07-21-98 JULY 21, 1998
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
July 21, 1998.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Rabbi Suzanne
Carter, Chaplin with the Delray Beach Police and Fire Departments
and Executive Director of Tzedakah House.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor A1perin noted the addition of Item 9.F., Author-
ization to Initiate Modifications to LDR Provisions Relating to
Adult Entertainment, to the regular agenda by addendum.
The City Manager asked that Item 8.I.7., Purchase award
for aboveground fuel storage tanks, be removed from the agenda,
to be brought back at a later date.
Mr. Ellingsworth moved to approve the agenda as amend-
ed, 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. Schmidt moved to approve the Minutes of the Regular
Meeting of July 7, 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: None
7. Presentations: None
8. CONSENT AGENDA: City Manager recommends approval.
8.A. BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT: Approve the
annual Bureau of Justice Assistance local law enforcement block
grant in the amount of $166,508.00, authorize the required 10%
City match, and approve the items proposed to be funded.
8.B. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve funding subsidies in the total amount of
$34,350.00 for three (3) income eligible applicants under the
Delray Beach Renaissance Program, with funding in the amount of
$24,350.00 from 118-1924-554-83.01 (SHIP) and $10,000.00 from
118-1923-554-83.01 (HOME).
8.C. SERVICE AUTHORIZATION #4/SHEREMETA ASSOCIATES, INC.:
Approve Service Authorization #4 in the amount of $47,550.00 with
Sheremeta Associates, Inc. for the design of utility improvements
and street resurfacing/reconstruction along the N.W. 3rd Street
corridor from N.W. 3rd Avenue to N.W. 10th Avenue; with funding
from 448-5411-538-63.69 (Stormwater - Spady Area & N.W. 3rd
Street).
8.D. REJECTION OF BIDS/FLEET MAINTENANCE SERVICE BAY:
Approve the rejection of all bids received on January 28, 1998,
for the Fleet Maintenance Service Bay project.
8.E. PROMOTION/ASSISTANT CITY ATTORNEY II POSITION: Approve
the promotion of Brian Shutt to the Assistant City Attorney II
position as recommended by the City Attorney.
8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period July 6th through July 17, 1998.
8.G. SERVICE AUTHORIZATION #2/HANSON ENGINEERS, INC.:
Approve Service Authorization #2 in the amount of $14,500.00 with
Hanson Engineers, Inc. for design services, permit execution and
construction administration for the aboveground fuel storage tank
installation at the Public Works compound fuel facility; with
funding from 334-6112-519-64.28 (General Construction Fund/Fuel
Tanks-Public Works).
8.H. AUTHORIZATION TO FILE APPEAL/TATE LAWSUIT: Authorize
the City Attorney to file an appeal in the referenced matter.
8.I. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the amount of $30,733 to Ameri-
can Earth Friendly, via Broward County Co-op Bid
with the City of Deerfield Beach serving as lead
agency, for recycled plastic park furniture and
trash receptacles; with funding in the amount of
$10,340 from 001-4131-572-63.90 (Parks Mainte-
nance/Other Improvements) and $20,393 from
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001-4131-572-52.20 (Parks Maintenance/General
Operating Supplies).
2. Bid award in the amount of $33,696.60 to Anything
In Fence for the removal of existing broken chain
link fencing and installation of new green vinyl
coated fencing and components at Merritt Park;
with funding from 118-1965-554-63.40 (Community
Development/Recreation Improvements).
3. Bid award in the total amount of $169,199.00 for
base bid plus alternates #1 and ~2 to Republic
Construction & Development Corp. for the construc-
tion of the improvements at Pine Grove Community
Park located on the south side of S.W. 10th Street
adjacent to Pine Grove Elementary School; with
funding from 117-4176-572-63.40 (Recreation Impact
Fee/Pine Grove Park) and additional funding from
Palm Beach County.
4. Bid award in the amount of $77,010.00 to Hausinger
& Associates, Inc. for replacement of the backwash
recovery pump at the Water Treatment Plant; with
funding from 441-5161-536-64.90 (W&S New Capital
Outlay/Other Machinery and Equipment).
5. Bid award in the amount of $24,628.80 to Henry
Haywood for the Poinciana Heights Neighborhood
Driveway Improvements project; with funding from
118-1974-554-49.19 (Neighborhood Housing/Housing
Rehabilitation).
6. Purchase award in the amount of $13,991.00 to
Van's Comfortemp for the emergency purchase of
roof top air conditioning equipment with specified
ancillary accessories for Fire Station #2; with
funding from 334-6112-519-62.10 (General Construc-
tion Fund/R&R - Buildings).
