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10-07-97 OCTOBER 7, 1997 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, October 7, 1997. 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 Reverend Jim Atchison, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. The City Manager stated that Item 7.A., the resolution recognizing Matthew ("Bump") Mitchell, should be removed from the agenda. Sergeant Mitchell was unable to attend tonight's meet- ing, so the presentation will be scheduled for a later date. The City Attorney stated that Item 8.B, Indemnification Agreement and Hold Harmless/Firearm Training Facility, will need to be modified somewhat as to form. The item may remain on the consent agenda for approval, but she wished to make this notation for the record. Mr. Egan moved to approve the agenda as amended, 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. 5. Approval of Minutes: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of September 23, 1997, seconded by Mr. Schmidt. 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. National Red Ribbon Celebration - October 23-31, 1997. Mayor A1perin read and presented a proclamation recog- nizing October 23 through 31, 1997, as National Red Ribbon Celebration Week. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation on behalf of the Police Department. 6.B. Florida City Government Week - October 19-25, 1997. Mayor Alperin read and presented a proclamation recog- nizing October 19 through 25, 1997, as Florida City Government Week. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. 7. Presentations: 7.A. REMOVED 7.B. EMPLOYEE SUGGESTION PROGRAM AWARD: Paul DeCarolis $4,000.00 Industrial Pretreatment Inspector Environmental Services Mayor Alperin formally recognized Mr. Paul DeCarolis, Industrial Pretreatment Inspector, for his discovery of an uncollected sewer surcharge fee for the Safety-Kleen Corporation. Mr. DeCarolis' efforts resulted in a $20,000.00 revenue increase for the City, entitling him to an award of 20% of the first year collection or $4,000.00. Mr. DeCarolis came forward to accept his award. Mayor Alperin expressed appreciation to Mr. DeCarolis for his efforts on behalf of the City. 7.C. BRAHM DUBIN - NUVEEN TENNIS TOURNAMENT Mr. Brahm Dubin stated that the Nuveen Tournament is coming to the Tennis Center on February 25, 1998. Representa- tives of the tour are now in town to begin preparations. Mr. Dubin introduced Ms. Gina Kelly, Tournament Manager, and Mr. Kirk Schultz, Director of Sales. Ms. Kelly began with a short video presentation about the Nuveen tour. She expressed appreciation to the City Commis- sion for the support which the City has provided for the event. She briefly discussed the tour sponsors and the media exposure that the Nuveen tournament will bring to Delray Beach. Mr. Schultz, Sales Director for the event, spoke briefly about the background of the Nuveen tour. He felt that the tournament will be a very exciting event not only for the corporate sponsors but for the fans as well, especially with the 2 10/07/97 accessibility of the players on the tour to the public. The Nuveen tournament will begin on February 25, 1998, and run through March 1, 1998. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. ACCEPTANCE OF GRANT FROM FLORIDA INLAND NAVIGATION DISTRICT FOR KNOWLES PARK PROJECT: Approve a project agreement with the Florida Inland Navigation District (F.IoN.D.) under the Waterways Assistance Program and accept grant funding for the boat ramp and restroom project at Knowles Park, with F.I.N.D. to reimburse the City 50% of construction costs in an amount not to exceed $77,261, with funding from 334-4179-572-63.90. 8.B. INDEMNIFICATION AGREEMENT AND HOLD HARMLESS/FIREARM TRAINING FACILITY: Approve an indemnification agreement and hold harmless wherein the City agrees to indemnify and hold harmless Palm Beach County and the Sheriff of Palm Beach County to allow City employees the use of the Sheriff's Office firearm facility for training purposes. 8.C. AGREEMENT FOR CONSTRUCTION OF WATER MAIN/DELRAY OCEAN ESTATES NORTH: Approve an Agreement for Construction of Water Main at Delray Ocean Estates North wherein the City agrees to be the named permit applicant for water main construction activity within Florida Department of Transportation (FDOT) right-of-way for State Road A1A. 8.D. AMENDMENT TO LEASE AGREEMENT/FLORIDA EAST COAST RAILWAY COMPANY: Approve an amendment to the lease agreement with the FEC Railway to reduce the number of leased parcels from six to four, together with a commensurate reduction in the annual rental fee. 8.E. AMENDMENT #1 TO CENTER BASED CHILD CARE AGREEMENT WITH THE SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve Amendment #1 to the Center Based Child Care Agreement with the School District for the City to provide child care services at Pompey Park, the Community Center and the Delray Full Service Center. 8.F. AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL (CSC) FOR THE AFTER SCHOOL PROGRAM: Approve an agreement with the Children's Services Council of Palm Beach County which provides for reimbursement to the City from the CSC of up to $90,189 for the Parks and Recreation After School Program for the period October 1, 1997 through September 30, 1998. 8.G. RESOLUTION NO. 77-97: Adopt a resolution approving execution of an interlocal agreement to expand membership of the Metropolitan Planning Organization to include an additional voting representative for Palm Beach County. The caption of Resolution No. 77-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT TO EXPAND MEMBERSHIP OF THE METROPOLITAN PLAN- 3 10/07/97 NING ORGANIZATION TO INCLUDE AN ADDITIONAL VOTING REPRESENTATIVE FOR PALM BEACH COUNTY. (The official copy of Resolution No. 77-97 is on file in the City Clerk's Office.) 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Historic Preserva- tion Board during the period September 22 through October 3, 1997. