04-13-04 MinutesAPRIL 13~ 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, April 13, 2004.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, Deputy City Clerk
2_ The opening prayer was delivered by Reverend Nancy McCarthy with St.
Paul's Episcopal Church.
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given.
The Pledge of Allegiance to the flag of the United States of America was
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AGENDA APPROVAL.
Mayor Perlman requested that Item 8.G., Interlocal
Agreement/Community Redevelopment Agency, and Item 8.P., Interlocal
Agreement/Community Redevelopment Agency of the Consent Agenda be moved to
the Regular Agenda as Item 9.L. and Item 9.M. In addition, Mayor Perlman requested
the addition of Item 7.D., Presentation by Sandy Simon.
Mrs. Archer moved to approve the Agenda as amended, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
March 11, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
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Mr. Costin moved to approve the Minutes of the Regular Meeting of
March 16, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to approve the Organizational Meeting of March 25,
2004, seconded Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve the Special Meeting of March 25, 2004,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to approve the Special Meeting of April 5, 2004,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
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PROCLAMATIONS:
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Bob Chapin - Old School Square
Mayor Perlman read and presented a proclamation hereby commending
and honoring ROBERT D. CHAPIN in recognition of his many accomplishments and
years of dedicated service to his community through Old School Square. Bob Chapin
came forward to accept the proclamation.
Joe Gillie, Executive Director of Old School Square, stated Mr. Chapin
has set the pace for the future with regard to the Master Plan and thanked the
Commission for its support of Old School Square.
Robert D. Chapin, stated the partnership between Old School Square, the
City of Delray Beach, the County, and the private sector is wonderful. Mr. Chapin stated
part of the strategic plan is the parking garage and thanked the Old School Square Board
of Directors. Mr. Chapin stated Old School Square hopes to build Florida's museum in
Delray Beach which will showcase Florida artists and various types of artistic expression
from Tallahassee to the Keys and from Jacksonville to Sanibel.
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Fair Housin~ Month - April 2004
Mayor Perlman read a proclamation hereby proclaiming April 2004 as
Fair Housing Month in the City of Delray Beach, Florida. Lula Butler, Director of
Community Improvement, came forward to accept the proclamation.
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6.C. Community Development Week - April 12-18~ 2004 and the
30thAnniversary of the Community Development Block Grant Program
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of April 12, 2004 through April 18, 2004 as Community Development Week in
Delray Beach, Florida. Lula Butler, Director of Community Development, came forward
to accept the proclamation.
6.D. Recognizing and Designating April 2004 as "Read Together Palm
Beach County Month"
Mayor Perlman read and presented a proclamation hereby proclaiming
April 2004 as Read Together Palm Beach County Month in the City of Delray Beach,
Florida. Lula Butler, Director of Community Improvement, came forward to accept the
proclamation.
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Month of the Young Child - April 2004
Mayor Perlman read a proclamation hereby proclaiming the month of
April 2004 as The Month of the Young Child in Delray Beach and encouraged all
citizens to recognize and support the needs of young children in our community. Mayor
Perlman noted that this proclamation will be mailed.
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Civility Month - May 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
May 2004 as Civility Month in Delray Beach and urged all citizens to exercise civility
toward each other. Susan Ruby, City Attorney, came forward to accept the proclamation.
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National Public Works Week- May 16-22~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of May 16, 2004 through May 22, 2004 as National Public Works Week in Delray
Beach, Florida. Dennis Kelly, Interim Director of Public Works, came forward to accept
the proclamation.
6.H.
Days of Remembrance - Holocaust
Mayor Perlman read a proclamation hereby proclaiming the week of
Sunday, April 18 through Sunday, April 25, 2004 as Days of Remembrance. Mayor
Perlman noted that this proclamation will be mailed.
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7. PRESENTATIONS:
7.A. Recognition and Presentation to Gordon Stanley for representing the
City during President Bush's visit
Mr. Levinson presented Gordon Stanley with framed articles regarding his
representation of the City during President Bush's visit.
Gordon Stanley with the Volunteer Homefront Security Program came
forward to accept his plaque and thanked the Commission, Chief Schroeder, Captain
Phillips, Officer Skip Brown, and his wife for making it possible to meet the President.
7.B. Delray Camera Club Awards - "Delray Beach - The Chan~in~
Scene"
Mayor Perlman presented each of the following winners from the Delray
Camera Club with a Certificate of Achievement:
FIRS T PLA CE
INTRACOSTAL AT NIGHT - Ted
Reich
SECOND PLACE
ROSE COTTAGE WINDOWS -
Ruth Razzetti
THIRD PLACE
AFFECTIONATE PARROT-
Marion Kofman
HONORABLE MENTION
BEACH SCENE WITH GULLS -
Doris Friedman
NANNY'S ATTIC - Sally Gottlieb
CASON COTTAGE - Ruth Razzetti
SKATEBOARDER - Bob Lindemuth
BUSCH'S AT NIGHT - Ted Reich
A representative from the Delray Camera Club expressed sincere
appreciation and thanks for the cooperation and support they have received from the City
and Nancy King, Staff Assistant/Publication Editor.
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Six Month Review of Business Recruitment Efforts - Randy Welker
Bill Wood, President of the Chamber of Commerce, stated on behalf of the
Chamber, he is pleased to be in partnership with the City and the Community
Redevelopment Agency (CRA) as they put a professional foot forward in their efforts to
attract business and do economic development in the City of Delray Beach.
Randy Welker, Business Recruitment Director, gave a brief presentation
of the target areas important for the City to concentrate on. Mr. Welker stated the City of
Delray Beach is being contacted by developers looking for office locations and
opportunities. He stated he is focusing on office and retail. In addition, Mr. Welker
expressed concern over the shopping centers throughout town.
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Mr. Levinson commented about the "big box" retailers (i.e. Costco) which
moved and the City had no influence in what was brought in. He suggested that when the
"big box" retailers relocate that the City work with the real estate community as like with
the Office Depot site.
Mayor Perlman expressed concern over Scripps and whether the City
should be doing something to position ourselves with Scripps. Mr. Welker stated there
has been discussion about contacting the pharmaceutical companies who are going to be
the ones that create the products that Scripps develops. He stated we need to start
identifying those companies so that they will look to this particular area. Mr. Welker
stated if the City can get a regional headquarters from one pharmaceutical company, then
the City will be extremely successful.