7. REMOVED FROM THE AGENDA
8. Purchase award in the amount of $18,504.65 to
Lucent Technologies, Inc., sole source manufactur-
er, for equipment necessary to upgrade the exist-
ing audix voice power system (voice mail) at the
Police Department; with funding from 001-2113-521-
64.11 (PD Support/Computer Equipment) and
115-2112-521-49.90 (Special Projects/Other Current
Charges/Obligations).
Mr. Egan moved to approve the Consent Agenda as amend-
ed, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Ellingsworth Yes; Mr. Randolph - Yes;
3 07/21/98
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. OLD SCHOOL SQUARE DEBT TO THE CITY: Consider a request
from Old School Square, Inc. for the City to forgive the balance
of Old School Square's indebtedness under the 1992 line of credit
agreement.
The City Manager stated he had outlined in his backup
memorandum a number of alternatives the Commission might take in
responding to this request and what their impact would be on the
City. One of the possibilities is getting with the Community
Redevelopment Agency about them assuming this responsibility.
Unfortunately, the CRA Executive Director is away on vacation and
the CRA Chairman is recovering from surgery so neither one of
them could be here this evening. The City Manager further stated
that his greatest concern if the City were to do an outright
forgiveness of the debt would be that we would have to absorb
this additional item as a direct expense to the budget of some
$300,000. However, there are a variety of other ways of dealing
with it that would be less impacting.
Mr. Egan stated he supports the City Manager's recom-
mendation that the CRA step up and assume responsibility for the
debt. He felt something could be worked out to everyone's
satisfaction and offered to be involved in the meetings to
develop an acceptable plan.
Mr. Ellingsworth felt that the Old School Square was
probably the catalyst for a lot of the development that has
occurred downtown and has played a significant role in increasing
the income to the CRA. He concurred that the City Manager's
recommendation to work something out with the CRA would be an
appropriate solution.
Mayor Alperin commented that while he would be reluc-
tant to forgive the debt, he would be willing to turn the respon-
sibility for it over to the CRA provided an acceptable arrange-
ment can be worked out that will not be an undue financial burden
on the CRA. He felt the discussions need to be left open for
whatever options might exist instead of walking in with a prede-
termined course of action.
It was the consensus of the City Commission to have Mr.
Egan serve as the City Commission liaision to any discussions,
with direction to the City Manager to arrange the necessary
meetings with Old School Square and the Community Redevelopment
Agency. The main point is that while the Commission is not
absolving the responsibility, they are willing to consider
transfer of the obligation if a satisfory arrangement can be
reached.
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9.B. FY 1999 BUDGET - ESTABLISHMENT OF PROPOSED MILLAGE
RATE:
The City Manager stated that in the transmittal memo-
randum sent out yesterday evening he tried to lay out a number of
different options in approaching the proposed millage. To
summarize, the proposed budget is presented at 7.75 mills, a
reduction of five-hundredths of a mill from FY 1998. The pro-
posed budget has a contingency amount of $220,000 that could be
used to fund things which at this point are not funded in the
budget or for further millage reduction. The City Manager noted
that some large requests have been received, one of which is the
Old School Square debt forgiveness. The Library is requesting
$250,000 more than what is recommended, and there are a large
number of departmental requests. Ail together, unfunded requests
add up to about $1.7 million. One item discovered that was left
off of the unfunded list is a request from the Joint Venture for
$45,000 toward the expense of the Christmas Tree. The City
Manager stated the millage can be set at any level the Commission
might choose; however, if any of the large dollar requests are to
be seriously considered, he suggested setting the proposed
millage at 7.80. He reiterated that once the proposed millage is
set, it becomes very cumbersome to go above that. It can always
be brought down.
On question from Mr. Ellingsworth, the City Manager
stated that five-hundredths of a mill equates to $140,000 in
round numbers.
Mayor Alperin stated he felt the millage should be set
at 7.75 and look to try to bring it down even more. Delray Beach
is pretty high on its millage and if it isn't brought down when
we can afford to, it isn't going to come down.
Mr. Ellingsworth moved to establish the proposed
millage rate at 7.75, seconded by Mr. Egan.
Prior to roll call, Mr. Schmidt commented that the
budget document was delivered to the City Commission just last
night and he did not think it was fair to the Commission to set a
number now when there has not been the time to examine some of
these requests that the City Manager has not been able to include
in the budget. If the initial millage rate is set at 7.80, it
certainly doesn't mean the Commission is locked into that number.
By going with the lower number of 7.75, we are effectively
precluding some of these requests from even being considered.
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.
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9.C. BID AWARD/TOWING CONTRACT FOR POLICE DEPARTMENT:
Consider approval of a bid award to McAlpines Towing for the
annual Police Department towing contract.