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Physio-Control Corporation, sole source provider, for six (6) LifePak 11 Cardiac/ Defibrillator units at a total cost of $90,024, with funding from 334-6112-519-64.90. Mr. Egan moved to approve the Consent Agenda as amended to include the City Attorney's comments with respect to Item 8.B., 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: Mr. Scb_midt 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. 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECI- SION: Consider an appeal of SPRAB action with respect to a minor site plan modification to reconfigure the parking lot at the Boy's Farmers Market, located on the east side of Military Trail, approximately 2,100 feet north of Atlantic 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. Paul Dorling, Principal Planner, representing City staff, entered into the record the Planning and Zoning Depart- ment's File #97-179 and a listing of pertinent documents within that file. Mr. Dorling stated that the applicant submitted a site plan modification request to pave the northern part of The Boy's Market property in response to a Code Enforcement citation. This portion of the site had been used as an unimproved parking surface for roughly the last two years after the opening of the newly constructed facility. In reviewing this development proposal, staff reviewed the operation of the existing parking lot and saw this as an opportunity to make adjustments in its -4- 10/07/97 design to help eliminate the existing backup of traffic which sometimes extends hundreds of feet south on Military Trail. In reviewing the existing on-site parking lot, staff found that the backup was caused in part due to the on-site circulation pattern. To provide better traffic circulation on the site, staff recom- mended some minor modifications to the site which would require customers to enter further into the site before providing on-site circulation options. The design would allow vehicles on Military Trail to enter this site quicker than the current parking lot design. The applicant is appealing this minor modification requested by staff and supported unanimously by the Site Plan Review and Appearance Board. The applicant's reasons for oppos- ing the improvements is a belief that the new parking lot and directional signage will alleviate the current backup, along with concerns about the cost, site disruption and the loss of six parking spaces. In addition, the applicant feels that since the City approved the plan, no modification should be required. In rebuttal, Mr. Dorling stated that the intensity of the site was underestimated. The facility has become extremely popular and, as a consequence, very congested. It is obvious that the current on-site circulation is in need of modification. Mr. Dorling noted that there have been forty (40) reported accidents on or adjacent to The Boy's Market site in the last eighteen months. The introduction of additional parking will not alleviate this current problem as this parking area has existed and been utilized on an unpaved surface since the facility opened. In closing, Mr. Dorling stated that to take the position that existing deficiencies should not be addressed because the site was previously approved is to ignore the existing condi- tions, their adverse impacts and the opportunity to mitigate them. Nancy Stroud, attorney representing the own- ers/appellants Anthony and Elizabeth Fanelli, stated that the modification that was requested was to construct an additional 66 parking spaces on the site and associated landscaping for those spaces. The modification also involves approval of two coolers and a shed. Neither the staff nor the Site Plan Review and Appearance Board had any problems with the modifications that were applied for. Ms. Stroud stated that the applicant's repre- sentative, Mr. Gerald Church, had worked out some changes to the original request with staff and all parties agreed to these changes. The one thing that the applicant does not agree to is the additional condition of approval imposed by SPRAB to recon- figure the existing parking lot. Ms. Stroud then stated the reasons for the appeal. First, the applicant contends that this condition is not reasonably related to the site plan modification that was requested. That was a minor site plan modification to expand the parking into an area that is now only shellrock and to create permanent spaces there, with a few temporary spaces on the northeastern side. The creation of these new parking spaces do not create the need to change the existing parking lot. The new parking spaces do not negatively impact the existing parking lot. Not only does the existing parking lot meet the City code, but it was awarded a design award in 1994. -5- 10/07/97 Ms. Stroud continued that the applicant realizes there is a traffic congestion problem on the site. However, the applicant feels this problem will be addressed by the site plan modification which was requested and does not warrant the tearing up of the existing parking lot and rebuilding it. In addition, the cost of rebuilding the existing parking lot would be signifi- cant. Finally, the design that has been suggested by staff has no better guarantee of reducing the traffic congestion than the design that the applicant's professional engineer has provided. In fact, the design that has been suggested by staff and approved by the Site Plan Review and Appearance Board would eliminate six parking spaces, would reduce pedestrian access, and would block an aisle that allows through traffic to go through the site and alleviate congestion. At this point, Ms. Stroud introduced Mr. Gerald Church, P.E., the applicant's professional engineer, and entered into the record Mr. Church's resume. In response to a question from the City Attorney, Ms. Stroud stated that Mr. Church is not a traffic engineer although his experience has been to review these kinds of site plan applications and their impacts. Gerald Bo Church, P.E., stated he is a civil engineer, registered in the State of Florida. He then reviewed the pro- posed modification to the The Boy's Farmers Market site, noting that the success of the business has generated substantially more traffic than theoretically a