Mayor Perlman stated the Delray Affair marked the end of the season and
asked if we are now more of a year-round economy rather than a seasonal economy. Mr.
Welker stated the townhomes are changing the market from a seasonal economy to a
year-round economy and this consists of a lot of relationship building.
Mr. Costin asked if the City has the potential labor pool to support the
growth the City is hoping for. Mr. Welker stated Scripps changes the notion that Florida
does not have the labor pool. In addition, Mr. Welker stated the Business Journal
recently talked about the City of West Palm Beach having the third highest job growth
rate in the country.
Mrs. Archer asked what Mr. Welker's opinion is with attracting additional
"big box" retailers. Mr. Welker stated there is no land available for the "big box"
retailers unless a shopping center is torn down.
Brief discussion continued between the Commission and Mr. Welker.
Mayor Perlman stated he attends the Development Co-op meetings when
his schedule allows; however, the rest of the Commission does not have the opportunity
to attend. Therefore, Mayor Perlman suggested that this item be placed on a Workshop
agenda every six months so that the entire Commission can be involved in the discussion
of Mr. Welker's efforts.
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Sandy Simon - Book entitled "A Stroke of Genius"
Sandy Simon asked the Commission to consider passing a resolution
supporting House Bill 889 and Senate Bill 1590 for the "Florida Stroke Act" which will
allow eligible hospitals to become certified stroke treatment centers. In addition, Mr.
Simon presented his award winning book "A Stroke of Genius" to the Commission.
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CONSENT AGENDA: City Manager Recommends Approval.
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8.A. RESOLUTION NO. 29-04/ABANDONMENT OF UTILITY
EASEMENT: Approve the abandonment of a portion of a twelve (12) foot utility
easement lying within Lot 6, Valencia Court Subdivision.
The caption of Resolution No. 29-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A 12' WIDE
UTILITY EASEMENT LOCATED WITHIN LOT 6,
VALENCIA COURT, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 29-04 is on file in the City Clerk's
office.)
8ogo
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/JOHN HOCK
ENTERPRISES: Approve and accept a right-of-way dedication associated with John
Hock Offices located on the west side of N.E. 1st Avenue between N.E. 3rd Street and
Lake Ida Road (N.E. 4th Street).
8.C. RESOLUTION NO. 33-04: Approve Resolution No. 33-04 and the Joint
Participation Agreement between the City and the State of Florida Department of
Transportation for the signalization of the intersection ofU. S. 1 and Tropic Boulevard.
The caption of Resolution No. 33-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE JOINT PARTICIPATION AGREEMENT FOR THE
DESIGN AND CONSTRUCTION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF US-1 AND
TROPIC BOULEVARD AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT.
office.)
8.D.
(The official copy of Resolution No. 33-04 is on file in the City Clerk's
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2004-
02: Formally initiate Comprehensive Plan Amendment 2004-02 pursuant to Section
9.2.1 of the Land Development Regulations.
8.E. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $16,367.40 to Henry L. Haywood (343 N.W. 4th
Avenue). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation
Grant).
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8.F. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $18,585.00 to allow the applicant to secure
new financing.
8.G.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.L.
8.H. RESOLUTION NO. 31-04 {STATE HOUSING INITIATIVES
PARTNERSHIP {SHIP} LOCAL HOUSING ASSISTANCE PLAN}: A resolution
adopting the Local Housing Assistance Plan for Fiscal Years 2004-2007 pursuant to the
State Housing Initiatives partnership (SHIP) Program.
The caption of Resolution No. 31-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING THE LOCAL HOUSING ASSISTANCE
PLAN PURSUANT TO THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS
ATTACHED HERETO; ESTABLISHING A
MAXIMUM COST PER UNIT, THE STRATEGIES
AND INCENTIVES OF THE PLAN, THE MAXIMUM
SHIP FUNDS ALLOWABLE FOR ASSISTANCE,
THE MAXIMUM SHIP FUNDS FOR
ADMINISTRATIVE EXPENSES; AUTHORIZING
THE NECESSARY CERTIFICATIONS BY THE
MAYOR AND AUTHORIZING SUBMISSION OF
THE PLAN TO THE STATE HOUSING FINANCE
CORPORATION; PROVIDING FOR AN EFFECTIVE
DATE UPON APPROVAL.
(The official copy of Resolution No. 31-04 is on file in the City Clerk's
office.)
8.1. RESOLUTION NO. 28-04: Approve Resolution No. 28-04 supporting
the "Florida Stroke Act" which will allow eligible hospitals to become certified stroke
treatment centers.
The caption of Resolution No. 28-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
SUPPORTING THE "FLORIDA STROKE ACT",
SPECIFICALLY HB 889 AND SB 1590 IN THE
CURRENT LEGISLATIVE SESSION.
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office.)
8.J.
(The official copy of Resolution No. 28-04 is on file in the City Clerk's
SERVICE AUTHORIZATION NO. l l.3/ROBERT G. CURRIE
PARTNERSHIP~ INC.: Approve Service Authorization No. 11.3 to Robert G. Currie
Partnership, Inc. in the amount of $14,950.00 for additional design services required in
the development of the site plan for the Intracoastal Park. Funding is available from 334-
4174-572-63.90 (General Construction Fund/Intracoastal Park).
8.K. ADDENDUM NO. 1/ENGINEERING CONSULTING
AGREEMENTS: Approve Addendum No. 1 to the Engineering Consulting Agreements
to clarify Section III, "Duties of Consultant", of the Service Authorization, itemizing and
describing their duties in detail.
8.L. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Approve and endorse the Art & Jazz on the Avenue scheduled for May 13, 2004 from
6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for
the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of
Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive
from Atlantic Avenue to N.E. 1 st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E.
1st Street, and authorize staff support for security and traffic control, banner hanging and
removal, barricade set-up/removal, trash removal and clean up assistance.