Joe Safford, Finance Director, recounted the process
that was used to evaluate the bids. Based on the information
received by the review committee, staff recommends award of the
towing contract to McAlpines Towing with a total annual franchise
fee of $100,000 to be paid annually to the City. The company's
qualifications, references, past performance, owners and officers
and financial reports have been checked and were determined by
staff to be satisfactory. The contract is for three years, with
an option to renew for two (2) one-year terms, and becomes
effective August 7, 1998. The $100,000 franchise fee will be
paid directly into the General Fund.
Mr. Egan moved to approve the bid award to McAlpines
Towing for the Police Department towing contract, seconded by Mr.
Schmidt. Upon roll call the Commission voted as follows: Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to
0 vote.
9.D. BID AWARD/INTERCOUNTY FOUNDATION, INC. (BUCIDA ROAD
WATER MAIN & DRAINAGE IMPROVEMENTS): Consider approval of a bid
award in the amount of $104,525.00 to Intercounty Foundation,
Inc., as the lowest responsive bidder, for the Bucida Road water
main and drainage improvements project; with funding in the
amount of $56,565.00 from 442-5178-536-63.50 (W&S Renewal and
Replacement/Water Line Upgrades), $15,000.00 from 448-5411-
538-63.65 (Stormwater - Golf Court/Birdie Court), and $32,960.00
from 448-5411-538-63.67 (Stormwater - Lakeview) .
Richard Hasko, Director of Environmental Services,
stated this is primarily an underground utility project with
water main upgrades and drainage pipe replacement, together with
roadway restoration. Staff is recommending award to the second
low bidder based on an investigation of the apparent low bidder's
references which resulted in a lack of evident experience in
underground utility work.
Mr. Egan moved to approve the bid award for the Bucida
Road water main and drainage improvements project to Intercounty
Foundation, Inc. as the lowest responsive bidder. The motion was
seconded by Mr. Randolph. 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.
9.E. CRA REQUEST TO AMEND ELIGIBILITY GUIDELINES UNDER THE
DELRAY BEACH RENAISSANCE PROGRAM: Consider a request from the
Community Redevelopment Agency to amend the eligibility guide-
lines under the Delray Beach Renaissance Program to provide for
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the participation of existing homeowners living within the West
Atlantic Avenue Redevelopment Area.
Lula Butler, Director of Community Improvement, stated
the request from the CRA is to amend the Renaissance housing
program to accommodate existing homebuyers living within the West
Atlantic Avenue Redevelopment Area. One of the issues the CRA is
dealing with is that as they move to acquire properties to
accommodate new development, in some cases it may be necessary
for existing homeowners to be displaced and new homes acquired
for them. The CRA is asking for the ability to provide subsidies
through the City's affordable housing program. The City's
program, however, was adopted for first time homebuyers only. In
order to accommodate the CRA's request, the City's policies and
procedures need to be revised for this specific eventuality. The
recommendation is that it be approved with the funding to come
out of SHIP dollars because that is the only program that is
flexible enough to accommodate existing homebuyers. The CRA has
indicated that it does not expect more than 4 homebuyers per year
to be requesting subsidy assistance under this program.
Mr. Schmidt moved to approve the Community Redevelop-
ment Agency's request to amend the City's guidelines under the
Renaissance Program to allow participation by existing homeown-
ers, subject to the following conditions:
(1) That the City's award of affordable housing
subsidies to existing homeowners be limited to families residing
in the West Atlantic Avenue Redevelopment Area and who are
subject to displacement resulting from the need to accommodate a
redevelopment project assisted by the CRA.
(2) That the City allocate and budget in support of
the West Atlantic Avenue redevelopment activities a maximum of
four (4) subsidy awards annually, not to exceed $15,000 each.
(3) That the potential homebuyer meet the requirement
for eligibility as established under the City's affordable
housing program guidelines.
(4) That the subsidy awards be limited to families who
are verified at 80% and below the median income limit established
for Delray Beach and published by the Department of Housing and
Urban Development.
The motion was seconded by Mr. Egan. Upon roll call the Commis-
sion 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.F. AUTHORIZATION TO INITIATE MODIFICATIONS TO LDR PROVI-
SIONS RELATING TO ADULT ENTERTAINMENT: Consider authorizing staff
to initiate modifications to the Land Development Regulations
relative to adult entertainment.
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Mr. Egan moved to authorize staff to initiate modifica-
tions to the adult entertainment ordinance, 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.
At this point, the Commission moved to Item 12., First
Readings, on the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 28-98: An ordinance amending Chapter
110, "Occupational Licenses Generally", Section 110.15, "License
Tax Schedule", of the City Code to provide for a four percent
increase in all occupational license tax fees effective October
1, 1998. If passed, a public hearing will be scheduled for
August 4, 1998.