shopping center would generate. He explained the measures which had been taken on-site to alleviate the traffic conditions, including the proposal to install a parking lot on the north side of the property. With this new parking, nearly three times the amount of parking required by City code for this type of business is being provided and it is felt that the site will be more accessible and readily useable. Concerning the City's proposed reconfiguration of the existing lot, Mr. Church noted this plan would eliminate the pedestrian aisle through the middle of the parking lot which takes away a safety feature of the original design. Also, the City's plan will force 50% more traffic will be coming along the front two aisles right in front of the store. Six parking spaces will be lost and, finally, the cost of reconfiguration will be substan- tial. In closing, Mr. Church stated that the plan proposed by the applicant to provide substantially more parking will improve the congestion and address the traffic problems on the site, without the need to reconfigure the existing lot. At this point, Ms. Stroud asked Paul Dorling if he is a registered professional engineer or a traffic engineer? Mr. Dorling stated that he is a certified planner, not a certified engineer. Ms. Stroud then asked Mr. Dorling if the only unre- solved issue in this case the requirement that the existing parking lot be reconfigured? Mr. Dorling stated that the appli- cant has agreed to all other conditions. Ms. Stroud entered into the record the following: (1) Resume of Gerald B. Church, P.E.; (2) Letter dated July 29, 1997, to Mr. Church from Mr. Costello re The Boy's Farmers Market Minor -6- 10/07/97 Site Plan Modification - Project Transmittal Letter; (3) Mr. Church's response of August 28, 1997, to Mr. Costello; (4) Staff Report for Site Plan Review and Appearance Board Meeting Date of September 17, 1997; (5) Letter dated September 26, 1997, from the City Clerk to Mr. Gerald Church acknowledging the appeal; (6) the agenda package regarding this item for tonight's meeting; (7) a copy of the design award presented to Mr. Fanelli; and (8) copies of the four exhibits Mr. Church referred to in his presentation this evening. At this point, Mr. Dorling questioned Mr. Church. He asked if Mr. Church was aware that the stacking distance referred to in the Land Development Regulations represents the minimum stacking distance required? Mr. Church replied in the affirma- tive, but qualified his response by pointing out that there are two driveways to access the site. Mr. Dorling then asked Mr. Church if he was aware that the pavement directional markings shown on the plan and intended to alleviate the on-site conges- tion were part of the original approval and the applicant took it upon himself to change the on-site directionals because the design was not working? Mr. Church acknowledged this situation. He further stated, however, that the applicant feels the addi- tional parking proposed to be provided will be adequate to solve the problem. On question from Ms. Stroud, Mr. Church stated that at the time the project was planned, designed and originally ap- proved by the City, there was sufficient parking and stacking distance to meet the City code based on the use that was pro- posed. As previously stated, no one expected the business to be as successful as it is or to generate the amount of traffic that it does. The following individuals spoke in opposition: Richard Eckerle, speaking on behalf of Progressive Residents of Delray, stated that P.R.O.D. believes that the staff recommendation should be supported by the City Commission. The traffic situation at The Boy's Farmers Market is extremely hazardous and the staff recommendation may help to alleviate the problem. Helen Coopersmith, High Point resident, reiterated that the traffic situation at the market is a nightmare. It desper- ately needs to be rectified and the staff has made a proposal that may help. She urged the Commission to deny the appeal and uphold the decision of the Site Plan Reiew and Appearance Board as being the most reasonably correct and safe approach to fix the problem. There being no one else who wished to give testimony on this item, the public hearing was closed and the matter was put to the City Commission for questions. Mayor Alperin asked under what authority or ordinance the staff was requesting the reconfiguration of the existing parking lot? Mr. Dorling stated that the request was for a site plan modification and the traffic situation was identified as a -7- 10/07/97 safety issue to be resolved as part of the modification. Upon question from the City Attorney, Mr. Dorling stated that the circulation pattern currently existing on the site is a modified pattern which the applicant implemented and which is inconsistent with the site plan as originally approved. At this point, Ms. Stroud made her closing remarks. She stated the appellant's position is that there has not been competent engineering to support the request for reconfiguration of the existing lot, and there is not a reasonable relationship between the minor site plan modification to extend the parking on the northern part of the site and the condition to change the entire southern parking area. While it is true that the appli- cant had at one point changed the driveway configuration, that is being returned to the originally approved two-way configuration. The parking is being expanded to provide more than double what is required by the City code. Ms. Stroud asked that the City Commission approve the appeal and not require the reconstruction of the southern lot. Paul Dorling, Principal Planner, made his closing remarks. He stated that the parking lot configuration as re- quested by staff was reviewed by the Technical Advisory Committee which is made up of development staff, including the City Engi- neer. The suggested configuration was supported by the City Engineer. With respect to the elimination of the pedestrian access system, Mr. Dorling noted that this same type of access could be accommodated in a similar manner with the reconfigured