8.M. SPECIAL EVENT REQUEST/4th OF JULY: Approve a special event
request for the 4th of July Celebration event to be held from noon until 12:00 midnight,
including a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic
Avenue from the east side of N.E. and S.E. 7th Avenue to Ocean Boulevard, and from the
south side of Thomas Street to the north side of Miramar on Ocean Boulevard, waiver of
City Ordinances 101.25 and 101.32 to allow assembly on the beach and vendors on A1A;
and to allow all beach parking lots to remain open until midnight, staff support for
security and traffic control, street barricading, banner hanging, stage set up/use, and clean
up/trash removal.
8.N. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW AND
RACE: Approve a special event request for the Hot Air Balloon Glow to be held on
May 14, 2004 and the Hot Air Balloon Race to be held on May 15-16, 2004, granting a
temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue on
May 14, 2004 from A1A to Venetian between 3:00 p.m. and 11:00 p.m., and to allow
beach parking lots to stay open until 11:00 p.m. on May 14th, use of the City parking lot
at the Marriott for balloonists, and staff support for security and traffic control,
barricading, and signage preparation/set up, large stage set up/take down at Lake Ida for
the race, and trash removal for this event.
8.0. SPECIAL EVENT/5th ANNUAL HAITIAN FLAG DAY
CELEBRATION: Approve a special event request for the 5th Annual Haitian Flag Day
Celebration sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group to
be held on Sunday, May 23, 2004 from 2:00 p.m. until 8:30 p.m., including temporary
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use permit per LDR Section 2.4.6(H) for the use of Merritt Park, set up/removal of large
City stage, staff support for security, trash removal and clean up.
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THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.M.
8.Q. FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT
ACT GRANT: Approve the application for a matching grant for the Firefighter
Investment & Response Enhancement (FIRE) Act Grant for assistance with the cost of
overtime coverage to allow sixty (60) Hazardous Materials Technicians to attend several
training courses. City's required 30% matching portion is $86,184.00, with funding from
001-2315-526-14.10 (Fire Operation/Overtime).
8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period March 15, 2004 through April 9, 2004.
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AWARD OF BIDS AND CONTRACTS:
°
°
°
°
Bid award to Rust Off, Inc. in the amount of $25,600.00 for anti-
rust chemicals for the city irrigation system. Funding is available
from 119-4144-572-46.40 (Beautification Trust
Fund/Maintenance).
Bid award to Custom Property Services, Inc. at an estimated
annual cost of $17,063.00 for the landscape maintenance of South
Federal Highway and Congress Avenue. Funding is available from
119-4144-572-46.40 (Beautification Trust Fund/Maintenance).
Bid award to multiple vendors at an estimated annual cost of
$50,325.64 via the City of West Palm Beach Co-op Bid #02/03-20
for the purchase of liquid chlorine and calcium hypochlorite.
Funding is available from 441-5122-536-52.21 and 441-5144-536-
52.21. (Water/Sewer Fund/Chemicals).
Contract award to Ferguson Enterprises, Inc. in the amount of
$65,342.37 for pipe material purchase for water main
improvements on N.W. 11th Avenue and Lake Eden. Funding is
available from 442-5178-536-65.74 (Water and
Sewer/renewal/replacement/N.W. l0th Avenue/N.W. 11th
Avenue).
Purchase award to Kuhn Carpet and Tile in the amount of
$18,692.37 via the Florida State Contract #360-240-001 for
replacement flooring (porcelain tile) for the Police Department.
Funding is available from 334-6112-519-46.10 (General
Construction Fund/Building Maintenance).
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Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:55 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 23-04: An ordinance amending Chapter 53,
"Sanitary Sewers", of the City Code of Ordinances, amending Subsection 53.130(F),
"Wholesale Sewer Rates", to provide for rates and charges for wholesale users of the
City's sewerage system. If passed, a public hearing will be scheduled for May 4, 2004.
The caption of Ordinance No. 23-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 53.130(F), "WHOLESALE SEWER
RATES", TO PROVIDE FOR RATES AND
CHARGES FOR WHOLESALE USERS OF THE
CITY'S SEWERAGE SYSTEM; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-04 is on file in the City Clerk's
office.)
Mr. Costin moved to approve Ordinance No. 23-04 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior comment expressed by Mr. Smith about the
sidewalk on the south side of the Atlantic Avenue bridge at the west end where the
sidewalk meets the steps because of the difference in elevation of the sidewalk and the
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businesses, the City Manager stated staff will ask Florida Department of Transportation
(FDOT) to look into this since it is their issue.
With regard to comments expressed by Mayor Perlman regarding the
OSSHAD District, the City Manager stated the Planning and Zoning Department is
working with the CRA to investigate potential revisions to OSSHAD to protect the
district from overdevelopment.
With regard to comments expressed by Mrs. Archer regarding the length
of time for reconstructing the seawalls at the ends of N.E. 4th Street and S.E. 3rd Street,
the City Manager stated the original contract time for the project which includes
reconstruction of seawalls and provision of passive parks began on January 12, 2004 with
substantial completion on April 10, 2004. Both sites encountered unforeseen conditions
which required design changes to the project plans. At the N.E. 4th Street site, subsurface
rock was encountered that was not shown on pre-designed boring logs. At the S.E. 3rd
Street site, drainage design modifications were needed to provide a cost efficient
resolution to problems with elevations of discharge piping to the Intracoastal Waterway.
This resulted in delays of the construction project and is the reason residents may have
noticed a lack of activity for a period of time. The City Manager stated the current
revised project schedule shows seawall construction (piling and panel installation) to be
completed by April 16, 2004. Drainage revisions will then be constructed with the
project completion scheduled for April BOth.
With regard to a concern expressed by Mr. Costin about the traffic
congestion on Congress Avenue and Linton Boulevard, the City Manager stated at that
particular time he believes this was largely due to the double tracking construction and
the work they were doing on the signals. The situation is improving as construction
progresses, and the City is trying to keep an officer there more frequently until the entire
process is completed.
11.B. From the Public.
ll.B.1. Jay Slavim 2601 N.W. l0th Street~ Delray Beach (Rainberry Bay)~
commended the Commission and everyone involved who organized the Davis Cup. She
stated this was a spectacular event and the entire weekend was glorious for Delray Beach.
ll.B.2. Charlie Bonfield~ 220 MacFarlane Drive~ Delra¥ Beach~ suggested that
the City address the issue of motorized scooters, golf carts, and valets who are
skateboarding back and forth to valet park cars. Mr. Bonfield stated since more and more
young people are moving here there will be a need for more sidewalks and bike paths.