The City Manager presented Ordinance No. 28-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 110, "OCCUPATIONAL LICENSES GENERAL-
LY'', SECTION 110.15, "LICENSE TAX SCHEDULE",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, TO PROVIDE FOR AN INCREASE IN
OCCUPATIONAL LICENSE FEES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 28-98 on
FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor A1perin
Yes; Mr. Schmidt - Yes; Mr. Egan Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Com-
ments and Inquiries on Non-Agenda Items from the Public.
11. Co=~ents and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
ll.A. City Manager's response to prior public comments and
inquiries.
In response to the question raised at the last meeting
about parking spaces in a couple of different locations during
the 4th of July weekend, the City Manager stated that the City-
8 07/21/98
owned parking spaces at Veterans Park were available to anyone on
a first come, first serve basis. Staff is not aware of anyone
being charged for parking at Veterans Park; however, Atlantic
Plaza was charging for parking in their private lot which is
adjacent to the City-owned lot at Veterans Park. At the parking
lot on the north side of the Marriott, there were some spaces
that were blocked off and were used by the fireworks company's
employees, sand sculpture workers, and Marjorie Ferrer. As to
the spaces being occupied in the morning with no fee having been
paid, according to the City Code meter spaces only charge for
parking between 8:00 a.m. and 6:00 p.m. If anyone is parked in
those spaces and has not put money in either before 8:00 a.m. or
after 6:00 p.m., they are not in violation.
In response to the inquiry about the Lambert Trailer
Park (also known as the Floranda Trailer Park), the City Manager
stated staff is aware that there is some developer interest in
acquiring the trailer park for redevelopment. That is a private
matter between the property owners involved. There are state
laws which specifically regulate acquisition of trailer parks and
transition to other uses, but it is not anything that the City is
involved in.
ll.B. From the Public.
ll.B.1. Gerald DeFoe, 142 Mockingbird Lane, Country Manors,
spoke about the need for physical improvements in the City
Clerk's office at the north end of the City Hall second floor.
He noted that the Finance Department has been beautifully refur-
bished, and rightfully so. However, the City Clerk's office
remains antiquated with the more up-to-date computerized equip-
ment looking woefully out of place in the current surroundings.
Mr. DeFoe stated he felt the Clerk's office is deserving of
upgrades similar to the rest of the building and urged the
Commission to allocate the necessary funding to at least begin
the renovation of these offices.
In response, the City Manager stated there is $27,000
recommended in the City Clerk's operating budget for FY 1999 to
remove the wallpaper, paint the walls, install new carpet and
purchase new work stations for staff members in the Clerk's
office.
ll.B.2. Alice Finst, 707 Place Tavant, thanked the City Manager
for the information he provided on the Marriott parking lot
situation. However, she feels that the City has provided the
hotel overflow parking for approximately 10 hours a day with no
subsequent reimbursement. If this were a City parking lot as it
used to be, it would be closed at dusk and the Marriott would
have to accommodate its parking needs in some other fashion such
as paying for it. Mrs. Finst asked that this situation be looked
into to see if there is some other option than closing off that
parking at dusk and basically turning it over to the Marriott,
free, for the hotel's overflow parking.
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Mrs. Finst then expressed her concern about the condi-
tion of the Spady House which is an historical site and should be
taken better care of. She stated that the fencing is not contin-
uous around the property, the gate is not closed, and there
appears to be no security. The property looks disreputable and
even a coat of paint would be helpful at this point.
ll.B.3. Alma Maldonado, representing the Hispanic residents of
the Germantown Road area, stated there is a feeling that the City
has forgotten the Germantown area. The roads are still dirt,
there are no sidewalks (from S.W. 7th Avenue west to Wallace
Drive), and the children have to walk on the road to go to and
from school. The residents would like to know when the City is
going to do something for this area which has been neglected for
too long. It should receive the same benefits that other parts
of the City have received.
11.B.4. Shirley Johnson, 701 N.W. 4th Street and President of
the Paradise Heights Homeowners Association, expressed her thanks
and appreciation to the City and especially to the Police Depart-
ment for the recent actions taken to eliminate some of the drug
dealing activity which has been taking place in the neighborhood.