parking lot but would result in the loss of two additional parking spaces which is not desired by the applicant. Mr. Dorling then submitted into evidence an accident report provided by the Delray Beach Police Department, indicating 40 reported accidents within an eighteen month time period. On question from Ms. Stroud, Mr. Dorling stated that the report submitted into evidence is not detailed enough to tell where on or nearby to the site the accident occurred, what type of accident is was, whether it involved any kind of injury or whether it was a minor acci- dent. Discussion by the Commission followed. Mr. Egan stated that he felt the safety aspect was the most compelling issue. It is in this interest that staff has recommended the condition to reconfigure the existing lot. On this basis, Mr. Egan moved to deny the appeal and uphold the action of the Site Plan Review and Appearance Board, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 1 vote. Prior to roll call, Mayor Alperin stated that by adding the additional parking on the site, there is increased potential for more traffic entering and exiting the site, thereby changing the overall impact. He felt this was justification for requiring a change in the existing design since the entire site will be impacted by the addition. At this time, Mr. Schmidt returned to the dais. -8- z0/07/97 9.B. SERVICE AUTHORIZATION #2/DIGBY BRIDGES MARSH & ASSOCI- ATES (TENNIS CENTER TICKET OFFICE BUILDING): Consider approval of Service Authorization #2 in the amount of $10,200 to Digby Bridges Marsh & Associates for preparation of construction documents for the Tennis Center ticket office building, and not-to-exceed $2,000 for reimbursable expenses; with funding in the total amount of $12,200 from 334-4125-572-62.10. The City Manager presented a sketch of the proposed structure which includes a ticket office and office facilities for events taking place at the Tennis Center. It will be located on the front corner of the Community Center site. Staff feels it is very important to get the ticket facility in place as quickly as possible. The present intention is to get the facility designed, bring it to the City Commission as an addition to the City Hall contract with O'Connor & Taylor, and have it built and ready before the Nuveen tournament starts in February, 1998. On question from Mayor Alperin as to the funding, the City Manager explained that the City sold bonds to finance the City Hall envelope project. The bids for the envelope project came in a little bit lower than what the bond issue was sold for, so there is money from that issue available to do this work. Mr. Ellingsworth moved to approve Service Authorization #2 in the total amount of $12,200 with Digby Bridges Marsh & Associates, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. Prior to roll call, Mayor Alperin stated that he has previously expressed his concerns about how this project is being approached and he will not vote in favor of it. At this point, the time being 7:30 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A.1. ORDINANCE NO. 41-97: An ordinance amending Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations to provide for performance standards and increased requirements for recreational amenities. 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. 41-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.6(A), "PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE 9 10/07/97 DISTRICT; AMENDING SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO PROVIDE FOR COMPLI- ANCE WITH PERFORMANCE STANDARDS IN ORDER TO EXCEED THE BASE DENSITY, AND TO PROVIDE INCREASED REQUIREMENTS FOR RECREATIONAL AMENITIES; ENACTING SUBSECTION 4.4.6(I), "PERFORMANCE STANDARDS" TO PROVIDE FOR SAID STANDARDS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-97 is on file in the City Clerk's Office.) 10.B.2. ORDINANCE NO. 42-97: An ordinance amending Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations to provide for performance standards and increased requirements for recreational amenities; and amending Section 4.3.4, "Base District Development Standards", to provide increased minimum square footage requirements for dwelling units in the RM zoning district. 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. 42-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.6(A), "PURPOSE AND INTENT" TO CLARIFY THE INTENDED GOAL OF THE DISTRICT; AMENDING SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO PROVIDE FOR COMPLI- ANCE WITH PERFORMANCE STANDARDS IN ORDER TO EXCEED THE BASE DENSITY, AND TO PROVIDE INCREASED REQUIREMENTS FOR RECREATIONAL AMENITIES; ENACTING SUBSECTION 4.4.6(I), "PERFORMANCE STANDARDS" TO PROVIDE FOR SAID STANDARDS; AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE INCREASED MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR DWELLING UNITS IN THE RM ZONING DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-97 is on file in the City Clerk's Office.) The City Attorney read the captions of both ordinances. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Prior to opening the public hearing, Mayor Alperin clarified that the only difference between the two ordinances is the minimum square footage requirement for three and four bedroom -10- 10/07/97 units. Under Ordinance No. 41-97, there would be no change and the square footage requirement for a 3-bedroom unit would remain at 1,150 sq.ft, and a 4-bedroom unit would remain at 1,350 sq.ft. Under Ordinance No. 42-97, the minimum square footage requirement for a 3-bedroom unit would increase to 1,250 sq.ft., and to 1,500 sq.ft, for a 4-bedroom unit. Mayor Alperin declared the public hearing for both Ordinance No. 41-97 and Ordinance No. 42-97 open. Mrs. Jean Beer, 945 Tropic Boulevard, urged the Commis- sion to adopt Ordinance No. 42-97 which would increase the minimum square footage requirement for three and four bedroom units. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Randolph expressed some concern that the increased square footage requirement might be detrimental to the provision of affordable housing. By increasing the square footage the value is pushed up, possibly eliminating some opportunities for lower income families. Mayor Alperin stated that he would support Ordinance No. 42-97 requiring the increased square footage. For a family in need of three or four bedrooms, he felt that even the in- creased numbers are barely adequate to provide enough living space. Mr. Egan moved to deny Ordinance No. 41-97 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. Mr. Egan moved to approve Ordinance No. 42-97 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth 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 following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. In response to the inquiry at the last meeting about allowing a tow truck to be parked in a residential area, the City Manager stated that there is a procedure which allows residents or other interested parties to request a text amendment to the Land Development Regulations which is what this would require. The staff comment is that an amendment of this nature would raise aesthetic concerns relating to a potential proliferation of vehicles within the single family zoning districts. There is also concern about the aesthetic aspects of additional paved driveways or accessways which would be required if storage on the -11- 10/07/97 side or rear yards is contemplated. In view of this, it is doubtful there would be staff support for relaxing the current LDR regulations. However, the City Manager stated that the procedural information about how to go about requesting such an amendment would be passed along to Mr. Zuccala. ll.B. From the Public. ll.B.1. Jean Beer, 945 Tropic Boulevard, reported to the Commission that Palm Beach County is going through a growth management process and there has been extreme pressure to open up for development the Agricultural Reserve as well as the grove areas such as Mecca Farms, Jupiter Farms and the MacArthur Foundation property which is 14,000 acres. There will be ten growth management meetings in all. There are three groups; the first group is the redevelopment/revitalization group; the second is urban/rural/suburban; and the third is basically about how it is going to be paid for. As President of the Progressive Resi- dents of Delray (P.R.O.D.), Mrs. Beer was able to get Jim Stahl appointed as a member of the third group. Unfortunately, there are no developers interested in the redevelopment/revitalization group, but every developer in the county wants to be on group two or three. Mrs. Beer distributed information to the Commission about when each of the meetings will be held. She stated that Mr. Richard Eckerle has signed up as an interested party, and anyone who is interested may do so as well. As an interested party, material will be forwarded to you from the meetings, and interested parties are allowed to speak at the meetings. Mrs. Beer felt the City has a strong vested interest in these proceed- ings since what happens to our west will impinge on our roads and streets and at the very minimum we will pay for all of the children going to school. We may not have to pay for water and sewer line extensions, but there will be other costs that City taxpayers will have to take up. She urged the City Commission to keep track of what is going on in this regard. On question from Mayor Alperin, Paul Dorling, Principal Planner, stated that a representative from the Planning Depart- ment will be attending the meetings. It was the consensus of the City Commission to instruct the City's representation at these meetings to emphasize the City's belief in the concept of Eastward Ho! and the redevelop- ment of the eastern areas, including the problems associated with schools in the eastern areas. The City of Delray Beach cannot support over-development in the western area of the community and the City Commission would like them to know that we are signifi- cantly concerned about this issue. We don't want them to forget about the people who are already here and have to deal with the mistakes that they may make in their decision-making process. Mayor Alperin thanked Mrs. Beer for keeping track of the County's activities and keeping the Commission informed. ll.B.2. Alice Finst, 707 Place Tavant, stated that she had recently taken the trolley tour of the West Settlers Historic District. One thing she noticed was that the kiosk sign at the corner of Atlantic Avenue and N.W. 1st Avenue contains advertis- -12- 10/07/97 ing that is long out of date and suggested that more current events should be advertised and kept up with. Mrs. Finst also stated that the Frances Bright Park continues to be overgrown and generally looks unattended. She has commented on this before and nothing seems to be done on a long term maintenance basis. Further, N.W. 5th Avenue appears to be badly neglected with the trees that were planted in there now exeeding the size of the grates which surround them. She feels this is not only a dangerous situation for pedestrians which poses potential liability for the City, but is also bad for the trees. Mrs. Finst stated she would like to see some sort of active plan for maintenance of the Frances Bright Park. ll.B.C. Joe Kamarota, Tropic Palms Homeowners Association, stated that the curb at Lindell Boulevard and Federal Highway at the entrance to the development is all broken up and asked if something could be done to make it look a bit better. Also, when the grass in the median on Lindell is cut by the City, an edger is not used and the yellow line is gone. Mr. Kamarota asked if this could be fixed. On the north end of Eagle Circle, there is a flooding problem when there is a heavy rain. The City did a great job of fixing a similar problem at the south end of this same road. Lastly, Mr. Kamarota asked about the name of the park that is going to be located at the corner of Curlew Road and Albatross Road, adjacent to the Leon Weekes property. In re- sponse, the City Manager stated that these two lots will be part of the Leon Weekes Environmental Preserve. 