He urged the Commission to review the Pedestrian/Bicycle Task Force recommendations
and include this in the overall plan for the city.
Mr. Bonfield stated he lives in the same condominium development as
Sandy Simon and they have offered a program and taught 76 people how to use the
Automatic External Defibrillator (AED). Mr. Bonfield stated the next step is to look at
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stroke and see how to teach people to recognize if someone is having a stroke. He
commended the EMT's for the great job training they provided with regard to the AED's
and CPR.
Mr. Bonfield stated he spent thirty years developing pharmaceuticals. He
concurred with comments expressed by Mr. Welker about pharmaceutical companies to
relocate their offices here and house their executives here because he feels this would be
great for Delray Beach.
11.B.3. Luis Martinez~ 506 Southridge Road~ Delra¥ Beach~ speaking on behalf
of the President of the Southridge Homeowners' Association, he expressed concern over
the vacant areas in the front and back of the homes in his neighborhood that are not being
cut or maintained. He stated these areas need to be cleaned so that they can be free from
insects and animals.
Secondly Mr. Martinez expressed concern over the speeding in the area
and suggested that speed humps be installed in his neighborhood.
ll.B.4. Jim Smith~ 1225 S. Ocean Blvd. Delra¥ Beach~ stated everyone wants
Delray Beach to be a safe place for pedestrians and bicyclists. He stated the bicycle and
pedestrian crash report for last year is now available and reveals that Delray Beach has
had more bicycle crashes then any of the thirty plus communities in Palm Beach County
and ranks second in pedestrian crashes. Mr. Smith expressed concern over the unsafe
conditions for pedestrians walking west on the south side of Atlantic Avenue after they
cross the bridge and the sidewalk stops. Mr. Smith expressed concern over an unsafe
condition for bicyclists where a fatality occurred at Congress Avenue and S.W. l0th
Street. Mr. Smith urged the Commission to ask the County to put in bike lanes on a
known street that has many bicycle commuters who ride their bicycles to work. Mr.
Smith urged the Commission to file the application for State funding for a
Pedestrian/Bicycle Coordinator and set up a Volunteer Citizen's Board.
ll.B.5. Alice Finst, 707 Place Tavant, Delra¥ Beach, representing Progressive
Residents of Delra¥ (PROD)~ stated with regard to the request for Media Entertainment
Productions (USA), Inc. to donate land and cash in-lieu of parking fields, PROD feels the
City should reconsider the location of this land for this project and suggested the land be
used at other locations or left vacant. Mrs. Finst thanked Randy Welker, Business
Recruitment Director, for the business recruitment efforts that he presented this evening.
She stated that the land owned by the CRA is available and suggested other property
further west on Atlantic Avenue could accommodate the fifty (50) spaces needed for the
proposed parking for this land marked building. Mrs. Finst stated PROD feels Atlantic
Avenue (west) is a much better location than where it is currently proposed.
At this point, the time being 7:14 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 15-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Chapter 4,
"Zoning Regulations", Section 4.3.3(I), "Community Residential Home and Group
Homes" in order to correct an inconsistency created from recent LDR changes regarding
the terminology of residential and non-residential alcohol and drug abuse treatment
facilities. Prior to consideration of passage of this ordinance on Second Reading/Second
Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 15-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, CHAPTER FOUR, "ZONING
REGULATIONS", BY AMENDING SECTION
4.3.3(I), "COMMUNITY RESIDENTIAL HOME AND
GROUP HOMES", TO PROVIDE CONSISTENCY
THROUGHOUT THE LAND DEVELOPMENT
REGULATIONS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 15-04 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 compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated on February 3,
2004, the City Commission adopted an ordinance amending the City's Land
Development Regulations regarding Alcohol and Drug Abuse Treatment Facilities to
conform to the State's requirements under Chapter 397, Florida Statutes. In making these
changes, a reference to alcohol and substance abuse treatment facilities in LDR Section
4.3.3(I) was overlooked. The proposed amendment is to remedy the remaining
inconsistency in order to avoid confusion. Staff recommends approval of the ordinance
amending Land Development Regulations Section 4.3.3(I) "Community Residential
Home and Group Homes", based upon positive findings with LDR Section 2.4.5(M).
At its meeting of February 23, 2004, the Planning and Zoning Board held
a public hearing regarding this item. After discussing the amendment, the Board voted 4-
0 (Borchardt & Pike absent) to recommend approval of the proposed amendment.
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Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 15-04, the public
hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 15-04 on Second
Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 22-04: An ordinance amending Chapter 33, "Police
and Fire Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover
Distributions", providing a mechanism for the rollover of 457 and 401 funds where
applicable. 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 caption of Ordinance No. 22-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.70, "DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS",
PROVIDING FOR DIRECT ROLLOVER OF
DISTRIBUTIONS FROM A QUALIFIED PLAN INTO
THE FUND FOR THE PURCHASE OF AN
ENHANCED MULTIPLIER; PROVIDING A SAVING
CLAUSE; A GENERAL REPEALER CLAUSE; AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-04 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 compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 22-04, the public
hearing was closed.
Mr. Costin moved to adopt Ordinance No. 22-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
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Agenda.
9.
9.A.
At this point, the Commission moved to Item 9.A. of the Regular
REGULAR AGENDA:
APPEAL OF ADMINISTRATIVE INTERPRETATION/HOTEL
VISTA DEL MAR: Consider an appeal of an administrative interpretation relating to
the Hotel Vista Del Mar Project, located at 64 South Ocean Boulevard. (Quasi-Judicial
Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
The Deputy City Clerk swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson stated he received two different copies of similar letters
from Mr. Fran Marincola. Ms. McCarthy stated she has an email from Fran Marincola
however; she has not had the opportunity to open it. Mayor Perlman stated he received
emails from Fran Marincola and his manager. In addition, Mayor Perlman stated he was
in a meeting a few weeks ago with the City Attorney and the City Manager with Mr.
Siemon, Mr. Capano, and other attorneys. Mr. Costin stated he received correspondence
from Fran Marincola and had a discussion with the City Attorney. Mrs. Archer stated she
received email from Fran Marincola.
The City Attorney stated there was an inquiry about who the applicant is.
