt driveway which cost him $800 to install to plant trees and hedges. The City Horticulturist recently inspected the property and it appeared to her that the asphalt was installed at least ten to fifteen years ago. Mr. Howard is only being asked -17- /0 /98 to remove a portion of the driveway to accommodate a landscape buffer. Other than the sod and old asphalt, there is not another shrub or tree on the site. The minimum landscaping being re- quired would be a welcome addition to the property and the neighborhood. The City Manager then reviewed a chronological list of notices sent to Mr. Howard concerning his property. At a Code Enforcement Board hearing on January 27, 1998, Mr. Howard was given until April 14, 1998, to bring the property into compliance or be subject to a fine of $25.00 per day. He has submitted landscape plans for review by the Landscape Compliance Review Committee, but the committee has not met since his submit- tal. A quick review suggests that he may not have addressed all of the deficiencies, particularly the requirement to provide sod and irrigation within the unpaved portion of the right-of-way. From the staff perspective, it is pretty late in the process for the City to change minimum landscape requirements. Citywide, the impact has been positive and it would be unfair to others who have complied with the regulations. 11.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, asked if the City has some type of early warning system set up in the event of the need to warn of impending tornadoes. Mrs. Finst further stated that it has come to her attention that at the Tri-Rail station there is some move to expand the parking into the south parcel of land. She stated there is a ballfield and other recreational amenities on this property which have not been kept up, and the proposal is to take that out and expand parking. Mrs. Finst suggested the City look into salvaging this playfield and perhaps turn it into a useful recreational facility. Mrs. Finst also expressed concern about Police coverage at the train station. She cited an incident where an acquain- tance was at the station when something strange started going on. She called the Sheriff's Department right next door and was basically told that the Sheriff's Department would not respond since it was not within their jurisdiction. She had to wait for a response from the Delray Beach Police Department which was fairly quick, but not as fast as if a sheriff from next door had come over to the station. Mrs. Finst continued that the lighting at the station doesn't always work, the trains seem to run on a different schedule from that which is published and which is out of sync with the Palm Tran bus service, and the whole place is generally a mess. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. In response to Commissioner Egan's previous inquiry about the historic building being closed during Fotofusion, the -18- 3/03/98 City Manager stated that staff contacted John Johnson about what had happened and he advised that no one had told him the building needed to be open. Apparently, there was a breakdown in communi- cation. The building is normally open Monday through Friday, although Mr. Johnson indicated it could have been opened on the weekend if someone had asked. The City Manager pointed out that the workshop for next week is currently scheduled for Wednesday, March llth, because it was expected there would be an election on Tuesday, March 10th. Since there will not be an election, the City Manager recommended that the workshop be moved back to Tuesday. The City Commission concurred with this recommendation. The City Manager further stated that the last couple of years staff has had some difficulty scheduling the Crest Theatre for the annual town hall meeting. The first two years it was held on the fourth Tuesday in January, but for the last two years that date was unavailable so the meeting was held on the second Tuesday in February in lieu of a Commission work session. Staff would like to enter into a contract to automatically reserve the Crest Theatre on an annual basis, and would like to know the Commission's preference as to the day on which to hold the town hall meeting. After discussion, it was the consensus of the City Commission to hold the annual town hall meeting on the fourth Tuesday in January at the Crest Theatre. At the January 13, 1998, workshop, there was discussion about the large home issue and it was agreed to have the consul- tant do some additional work on this matter. For clarification purposes, the City Manager asked if it was the Commission's intent to have the Large Home Task Team involved in the further deliberations or just have the consultant report back to the City Commission. He noted that the Large Home Task Team has gone out of existence by sunset, so if the Commission wants to involve it, the group would have to be reconstituted by resolution. After discussion, it was the consensus of the City Commission that the intent was not to involve the Large Home Task Team, but rather have the consultant work with staff to develop recommendations to be brought directly to the Commission. The City Manager then reported that the City has been successful in obtaining a grant from the State to do an historic survey in the City. We received a top