12. FIRST READINGS: 12.A. ORDINANCE NO. 43-97: An ordinance amending Section 4.3.4(J) (1), "Height", Section 4.3.4(K), "Development Standards Matrix", and Appendix "A", "Definitions", of the Land Development Regulations to implement the recommendations of the Large Home Task Team. If passed, a public hearing will be scheduled for October 21, 1997. The City Manager presented Ordinance No. 43-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4(J) (1), "HEIGHT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE FAMILY HOMES WEST OF AlL; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL SINGLE FAMILY ZONE DISTRICTS, AN INCREASED SETBACK REQUIREMENT FOR SECOND AND THIRD FLOORS IN THE R-1AAA, R-iAAA-B, R-1AA-B AND R-1AA ZONE DISTRICTS, AND EXCEPTING PROPERTIES LOCATED EAST OF STATE ROAD AlL FROM THESE CHANGES; AMENDING -13- 10/07/97 APPENDIX "A", "DEFINITIONS", TO ADD A DEFINI- TION FOR "FLOOR AREA (GROSS)" AND FOR "FLOOR AREA RATIO (FAR)"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the proposed ordinance, with the caveat that certain language in the draft caption may not be included in the final version depending on the action taken by the City Commission. Mayor Alperin opened the floor for public comment. Speaking from the audience were the following: Dominic Desiderio, 1000 White Drive, expressed concern regarding the proposed new restrictions on home building in Delray Beach. He stated his position that the City should not change or enact any further restrictions on building heights, floor area ratios, setbacks and so forth, for either the oceanfr- ont or the beach area whether east or west of State Road A1A. Mr. Desiderio stated that his home on White Drive is adjacent to a large home now under construction. If he were to rebuild, he would want his new home to be compatible with the home that is being built next door. He would want the same property rights and restrictions which his neighbor has received. He felt that the proposed new restrictions would deny him and other residents of the City the ability to meet these standards and deny them their property rights. Frank McKinne¥, 610 North Ocean Boulevard, stated that he was a member of the Large Home Task Team and briefly reviewed the process and outcome of the task team's deliberations. Given the broad representation and parochial interests of the member- ship, Mr. McKinney felt that the final recommendation of the Large Home Task Team (which was passed by a vote of 8 in favor and 2 against) sends a very strong message to the City Commis- sion. Speaking on behalf of the Oceanfront Property Owners Association, Mr. McKinney explained that this association was formed last summer to deal with issues that specifically relate to the residential properties that front on the Atlantic Ocean. The position of the Oceanfront Property Owners Association is that the Commission should support the recommendation of the Large Home Task Team. Nilsa McKinney, 610 North Ocean Boulevard, urged the City Commission to take into consideration the time and effort put into the recommendation formulated by the members of the Large Home Task Team. There being no one else who wished to address the Commission, Mayor Alperin closed the floor to public comment. At this point, Mr. Ellingsworth moved to approve Ordinance No. 43-97 as drafted to incorporate the recommendation from the Large Home Task Team, seconded by Mr. Egan. Discussion by the Commission followed. -14- 10/07/97 Mayor Alperin clarified that there are basically three options which have been presented. The first option is to accept the Large Home Task Team's recommendation which includes the establishment of a .40 floor area ratio (FAR), modification of the definition of height (35 feet to the highest point of the roof), the addition of a definition for 'floor area ratio' and 'gross floor area', and the exempting of properties east of A1A from all of the regulation changes. The second option is the Planning and Zoning Board's recommendation which includes the establishment of a .40 FAR, modification of the definition of height (35 feet to the highest point of the roof), the addition of a definition for 'floor area ratio' and 'gross floor area', an additional five foot (5') setback for the second and third floors of homes located in the R-iAAA, R-iAAA-B, R-1AA and R-1AA-B zoning districts, and the exempting of properties east of A1A from all of the regulation changes. It was noted that the Exhibits "A" and "B" to Ordinance No. 43-97 labeled 'Large Home Task Team Recommendation' should have been labeled 'Large Home Task Team Recommendation as modi- fied by the Planning and Zoning Board' The third option is the Planning and Zoning staff proposal which would include some or all of the recommendations of the Planning and Zoning Board, modified to apply the addition- al five foot (5') setback in the R-iAAA, R-iAAA-B, R-1AA and R-1AA-B zoning districts for second and third floors only to homes having a .35 or greater FAR, and the adoption of the FAR definition to require areas which are fifteen feet (15') or higher to be counted as double square footage. For clarification, Mayor Alperin pointed out that the motion on the floor is to accept the recommendation of the Large Home Task Team, or the first option. Mayor Alperin then questioned the exemption of chimneys and cupolas from the maximum height cap of 35 feet, and asked if there is to be any restriction on the height of these features? Paul Dorling, Principal Planner, stated that there is no height limit in the Land Development Regulations for chimneys or cupolas under the current language. Upon further discussion, the City Manager recommended that the Commission refer the issue of chimney and cupola height back to staff for additional research. At this point, Mr. Ellingsworth withdrew his motion. Mr. Egan withdrew his second. Discussion ensued concerning the side setback issue. Mayor Alperin stated he would like to see the increased setbacks and the ceiling height limited to under 15 feet unless beyond that is double-counted as floor area. Also, the Mayor felt that a .40 FAR was pretty generous and he would give consideration to reducing it somewhat. Mr. Schmidt then expressed