For the current time and for clarification, the City Attorney stated the applicant is
described as the owner of property. Furthermore, the City Attorney stated the applicant
typically goes first after staff makes a presentation; the applicant is the owner represented
by Mr. Siemon and the appellant will follow.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2001-008 and #2004-091 into the record.
Paul Dorling, Director of Planning and Zoning, stated this item is an
appeal of an administrative interpretation by the Director of Planning and Zoning. The
Director's interpretation was appealed on February 11, 2004, by Harvey F. Oyer of
Gunster, Yoakley & Stewart. The Site Plan Review and Appearance Board (SPRAB)
considered the site plan modification on February 11, 2004, and tabled action on the
modification primarily relating to concerns with traffic circulation. The appeal is being
processed pursuant to LDR Section 2.4.7(E) (1) Appeals.
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A Class II site plan modification was processed based on the assumption
that the City had lost the lawsuit associated with this development proposal and there was
an approved site plan of record. In reviewing the Court Order, it appears that the
assumption was not accurate. The Court Order directed the City Commission to make
findings of fact to support its rejection of the original site plan. Given this, it would
appear that a site plan modification (Class II) of a non approved site plan is not
appropriate. Therefore, the proposed administrative interpretation should not be upheld
and the appeal should be granted.
Mr. Dorling stated he disagrees with the assertion of the appellant that if
there were an approved site plan the proposed modifications are not of a Class I! nature.
The proposed changes do not change the intensity of the proposal (same number of
rooms) and are primarily modifications to the elevations, configuration of the access
points and the layout of the underground and ground level parking garage under the
building.
Mr. Dorling stated he believes this is a Class I! site plan; however, since
there is not an approved site plan according to the Court Order he recommends that the
Commission uphold the appellant's request for an appeal.
Charles Siemon, Siemon & Larsen, P.A., 433 Plaza Real, Ste. #339, Boca,
Raton, FL 33432, representing Vista Del Mar, (the applicant) for the Class I! Site Plan
Modification approval, stated as a matter of law the prior site plan approval is final and
effective. He believes the City's code makes this clear in particular because of the Court
Order. For the record, Mr. Siemon stated he would like the record to reflect that he has
written two letters to the City Attorney and that those are incorporated into the record
outlining their position. Mr. Siemon stated this is an application for site plan approval
that was presented to the City over 3 lA years ago and has gone through two staff reviews
and has been recommended for approval each time. Mr. Siemon stated this is in
complete compliance with the City's code and urged the Commission to rule that the site
plan became final under the City's code and that it should be unnecessary to hand this
matter off to the Circuit Courts of this County. Mr. Siemon read into the record Section
2.4.7(E)(3) (Procedure) of the City of Delray Beach Land Development Regulations
"The following procedures shall be adhered to in the processing of any appeal" and
Section 2.4.7(E)(3)(b) "Consideration of the appeal at the next regular meeting of the
body who is to act upon it provided that the appeal has been received in time for proper
placement on that agenda."
Mr. Siemon stated in discharging its responsibilities, the only fair and
equitable outcome is to allow SPRAB to make its final decision not to grant this appeal.
Therefore, Mr. Siemon encouraged the Commission to deny the appeal and he believes
under the City's rules that this appeal is not properly before the Commission. Mr.
Siemon stated an appeal under the City's code may be brought by an aggrieved party.
Harvey E. Oyer, III, Attorney with Gunster, Yoakley & Stewart, P.A., 777
South Flagler Drive, Suite #500 East, West Palm Beach, FL 33401-6194, representing
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Don Robinson (the appellant), reiterated that this is an appeal of an administrative
decision by the Planning and Zoning Director. Mr. Oyer stated a site plan was brought
before SPRAB approximately 2 lA years ago and it was denied by SPRAB because it was
too large and out of scale with the surrounding neighborhood and then it was tabled three
times. Mr. Oyer stated the applicant came back with a revised plan each time attempting
to address the concerns of the surrounding neighbors and SPRAB, and eventually the site
plan was approved by SPRAB. One of the neighbors (Boston's) appealed the approval
by SPRAB to the City Commission. Mr. Oyer stated City Commission overturned
SPRAB's decision with a 4 to 1 vote. It was then brought back to the Commission and
was ratified again with a 3 to 2 vote. Mr. Oyer stated his client is the owner of three
properties on Salina Avenue including the one directly behind the proposed hotel. In
January 2004, his client received notice as part of the City's notice procedures to adjacent
property owners that this item was now back for a SPRAB hearing of a modification.
Mr. Oyer stated the applicant has gone back to their original plan which was rejected by
SPRAB and the City Commission. Mr. Oyer stated after the Court Order the applicant
did not come back to the Commission and have findings of the facts. Mr. Oyer
recommends that the City Commission follow the recommendation of the City Attorney
to grant the appeal overturning the administrative decision and let the applicant come
back to the Commission for findings of fact as the Circuit Court ordered or start over with
a new site plan that would receive Class V scrutiny.
Dennis P. Koehler, 1280 North Congress Ave., Suite #104, West Palm
Beach, FL 33409 (Attorney), representing the Salina Beach Home, L.L.C. and Mr.
Gerald Windell (Manager of the L.L.C.), stated his client owns a single-family residential
property located at 85 Salina Street. He urged the Commission to follow the
recommendation of the Planning Director and the City Attorney to grant the appeal.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of this item, to come forward at this time. There being no one from
the public who wished to address the Commission, the public hearing was closed.
Mr. Levinson stated he has read the court decision and agrees with the
City Attorney's recommendation that the Court's decision did not automatically grant
any particular benefit of site plan approval nor did it automatically revert to an approved
site plan subsequent to its remanding to the Commission. Therefore, Mr. Levinson stated
he does not agree with the property owner's assertion that they have an approved site
plan. Mr. Levinson stated at this point there is no approved site plan and it has to be re-
heard by the Commission and findings of fact need to be made. Therefore, Mr. Levinson
stated he supports granting the appeal.
Mr. Costin concurred with comments expressed by Mr. Levinson and he
too supports granting the appeal.