priority ranking and the full grant amount of $10,000.00 from the Division of Historical Resources. With respect to the recent tennis tournament, the City Manager reported that the Friday night crowd was the largest crowd ever at a Nuveen tournament event anywhere in the world. Both Citibank and Net Assets were very happy with the outcome, and there has been a lot of positive feedback. It is too bad the weather didn't hold out over the weekend as there probably would have been greater attendance. There were also some logistical -19- 3/03/98 problems, mostly behind the scenes, that had to be kept under control, but overall the tennis tournament went very well and it is anticipated it will go even better next year. Mayor Alperin stated that the Nuveen people made a point of telling him that the staff's cooperation and assistance was outstanding. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Ellinqsworth felt it might be beneficial for the City to be more proactive in certain situations, espe- cially in the area of RM zoning. He asked that the Commission be given a map or a list of the major areas that are yet to be developed along with their zoning for review to see if there might be things which could be avoided. 13.C.2. Commissioner Randolph had no comments or inquiries. 13.C.3. Commissioner Schmidt asked if the City Manager had gotten any feedback about the change in the garbage pickup in the northeast area? He has personally observed (1) in spite of the notices which BFI sent out (which he suspects most people threw out since they looked like junk mail), people are still putting out things on Monday that should not be going out. Also, he noticed that at least on the first two Mondays after the change was made, his garbage was picked up at 6:30 and 6:45 p.m., respectively. The second time it was getting dark and the workers just wanted to get done and they weren't concerned about what was going in the truck and what wasn't. The next morning he noticed that along N.E. 3rd Avenue there were a lot of bulk items that were out that were similar to ones that were picked up in other parts of the neighborhood. The City Manager stated it appears to staff that, overall, the situation is improving although one may not be able to see it yet. Staff is in the process of soliciting a proposal from BFI as to what it would cost to provide the Monday pickup in the northeast neighborhood as requested by the homeowners associ- ation. 13.C.4. Commissioner Egan asked about the status of the Mar- riott parking issue? The City Manager responded that the City has not yet taken possession and the certificate of occupancy has not yet been issued since they are still working in the building. 13.C.5. Mayor Alperin stated that there was an article in the December 23, 1997, issue of The New York Post about Delray Beach. He then stated that he had received several calls from the American Cancer Society asking if the City wants to put together a team for the Society's cancer walk on March 27-28, -20- 3/03/98 1998. Assistant City Manager Barcinski stated he, too, had received information on the event and would be bringing it up at a staff meeting to determine interest. Finally, for the record, Mayor Alperin stated that City staff had challenged the City Commission to a softball game at the City picnic held on Saturday, February 28th. Staff didn't show up to play, so the City Commission wins by forfeit. There being no further business, Mayor Alperin declared the meeting adjourned at 8:30 p.m. ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of March 3, 1998, which minutes were formally approved and adopted by the City Commission NOTE TO RE~ER: If the minutes you have received are not com- pleted 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. -21- 3/03/98 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I~NI %.XMI ilR~i ~,~sMI MII}I)I 1%~MI: NAMEOI' IIOARD.('OUN('II..(.~)MMI.%~ION. At:IHORI1Y. OI~ COMMI]-IEE '~ H~ ~0~I). ~'0~ NCII.. ('0~, I.'.'I0, ', ~] ~0~I~ O~ ~0~ ~]~ ~ ON COt~ I¥ ~AME OF I~I.ITIC~I. DAlE O~ ~HIt'H ~()11 (~('l kkE[ MY ~ITION I~: ~ WHO MUST FILE FORM 8B This form is for u~,e b.x' an.~ person scr~ lng at ~he county, ci~.v, 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-advisoo' bodies who are presemed with a voting conflict of imerest under Section 112.3143, Florida Statutes. Your responsibilities under ~he lab' ,ahen faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from x'oting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a governmem agency) by whom he is retained. in either case, you should 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 aM filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should 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. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly al the meeting prior Io consideration of the m~,tter in which you have a conflict of interesl. CE FORM #B- I.el PAC~E IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete Ihe form and file it within 15 days after the vote occurs with the person responsible for.recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) inured to m.~~ special pri~ate gain; or ~ inured to the special gah'~ of ~ ~',~ ~c ~~-~ . by ~hom , a~ retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 $5,000. CE FORM #B - 1.91 PAGE