concern about how an in- creased setback requirement for second stories might impact the older lots in town, especially in the R-1AA district. He cited as an example a house currently under construction on N.E. 16th -15- 10/07/97 Street between Seacrest Boulevard and Swinton Avenue, where the back half of the structure is two stories. He questioned if a second floor has to take up the entire floor area to be consid- ered a second story, or would the house in question be considered to have a second story in the traditional sense? If the latter is true, he was concerned that the proposed increased setback regulations would make the house unbuildable and that is not what the Commission is trying to accomplish. Mr. Dorling responded that the example cited would be considered a second floor. In the Planning staff's recommenda- tion there is an option to only apply the second story setback to houses which exceed a floor area ration of .35. Staff was concerned about the number of existing homes that would be made non-conforming, and there was also a concern with respect to the setback implications on architectural style. You are almost promoting a stepped back feature to each house unless someone wanted to step back the entire structure to that increased setback. This would not be a problem with larger lots, but it could be severely restrictive with respect to smaller, thinner lots. The City Manager felt Mr. Schmidt's concern about additions to existing homes would have to be addressed in some manner. Mr. Schmidt felt it would be important for people to know up front what they could or could not do with a particular piece of property in terms of additions or design. At this point, the Commission reviewed the proposed regulations on an item by item basis for a determination of consensus on each issue, as follows: (1) The establishment of a .40 FAR for all single family zone districts. It was the majority consensus of the Commission to support this recommendation. (2) A maximum height of 35' to be measured to the highest part of the roof versus the mean (except for chimneys and cupolas). It was the majority consensus of the Commission to remand the question of chimney and cupola height to staff for additional research, with direction to consider a maximum addi- tional height of five feet over the maximum roof height for a chimney or cupola. (3) As to the definition of floor area, it was the majority consensus of the City Commission to accept the defini- tion of floor area as recommended by the Large Home Task Team. (4) With respect to an additional 5' setback require- ment for second and third floors in the R-iAAA, R-iAAA-B, R-1AA and R-1AA-B single family zoning districts. Mr. Schmidt stated that he has a problem with the application of such a regulation in the R-1AA district. There are too many older as well as historic homes in that zoning district that the potential is there for a negative impact. Mr. Egan concurred with Mr. Schmidt that he did not have a problem with the increased setback on larger lots, but felt the R-1AA district should be eliminated. 0/07/97 Mayor Alperin asked staff to provide to the Commission by the next meeting some models of what these restrictions would do and what they would look like on R-1AA lots. He also suggest- ed that the ordinance be drafted in such a way that the R-1AA zone district could be dropped if that is appropriate. (5) It was the consensus of the City Commission to support the recommendation that the new regulations not apply to properties on the east side of A1A. (6) With respect to the staff proposal to apply the additional setback requirement for second and third floors only to homes having a .35 or greater FAR, it was the consensus of the Commission not to support this proposal at this time. (7) With respect to the staff proposal for the adop- tion of the FAR definition to require areas which are 15' or higher to be counted as double square footage, it was the majori- ty consensus of the Commission not to support this proposal. Mr. Schmidt moved to DENY Ordinance No. 43-97 on FIRST Reading, seconded by Mr. Randolph. 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 returned to Item 9.C. on the Regular Agenda. 9.C. ALTERNATIVE PROPOSAL FOR RESURFACING THE CAMINO REAL HOTEL AND THE CITY'S NORTH PARKING LOTS: Consider a proposal from Ocean Properties concerning resurfacing of the City's and the hotel's parking lots. The City Manager explained that he had received this inquiry from Mr. McMurrain at Ocean Properties. They would now like to do all of the hotel's parking in brick and have asked if the City would consider having them do our part of the parking lot in brick also in exchange for reducing the payment that Ocean Properties would make to the City for the access easement. After discussion, Mr. Schmidt moved to deny the offer from Ocean Properties and direct staff to renegotiate the payment from Ocean Properties for the access easement at a figure closer to $75,000 which was the amount originally discussed, 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.D. PARKING MANAGEMENT TEAM/CITY COMMISSION WORKSHOP: Consider a request from the Parking Management Team to schedule a workshop with the City Commission on October 28, 1997. The City Manager reported that since the agenda packet was sent out, staff had an agenda prep meeting on Monday, October 6th, for the scheduled workshop on October 14th. There is only one item for the meeting, so the staff recommendation is that the -17- 10/07/97 October 14th meeting be cancelled and that the workshop be held on October 28th instead, if this can be accommodated by the City Commission. Otherwise, perhaps the CRA/Parking Management Team could wait until November 11, 1997, which would be the next regularly scheduled work session. Mayor Alperin indicated that he would probably not be able to attend on October 28, 1997, due to a conflict with a professional commitment. After discussion, it was the consensus of the City Commission to cancel the workshop scheduled for October 14, 1997, and schedule a work session for Tuesday, October 28, 1997. 