Mr. Costin moved to approve the appeal of an administrative
interpretation relating to the Hotel Vista Del Mar project and requiring either the prior
Class V site plan to be considered by City Commission as directed by the Court or
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processing of the proposed modifications as a new Class V site plan; or, withdraw any
current site plan they may have and start over again with a new site plan, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.B. WAIVER REQUEST/MINIMUM LOT DIMENSION: Consider a
request to waive Land Development Regulations (LDR) 4.3.4(K) to reduce the lot size
and lot depth for an existing non-conforming lot, located on the east side of Strickland
Road, approximately 110 feet south of S.W. 11th Street. (Quasi-JudicialHearing)
The Deputy City Clerk swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-182 into the record.
Mr. Dorling stated the subject property was platted in October of 1951 as
Lot 3, Block 1 of the Plat of Strickland Subdivision. The original platted lot measured
100' wide and averaged 75.37' in depth. Sometime in the early 1950's, the southern 15'
of Lot 3 was sold off to the lot immediately to the north (Lot 2) to accommodate a
building encroachment onto the subject property. As a result, the subject property
currently measures 76.1 feet wide by 75.37 feet deep (on average) and is vacant. As per
LDR Section 2.4.7(B)(1)(b), the City Commission has the authority to gram relief of (1) a
reduction of required lot size from 7,500 square feet to 5,735 square feet; and, (2) a
reduction of required lot depth from 100 ft. to 76.1 ft.
Mr. Dorling stated the depth of the property has remained constant at 76
feet and the width has been reduced to accommodate adjustments to adjacent lots;
however, the width still exceeds the minimum of 60 feet. The required findings are made
with respect to Section 2.4.7(B)(5) and 4.3.1(D) and staff recommends that the
Commission approve these waivers.
Josd Ramirez, 1114 S.W. 8th Avenue, Delray Beach, (the applicant) urged
the Commission to approve the waivers.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to come forward at this time. There being no
one from the public who wished to address the Commission, the public hearing was
closed.
Mrs. Archer stated if portions of this piece of land were sold off in the
early 1950's and another portion to the north in the 1990's, is the remaining piece of land
on the northern section conforming? In response, Mr. Dorling explained that the width of
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04/13/04
the lot is conforming and noted that the width actually exceeds the minimum 60 feet
requirement and the depth deficiency was created when the lot was originally platted.
Ms. McCarthy moved to approve the waivers to LDR Section 4.3.4(K)
(Development Standards Matrix) to reduce the lot size and to reduce the lot depth for an
existing non-conforming lot within Strickland Subdivision to the dimension as noted in
the table in the Planning and Zoning Staff Report, based upon positive findings with
respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D), seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
5 to 0 vote.
9.C. CONDITIONAL USE MODIFICATION REQUEST/COMMUNITY
PRIMITIVE BAPTIST CHURCH: Consider a conditional use modification request
associated with the expansion of the Community Primitive Baptist Church, located
between N.W. l0th Avenue and N.W. 11th Avenue, approximately 250 feet north of West
Atlantic Avenue (33 N.W. 11th Avenue). (Quasi-JudicialHearing)
The Deputy City Clerk swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mrs. Archer had no ex parte communications to disclose. Mr.
Levinson stated he had a conversation with Jimmy Weatherspoon this afternoon. Mr.
Costin stated he too had a conversation with Jimmy Weatherspoon this afternoon. Mayor
Perlman had no ex parte communications to disclose. Ms. McCarthy stated she spoke to
Jimmy Weatherspoon approximately two weeks ago.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-148 into the record.
Mr. Dorling stated this is a conditional use request which involves the
demolition of a storage shed on the east side of the existing church, construction of a
2,123 square foot addition to the church, reconfiguration of the existing parking area on
the south side of the church to accommodate six (6) parallel parking spaces; and the
construction of a new 28-space parking lot on the east side of the site.
Mr. Dorling stated this conditional use was before the Commission and
approved on January 2, 2001 and there was an extension on May 21, 2002. Mr. Dorling
stated then the conditional use and site plan lapsed on November 21, 2002. The applicant
is now coming back with the identical application to resurrect an approval and build it
very quickly.
At its meeting of March 15, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the request and after discussing the proposal, the
Board voted 5-0 (Borchardt and Woehlkens absent) to recommend approval of the
Conditional Use Modification request for Community Primitive Baptist Church, based
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04/13/04
upon positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Conditional Use Findings) of the Land Development regulations and the
policies of the Comprehensive Plan, subject to the following conditions: (1) that the
Class IV site plan modification is submitted and approved in general conformance with
the sketch plan submitted with the conditional use request, and (2) that the maximum
seating capacity for the sanctuary is 100 people.
Jimmy Weatherspoon, 130 N.W. 8th Avenue, Delray Beach, stated the
conditional use expired in November 2002 and he received no notification that the
conditional use was about to lapse. Mr. Weatherspoon stated he was informed that he
would need to re-submit and go through the conditional use approval process again
including all costs involved. Mr. Weatherspoon urged the Commission to grant waiving
the fees or a portion of the fees.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the conditional use modification request, to come forward at this
time. There being no one from the public who wished to address the Commission, the
public hearing was closed.
Mr. Dorling stated when someone receives a conditional use approval they
receive an approval letter which states how long an applicant has until the approval runs
out. Mr. Dorling stated the Planning and Zoning Department handles approximately 300-
400 petitions per year and are not in a position to monitor every petition to see if its
approval process is running out. Mr. Dorling stated he feels there is some obligation on
the applicant to take the letter and monitor his own project. With respect to re-filing, Mr.
Dorling stated there is significant costs for advertising for conditional uses for waivers
and explained that if the application fee was limited to what the community has to pay for
advertising it is going to be just about what the application fee is. There is a review cost
and advertising cost that have to be incurred by the City when a project is re-filed.
Mr. Weatherspoon stated with the way technology is today, he would hope
that the City would have the capabilities of viewing what applications have expired with
sending notice via email to whomever or with the touch of a button.
Ms. McCarthy asked if someone re-submits the same plan does the City
have the ability to waive any of the costs. In response, Mr. Dorling stated the LDR's
state waiving certain fees if an organization is non-profit.
The City Attorney stated there is a general waiver provision in the Code of
Ordinances that is an advertised waiver of whatever the Commission wishes to waive
unless it concerns land use.