Ms. Johnson further stated that while she has not received a
response from Mr. Owens in Public Works about the street light-
ing, it is her understanding that since the homeowners associa-
tion has made the request it will probably be considered and
perhaps in a year or so the neighborhood will get improved street
lighting. She felt this might also serve as a deterrent to the
drug activity which has historically occurred in the neighbor-
hood.
ll.B.5. Mr. Babe Harris, 687 Sunny South Avenue, Boynton Beach,
stated he has a letter from the Boys Farmers Market giving him
permission to put a vendor's cart under their roof on their
property, and inquired about the need for an occupational li-
cense. Mayor Alperin suggested to Mr. Harris that he contact the
occupational license division in the Community Improvement
department during regular business hours for assistance.
ll.B.6. Walter Riveras, 1114 S.W. 8th Avenue, spoke in support
of the comments made earlier by Ms. Maldonado about the need for
street paving, sidewalks and street lighting improvements in the
Germantown Road area south of S.W. 10th Street, generally from
Pine Grove Elementary School west to Wallace Drive.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
In response to Commissioner Randolph's inquiry about
taxi cabs doing business in the City, the City Manager stated
that each business operating in Delray Beach is assessed an
occupational license fee and is required to provide verification
of liability insurance for the file. Beyond that, taxi opera-
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tions are primarily regulated by Palm Beach County. Currently,
there are two companies that are licensed with their primary
office in the City, and six other companies registered as doing
business in the City with their offices being located outside of
the City limits. The City Manager indicated he would provide Mr.
Randolph with a list of the eight taxi companies operating in the
City.
The City Manager then reported on several items from
the Palm Beach County Municipal League. Clarence Anthony is to
be installed as the National League of Cities President in Kansas
City, Missouri, in December, 1998, at the annual conference. The
Municipal League is discussing how to handle the installation of
officers and whether they should continue to do it at a noon
meeting or have a dinner meeting. If the Mayor or Commissioners
have any thoughts on this, please let the Manager know and he
will pass them on. Also, the Municipal League did start a
newsletter and the first issue has come out. The City Manager
was not sure of the distribution, but would see to it that
everyone receives a copy of it.
The City Manager further stated that the Florida League
of Cities President Sam Ferreri was at the last general member-
ship meeting and was emphasizing year around advocacy for legis-
lative issues. The League will try to give us their policy
positions earlier so that we can lobby legislators at home before
they go to Tallahassee. Also, they feel there will be an effort
at the Fall organizational meeting of the Legislature to override
the Governor's veto on the Police and Fire Pension Bill so this
is one thing we should talk to our legislators about to be sure
they won't vote in favor of an override. The Florida League of
Cities plans to hire a Big Eight accounting firm to do an actuar-
ial study to get a better basis for quantifying the costs of the
Police and Fire Pension Bill. In addition, the City is going to
try to look at our own situation in a little more detail.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.1. Commissioner Ellinqsworth had no comments or inquiries.
13.C.2 Commissioner Randolph had no comments or inquiries.
13.C.3. Commissioner Scb_midt inquired about the scheduling of
one or more budget work sessions as mentioned in the City Manag-
er's budget transmittal memorandum. In addition to the regular
workshop meetings already scheduled for August 11, 1998, and
September 8, 1998, it was the consensus of the City Commission to
schedule a budget workshop for Tuesday, August 25th, and hold the
date of September 1st in reserve in the event an additional
budget workshop becomes necessary.
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13.C.4. Commissioner Eqan inquired about an accident involving
a pedi-cab at the Intracoastal bridge this past Saturday night?
He asked the City Manager to find out the details and report back
to the Commission. Since the six month trial period for the
pedi-cabs is coming to a close soon and some action will need to
be taken on how to deal with the pedi-cab issue, he would like
more information on what happened.
Commissioner Egan then expressed his thanks and appre-
ciation to John Walker, Project Coordinator in the Planning
Department, for all of his help over the years and wished him
well as he leaves the City to pursue other interests.
13.C.5. Mayor Alperin stated that the School Board's Five Year
Plan does not include the second phase of the Seacrest project.
The agreement says that once they complete the first phase, they
are to start the second phase within three years which would
bring it within the Five Year Plan. Principal Shetler is trying
to work on this, but Mayor A1perin felt it would be helpful for a
letter to be sent from the Commission to the School Board to
remind them of the agreement.
In addition, Mayor A1perin stated that Pine Grove
Elementary School had a study done back in May to determine what
changes and renovations would be necessary to the buildings to
accommodate the new magnet program. They came up with about
$75,000 in needs. Now the School Board is saying they don't have
the money for the renovations even though they gave the go ahead
for the magnet program. Mayor A1perin felt a letter should be
sent to the School Board expressing the City Commission's disap-
pointment with them for again not following through on another
commitment.
Finally, Mayor Alperin stated there was a discussion at
the City's Education Board meeting last night where it was
pointed out that there is a master plan which indicates the five
oldest high schools in the County needing either major renovation
or replacement. Atlantic High School is one of those schools.