9.E. HOLIDAY OPERATING SCHEDULE FOR CITY HALL: Provide direction concerning the City Hall operating schedule for the Christmas and New Year's holidays. It was the consensus of the City Commission to close City Hall on Friday, December 26, 1997, with employees using vacation time for this additional day off. It was the further consensus that City Hall be open for business on Friday, January 2, 1998. 9.F. GARLANDS V. CITY OF DELRAY BEACH: Consider a settle- ment proposal in the referenced matter. Mr. Schmidt moved to deny the settlement proposal in the matter of Garlands v. City of Delray Beach, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (subcontractor) to the Code Enforcement Board to fill an unexpired term ending January 14, 2000. The appointment will be made by Mayor Alperin. Mayor Alperin stated that he wished to appoint Robert McDonald as a regular member (subcontractor) to the Code Enforce- ment Board, provided staff is comfortable that Mr. McDonald is taking the necessary steps to correct the landscape violations against him. The City Manager stated staff is comfortable the issue will be resolved. On behalf of Mayor Alperin, Mr. Randolph moved to appoint Robert McDonald as a regular member (subcontractor) on the Code Enforcement Board to fill an unexpired term ending January 14, 2000, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. -18- 10/07/97 The City Manager informed the Commission that another team of City personnel will be attending the Emergency Management Institute in Emmetsburg, Maryland for the hurricane course. The session is scheduled for the week of November 17-21, 1997. The Federal Emergency Management Agency pays all expenses. Mr. Harden invited a member of the City Commission to attend if any one of the Mayor or Commissioners would be interested in doing so. No member of the Commission was able to make a commit- ment to attend at this time. In response to Mayor Alperin's prior inquiry about the blue building on Lake Ida Road, the City Manager reported that staff has been in contact with the property owner's attorney, Roger Saberson, several times following up on the conditions imposed by the Code Enforcement Board. The items required to be addressed were (1) to discontinue all parking in the front yard setback of the property, (2) to submit required plans and permit application for placement of dumpster enclosure, (3) to submit required plans for improved parking lot on west side of the building, and (4) to remove and eliminate the storage of aban- doned vehicles and all outside storage of materials. Mr. Saber- son was contacted most recently on Friday, October 3rd, when he stated that he had a scheduled meeting with the owner on Monday, October 6th, to address the status of these items. Mr. Saberson did not know why the plans for the dumpster and parking lot had not been submitted since the owner appeared to be in a hurry to put these improvements in place. Staff is prepared to take this case back to the Code Enforcement Board if the owner does not proceed with due diligence. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Eqan inquired about who does the servicing of garbage cans at the beach on Sunday evenings or Monday morn- ings? He commented that after this weekend there was garbage overflowing from the receptacles, especially at the north end of the beach. 13.C.2. Commissioner Ellingsworth had no comments or inquiries. 13.C.3. Commissioner Randolph had no comments or inquiries. 13.C.4. Commissioner Sckmidt asked if the park behind Plumosa Elementary School is a City park? The City Manager replied in the affirmative. It is part of the school grounds, but the City has a joint use agreement with the School District. Mr. Schmidt stated that the park seems to get quite a bit of use, but there are no garbage cans on the site. As a result, a lot of trash gets dumped there. He asked if the Parks Department would see to it that some trash cans are put on the property. 13.C.5. Mayor Alperin had no comments or inquiries. -19- 10/07/97 There being no further business, Mayor Alperin declared the meeting adjourned at 8:50 p.m. - city~rk 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 October 7, 1997 which minutes were formally approved and adopted by the City Commission on ~~ ~/. /~7 ! NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -20- 10/07/97 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IANI ',,AMI IlrXl %~MI MIDI)II %&MF NAMEOI- BOARD,('OUNCII.,COMMINNION. AU1HOI(I1Y. ORCOMMII'IEE ' M All I~(i ~I)DRI ~ '111F ~)ARI). ~Ot NC'II.. ('OM MISSIOn. AIJ~HORII~ OR COM MII~ EE Oh ~HICH I ~ERVE I~ A U~I1 OF: ~AM[ OF ~l.ITICAI. SUBDIVISION: I)A1 E Oh ~ Hli'H / WHO MUST FILE FORM 8B This form is for u.,e by an.,, person serxing at Ihe county, city, or other local level of go',ernment on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented v,'ith a ¥oting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the las' v.'hen faced ~.'ith a measure in which you have a conflict of interest will vary greatly depending on whelher you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the re~.erse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count.,,,, municipal, or other local public office MUST ABSTAIN from voting on a measure v, hich 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; WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording [he minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive count)', 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 tother 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. CE FORM I,:B. 161 PA~! IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally [he nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for.recording the minutes of the meeting, who 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) inurcd to m>' special prig. ate gain; or ~(~inured lo the special gain of ~~~ ~-~i/~::~/'~a~'~ ~'~."~(I ~ by,horn lam retained, (b) The measure before my agency and the nature of my interest in the measure is as follows: Date File~l '( 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 $5,0(X). CE FORM 118. I.~1 PAGE 2