The City Attorney stated if the Commission gives staff direction that they
would like to hear this, it would be brought back to the Commission at a later date to see
whether or not this would have to be advertised for a complete waiver.
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04/13/04
Mrs. Archer suggested that the Commission vote on what is being
presented this evening and direct staff to review to see if there is any relief for the fees;
and bring back to the Commission with a recommendation.
The City Manager stated waivers allowed for a 501(C)(3) are only for
certain fees and are partial waivers not total waivers.
Mayor Perlman inquired whether or not the church is non-profit. Mr.
Weatherspoon stated the church is not a 501(C)(3).
Ms. McCarthy asked if the sanctuary limit of 100 people is based on the
square footage. Mr. Dorling stated it is based on the parking and the pew space that is
being proposed.
Mr. Weatherspoon suggested that there be a mechanism or process in
place so that an applicant does not have to re-submit their application if already approved
and the City would not have to re-advertise and absorb those costs, etc.
The City Manager stated although it may not apply with this particular
building, he explained that there are issues such as concurrency and commitment of
traffic capacity.
Ms. McCarthy stated the re-submittal process is not only to validate the
fact that the site plan is identical, but also that no rules and regulations have been
changed that now impact the approval process.
After brief discussion, it was the consensus of the Commission to direct
staff to review costs for advertising, notices, mailings, staff time and bring back to the
Commission with a recommendation.
Mr. Costin moved to approve the Conditional Use Modification request
for the Community Primitive Baptist Church, based upon positive findings with respect
to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development
Regulations, and the policies of the Comprehensive Plan, and subject to the findings and
conditions of approval of the Planning and Zoning Board, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed
with a 5 to 0 vote.
9.D. REQUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN
YELLOW BUILDING: Consider a request from Handelsman Yellow Building f/k/a
the Blank House for the purchase of six (6) in-lieu parking spaces in the amount of
$72,000.00. The Blank House is located at 85 S.E. 6th Avenue. (Quasi-Judicial
Hearing)
The Deputy City Clerk swore in those individuals who wished to give
testimony on this item.
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04/13/04
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson had no ex parte communications to disclose. Ms.
McCarthy stated she spoke to the City Manager regarding this item. Mayor Perlman and
Mr. Costin had no ex parte communications to disclose. Mrs. Archer stated she was a
party to the original presentation to the Parking Management Advisory Board.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #95-150 and #2004-176 into the record.
Paul Dorling, Director of Planning and Zoning, stated the site currently
contains a 2,137 square foot restaurant with storage on the upper floor, an office building
and an apartment building. The site plan was approved in 1995 and included a nine (9)
space pea rock parking lot. The applicant is currently seeking approval to replace the
parking lot with a tea garden, provide three (3) parking spaces adjacent to the alley and
purchase the remaining six (6) spaces at a cost of $12,000.
Mr. Dorling stated the item was presented to the Parking Management
Advisory Board (PMAB) at its January 20, 2004 meeting and after significant discussion
staff recommended a compromise of providing one (1) row of parking on the east side of
the approved parking lot and converting the remaining west portion of the lot adjacent to
S.E. 6th Avenue (Northbound Federal Highway) to a tea garden.
At its meeting of January 7, 2004, the Historic Preservation Board (HPB)
tabled this request suggesting that the applicant demolish the existing office building at
the northeast corner and provide the parking adjacent to the alley. At their meeting of
February 4, 2004 the Historic Preservation Board (HPB) approved the applicant's request
4-2 vote (Miller and Sexton dissenting).
At its meeting of March 23, 2004, the Parking Management Advisory
Board recommended approval of the applicant's request with a 6 to 4 vote (Ramos, Poli,
Sacharow and Lierle dissenting). Staff recommends denial of the applicant's request.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of this request, to come forward at this time. There being no one who wished
to address the Commission regarding the in-lieu parking spaces, the public hearing was
closed.
The City Attorney suggested that the Commission look at staff's
recommendation for denial and look at the listed conditions in the staff report and make a
determination whether it is impossible or inappropriate to provide the parking on-site.
Mrs. Archer stated she concurs with staff' s recommendation to deny the
applicant' s request.
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04/13/04
Mr. Costin stated in his opinion residents competing for a parking space is
very serious and he too supports staff' s recommendation of denial.
Mr. Levinson moved to deny the applicant's request based upon failure to
meet the required findings pursuant to LDR Section 4.6.9(E) and adopt staff's findings,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion to DENY passed with a 5 to 0 vote.
9.E. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING: Consider approval of a request from Community Neighborhood Helping for
financial support in the amount of $11,000, for their Glory Awards Event to be held on
June 4, 2004 which will be reimbursed to the City through a Palm Beach County grant.
Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund)
The City Manager stated with regard to an inquiry about the history of the
City's relationship with the Glory Awards, last year they requested $2,500 from the City;
however, the request was not received until May. The request was denied and they were
asked to present the request for the 2003/2004 budget, but there was no request
submitted. In May 2002, the City Manager stated the City provided up-front funding of
$10,000 and did not receive the money back from the County until September 2003. The
City Manager stated the City had a difficult time obtaining the required financial records
from the event and the County did not allocate dollars until their next fiscal year
2002/2003.
Mrs. Archer inquired as to when the money was allocated.
Ms. McCarthy stated there has been this type of situation before where the
City has advanced funds and County Commissioner Addie Greene has reimbursed the
funds. She asked the City Manager to date has County Commissioner Addie Greene
honored each commitment that the City has expended. The City Manager stated County
Commissioner Addie Greene has honored each commitment that the City has expended.
Mayor Perlman expressed concern as to when the City will receive monies
from the County and stated Community Neighborhood Helping has very ambitious
income projections for an event that is projecting a $5,000 loss.
Mr. Levinson stated the purpose is to generate revenues for the
organization for operating expenses and also to recognize "unsung heroes".
Brief discussion continued between the Commissioners.
Mr. Levinson moved to approve the $11,000.00 of financial support based
on Commissioner Greene's offer of reimbursement for the Community Neighborhood
Helping for the Glory Awards, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
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04/13/04
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.F. SKATEBOARDS: Discuss proposed draft Ordinance No. 26-04 to
provide certain areas in which skateboarding shall be prohibited.