Of the five, it is the oldest and probably has the biggest
problems. But, the School Board will not identify in what order
the schools are slated to be modernized or rebuilt. What they
want to do is a feasibility plan next year and then start doing
one school a year after that. This means that in a five year
master plan, only four schools will get done, and the School
Board will not make any kind of commitment as to which schools
are a priority even though Atlantic has the oldest buildings.
Mayor A1perin noted that School Board member Bob Hayes has
recently been ill and has not been able to represent us. He
asked for the Commission's support to push for Atlantic High
School to be considered as a priority within the plan.
It was the unanimous consensus of the City Commission
to support the Mayor's position on these three issues and direct
that the appropriate letters be sent to the School Board.
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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:
(Note: Mr. Schmidt stepped down for the following item. Form
8B, Memorandum of Voting Conflict for County, Municipal, and
Other Local Public Officers, is on file in the City Clerk's
office.)
10.A. ORDINANCE NO. 24-98 (FIRST READING & TRANSMITTAL
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 98-1): Consider on
first reading an ordinance adopting Comprehensive Plan Amendment
98-1, and authorize transmittal to the State Department of
Community Affairs for review. Amendment 98-1 includes:
(1) Future Land Use Map Amendment from TRN (Transi-
tional) to LD (Low Density Residential 0-5
du/acre) in part, and from MD (Medium Density
Residential 5-12 du/acre to LD (Low Density
Residential 0-5 du/acre), in part, in conjunction
with the implementation of the Seacrest/Del-Ida
Park Neighborhood Plan generally located between
Seacrest Boulevard and Dixie Highway and between
George Bush Boulevard and Atlantic High School.
(2) Future Land Use Map amendment from TRN (Transi-
tional) to LD (Low Density Residential 0-5
du/acre) in part, and from LD (Low Density Resi-
dential 0-5 du/acre) to TRN (Transitional) in
part, related to the realignment of a roadway
within the Citation Club~Hammock Reserve develop-
ments located on the east side of Military Trail,
south of Linton Boulevard.
(3) Amendment to the text of the Housing Element
relating to the adoption of the Seacrest/Del-Ida
Park Neighborhood Plan.
(4) Amendment to the text of the Conservation Element
regarding the preparation of a program to preserve
or mitigate the development of Hurricane Pines
(environmental site on the south side of S.E. 10th
Street between Dixie and Federal Highways).
The City Manager presented Ordinance No. 24-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 98-1 PURSUANT TO
THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
-13- 07/21/98
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1"
AND INCORPORATED HEREIN BY REFERENCE; PROVID-
ING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-98 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.
John Walker, Project Coordinator, presented a brief
overview of the four components included in Comprehensive Plan
Amendment 98-1.
Ron Hoggard, Senior Planner, discussed the proposed
Future Land Use Map amendments contained in Amendment 98-1
relative to the Seacrest/Del-Ida Park neighborhood.
Mayor Alperin declared the public hearing open.
Speaking from the audience were the following:
Scott Christensen, 10 N.E. 13th Street and President of
the Seacrest ~omeowners Association, urged the City Commission to
continue to support the implementation actions as set forth in
the Seacrest/Del-Ida Park Neighborhood Plan including the pro-
posed Future Land Use Map amendments and related rezonings. He
felt that the change from multi-family to single family land use
and zoning will only benefit the neighborhood and encourage
property owners to enhance the appearance of their properties.
Rich McGloin, 2275 North Swinton Avenue, stated that
the transition from planning to implementation is the most
difficult aspect of a project and the Seacrest/Del-Ida Park plan
needs the Commission's support in terms of the'Future Land Use
Map amendments contained in Amendment 98-1 to keep the momentum
going so that the redevelopment efforts within this neighborhood
will be successful.
Saralyn Buzen, 237 N.E. 14th Street, commented on the
need for housing opportunities (rental and starter homes) for
young people starting out today.
There being no one else who wished to speak on the
item, the public hearing was closed.
At this point, John Walker reported that the Planning
and Zoning Board considered Comprehensive Plan Amendment 98-1 on
June 15, 1998. After considerable discussion, the Board voted to
recommend that Amendment 98-1 be transmitted without the Future
-14- 07/21/98
Land Use Map amendments related to the Seacrest/Del-Ida Park
neighborhood plan. The recommendation from staff, however, is to
transmit the plan amendment in its entirety, including the
Seacrest/Del-Ida Park FLUM amendments.
On question from Mr. Ellingsworth concerning the
creation of non-conformities by the proposed land use amendments
and associated rezonings, Mr. Hoggard stated there are four
multi-family structures in the medium density area that are
already built at 40 units per acre. They could not rebuild at 40
units per acre under the existing zoning. In the LDR section
dealing with 'Acts of God', they could rebuild to the existing
density provided it is done within one year. If a building is
not destroyed by an act of God, then it could only be rebuilt
under the current zoning. The majority of the duplexes in the
affected areas (86%) are already non-conforming either with
respect to the lot size, unit size, setbacks, etc.
Mr. Egan moved to approve Ordinance No. 24-98 on FIRST
Reading and authorize transmittal of Comprehensive Plan Amendment
98-1 in its entirety as recommended by staff. The motion was
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
Mr. Schmidt returned to the dais at this time.
10.B. ORDINANCE NO. 25-98 (SECOND READING/SECOND PUBLIC
HEARING)= An ordinance amending LDR Section 6.3.3 pertaining to
the use, design and maintenance of sidewalk cafes. 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. 25-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
RIGHT-OF-WAY", SECTION 6.3.3, SIDEWALK CAFE",
OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, BY ADDING AN APPLICA-
BILITY SECTION; PROVIDING THAT A SKETCH PLAN
AS OPPOSED TO A SITE PLAN SHALL BE SUBMITTED
WITH A PERMIT APPLICATION; EXPANDING THE
GEOGRAPHIC AREA IN WHICH A SIDEWALK CAFE MAY
BE PERMITTED TO INCLUDE ALL ZONING DISTRICTS
IN WHICH RESTAURANTS ARE ALLOWED; AMENDING
THE REGULATIONS GOVERNING THE USE, DESIGN AND
MAINTENANCE OF A SIDEWALK CAFE; PROVIDING FOR
AN INCREASE IN THE AMOUNT OF INSURANCE
COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING A GENERAL REPEALER
-15- 07/21/98
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 25-98 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. There
being no one who wished to address the Commission, the public
hearing was closed.
Mr. Ellingsworth moved to approve Ordinance No. 25-98
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.C. ORDINANCE NO. 27-98 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending LDR Section 4.4.9, "General Commer-
cial (GC) District", to allow 'Astrologists, Clairvoyants,
Fortune Tellers, Palmists, Phrenologists, Psychic Readers,
Spiritualists, Numerologists and Mental Healers' as a permitted
use within certain areas of the GC zone district; amending
Subsection 4.4.9(H), "Special Regulations", to provide location
and distance restrictions for said use; and amending Section
110.15, "License Tax Schedule", of the City Code by adding
'Psychic Readers' If passed, a second public hearing will be
scheduled for August 4, 1998.
The City Manager presented Ordinance No. 27-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO ALLOW 'ASTROLOGISTS, CLAIRVOYANTS,
FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS,
PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS
AND MENTAL HEALERS' AS A PERMITTED USE WITHIN
CERTAIN AREAS OF THE GC ZONE DISTRICT;
AMENDING SUBSECTION 4.4.9(H), "SPECIAL
REGULATIONS", TO PROVIDE LOCATION AND DIS-
TANCE RESTRICTIONS FOR SAID USE; AMENDING
CHAPTER 110, "OCCUPATINAL LICENSES GENERALLY"
SECTION 110.15 "LICENSE TAX SCHEDULE", BY
ADDING 'PSYCHIC READERS' TO THE 'ASTROLO-
GISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALM-
ISIS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLO-
-16- 07/21/98
GISTS AND MENTAL HEALERS' CLASSIFICATION;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-98 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.
Paul Dorling, Acting Planning Director, stated that the
proposed text amendment will allow 'psychic readers' and similar
uses as permitted uses in certain geographic areas of the General
Commercial zoning district. These areas include the Federal
Highway pairs (N.E. and S.E. 5th and 6th Avenues), between SoE.
3rd Street and S.E. 10th Street, and between N.E. 4th Street and
N.E. 7th Street. He reported that the Planning and Zoning Board
considered the text amendment on July 20, 1998, and voted unani-
mously to recommend approval. In a related action, the Board
also considered a similarity of use request for 'psychic readers'
for a specific use (Shining Through) and determined the similari-
ty of use approach was not appropriate and that the use request
is recommended for inclusion in the Land Development Regulations
as a formal text amendment in the Central Business District.
Mayor Alperin declared the public hearing open. There
being no one who wished to address the Commission, the public
hearing was closed.
Mr. Schmidt moved to approve Ordinance No. 27-98 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion 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.
Mayor Alperin commented that he attended the Planning
and Zoning Board's meeting last night and felt there was some
confusion about the discussion and motion that followed. He
suggested that staff keep the Commission abreast of what is
happening with this item before it comes back to the Commission.
10.D. RESOLUTION NO. 45-98: A resolution establishing a
budget for the Stormwater Utility System, establishing the rates
for FY 1999 stormwater management assessments, and certifying and
adopting the stormwater assessment roll. Prior to consideration
of passage of this resolution, a public hearing has been sched-
uled to be held at this time.
The City Manager presented Resolution No. 45-98:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A
-17- 07/21/98
BUDGET FOR THE STORMWATER UTILITY SYSTEM;
ESTABLISHING RATES FOR STORMWATER MANAGEMENT
ASSESSMENTS FOR EACH PARCEL WITHIN THE
BENEFITED AREA, OTHER THAN NON-ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL
IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, AND RELEVANT STATUTORY AUTHORITY;
PROVIDING FOR THE CERTIFICATION AND ADOPTION
OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL.
(The official copy of Resolution No. 45-98 is on file
in the City Clerk's office.)
The City Manager noted that the assessment is at the
same rate it has been for the past several years which is $4.50
per month per Equivalent Residential Unit (ERU) .
Mayor Alperin declared the public hearing open. There
being no one from the audience who wished to address the Commis-
sion, the public hearing was closed.
Mr. Egan moved to approve Resolution No. 45-98, second-
ed 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.
10.E. ORDINANCE NO. 26-98: An ordinance amending Chapter 95,
"Emergency Management", of the City Code to provide definitions
for the terms "average retail price", "consumer good", "enforce-
ment official" and "fuel product", enacting a provision for
prohibition of price gouging during a declared state of emergen-
cy, and providing for a revision to Resolution D related to
prohibiting price gouging.
1. Adoption of Resolution No. D as amended to reflect
the use of the term "average retail price"
The City Manager presented Ordinance No. 26-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
9, "GENERAL REGULATIONS", CHAPTER 95, "EMER-
GENCY MANAGEMENT", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 95.01, "DEFINITIONS", TO PROVIDE FOR
DEFINITIONS FOR THE TERMS "AVERAGE RETAIL
PRICE" , "CONSUMER GOOD" , "ENFORCEMENT OFFI-
CIAL'', AND "FUEL PRODUCT"; AMENDING SECTION
95.05, "DECLARATION OF A STATE OF EMERGENCY",
TO PROVIDE FOR A REVISION TO RESOLUTION D
RELATING TO PROHIBITING PRICE GOUGING;
ENACTING A PROVISION FOR PROHIBITION OF PRICE
-18- 07/21/98
GOUGING; AMENDING "RESOLUTION D"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-98 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. There
being no one from the audience who wished to address the Commis-
sion, the public hearing was closed.
Mr. Randolph moved to approve Ordinance No. 26-98 on
Second and FINAL Reading, seconded by Mr. Egan. 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.
Mr. Randolph moved to approve Resolution No. D as
amended, 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.
At this point, Mayor Alperin asked if there were any
additional public comments or inquiries on non-agendaed items
from anyone who was not present at the meeting prior to 7:00
p.m.? There were no additional comments from the public.
The City Manager stated that he had a partial response
to the Mayor's prior inquiry about the computer replacement for
the AS400 at City Hall. The decision to purchase the AS400 was
made in May of 1991. At that time a representative from IBM
stated that the life expectancy would be five to seven years.
Seven years would bring us to 1998 so the City Hall AS400 lived
up to expectations.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:35 p.m.
ATTEST:
-19- 07/21/98
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 July 21, 1998,
which minutes w~re formally approved and adopted by the City
Commission on /2J, n~x~ ~ /9~ ·
~ity Clerk
NOTE TO READER: 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.
-20- 07/21/98
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I &~1%AMI IIk'~l ~,,'~MI MIl)Il,1 1%~MF ~AMEO~
M.MI I~(~ .M)IIRI ~ '1 tit ~AR[). ('OUN('II.. COMMISSION. AU] HORl17 08 COMMI]] EE Oh
· 'HICH I SERVE I% A UNI1 OF:
NAME OF ~I.ITICAI. SUBDIVISION:
I)A1E ON ~HI('H ~(111' (~'t'{ KREI)
WHO MUST FILE FORM 8B
This form is for usc by an.,,' person set,, ing at the county, city, or other local level of go~ernmem on an appointed or elected board,
council, commission, authorit); or committee. It applies equally to members of ad,,isory and non-advisory bodies who are presented
svith a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when 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 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.
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; an#
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate thc form in the minutes.
APPOINTED OFFICEi~:
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 at the meeting prior to consideration of the matter in which you have a COnflict of interest'.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflic! in the measure before participating.
· You should complete Ihe form and file it within 15 days after lhe vote occurs with the person responsible for.recording the minules
of Ihe 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 my special pri~ate gain; or
{b) The measure before my agency and the nature of my interest in the measure is as follows:
Dat~ Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {;!12.317 (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 - I.~1 PAGE