Mayor Perlman stated there have been some complaints about
skateboarding on public properties particularly Old School Square and Veteran's Park
despite the opening and the success of the Skate Park at the "505" Teen Center.
The City Manager stated he placed this item on the Agenda for discussion
is to see if there is anything the City can or should do with respect to private properties or
whether this should be handled as a trespass problem. The City Manager stated if there is
damage this could be referred to as "malicious mischief". The City Manager stated with
regard to adding the words "all parks" to the ordinance he feels this may be broader than
what is necessary and he would like to discuss this with Joe Weldon, Director of Parks
and Recreation. However, the City Manager stated we may need to add some additional
parks beyond Veteran's and Old School Square.
Mr. Levinson suggested including the words "all parks" because his
concern is the City will be adding parks. Therefore, as the City adds a park the ordinance
would potentially have to be changed every time to include new parks. In addition, Mr.
Levinson stated there are other parks such as Worthing Park where some of the kids use
the edge of the benches.
Mayor Perlman stated Old School Square has informed him that the Police
are called and when they arrive the kids are videotaping being chased off the grounds.
The City Manager stated it is his understanding that these are not local
kids but are from out-of-town.
Mr. Levinson commented the skateboarding is damaging many handrails
on a lot of places where there are steps or parks, etc.
Mayor Perlman asked what the legal liability is if someone were to get
hurt at Veteran's Park? In response, the City Attorney stated if it is an unsafe condition
of some sort (i.e. a trip hazard) then the City would be liable but if the property is in the
shape it is supposed to be in, then there would not be any liability.
Mrs. Archer stated if it is possible to have some parks where this kind of
thing is allowed she would like to provide some opportunities and places for the kids to
go.
Ms. McCarthy inquired about whether or not there were other complaints
from any major shopping centers or establishments within the City as well. She wants to
ensure the ordinance is broad enough so that it does not have to be changed every time a
new park is added and she does not want to see this limited to parks that have the type of
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04/13/04
pavement that would be conducive to kids or adults being able to skateboard or roller
skate.
The Commission gave direction to the City Manager to discuss this in
further detail with Joe Weldon, Director of Parks and Recreation.
9oGo
PROPOSAL FOR SETTLEMENT IN ERNESTO FIGUEROA v.
CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of
$4,500.00 in Ernesto Figueroa v. City of Delray Beach. Staff recommendation is
acceptance.
Mr. Costin moved to approve a Proposal for Settlement in the amount of
$4,500.00 in Ernesto Figueroa v. City of Delray Beach, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 5 to 0 vote.
9oHo
PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY
OF DELRAY BEACH: Consider
$12,500.00 in Clara Outram v. City
acceptance.
a Proposal for Settlement in the amount of
of Delray Beach. Staff recommendation is
Mrs. Archer moved to approve the Proposal for Settlement in the amount
of $12,500.00 in Clara Outram v. City of Delray Beach, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 5 to 0 vote.
9.1. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) alternate member for an unexpired term ending March 31, 2005. Based
upon the rotation system, the appointment will be made by Commissioner Levinson (Seat
~3).
Mr. Levinson moved to appoint Bernard Federgreen as an alternate
member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes. Said motion passed with a 5 to 0 vote.
9oJo
APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regular member to the Public Employees Relations
Commission (PERC) for a four year term ending March 13, 2008. Based on the rotation
system, the appointment will be made by Commissioner Costin (Seat #1).
Mr. Costin moved to appoint Philip Friedman as a regular member to the
Public Employees Relation Commission (PERC) for a four year term ending March 13,
2008, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
-25 -
04/13/04
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
9oKo
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) member to the Historic Preservation Board for an unexpired term ending
August 31, 2004. Based upon the rotation system, the appointment will be made by
Commissioner Costin (Seat #1).
Mr. Costin moved to appoint Maura Dersh to the Historic Preservation
Board for an unexpired term ending August 31, 2004, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5
to 0 vote.
9oEo
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an Interlocal agreement between the City and the Community
Redevelopment Agency (CRA) for shared administration of the West Settler's FaCade
Easement Grant Program.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down.
Lula Butler, Director of Community Improvement, stated this agreement
formalizes the partnership between the City and the Community Redevelopment Agency
(CRA) as it relates to contributing buildings to the West Settler's District. Ms. Butler
stated her staff will primarily be responsible for doing the work write-ups and the bidding
of the renovations to these homes.
Prior to the vote, Mr. Levinson stated he would like to ensure that it is
very clearly communicated to the members of the West Settler's Historic Preservation
Board that these monies are available to anyone who applies and that they use good
judgment.
Mrs. Archer moved to approve the Interlocal Agreement between the City
and the Community Redevelopment Agency providing for shared administration of the
West Settler's FaCade Easement Grant Program, seconded by Mr. Costin. Upon roll call
the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9omo
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an Interlocal agreement in the amount of $18,000.00 between the
City and the Community Redevelopment Agency (CRA) for payment to the City for
contracted consulting services with JEG Associates, Inc.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down.
- 26 -
04/13/04
Lula Butler, Director of Community Improvement, stated this agreement
is between the City and the CRA with the CRA providing $18,000 to supplement the
agreement that the City has with Joe Gray of JEG Associates, Inc. for services regarding
implementation of the Southwest Neighborhood Plan.
Prior to the vote, Mr. Costin asked how long the contract is for. In
response, Ms. Butler stated the contract for services with Joe Gray of JEG Associates,
Inc. is for one year (March 1, 2004-February 28, 2005).
Mr. Levinson commented this has worked extremely well with using the
Presidents of the Southwest and Northwest Associations.
Mr. Costin moved to approve the Interlocal Agreement between the City
of Delray Beach and the CRA providing for an $18,000 contribution associated with the
contract for services with JEG Associates, Inc., seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager announced that the Gala for the Palm Beach County
League of Cities was rescheduled to May 15, 2004. With regard to the Advisory
Boundary Committee appointments, the City Manager stated Retha Lowe and Ben Saag
were reappointed to represent the League.
The City Manager stated when he had the joint meeting with the County
Commission and the League of Cities Board, he noticed they have the best microphone
system in the room where the meeting was held. The City Manager stated they will be
glad to send their County technician down to look at our sound system and make some
recommendations.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Mrs. Archer
Mrs. Archer stated at the last Metropolitan Planning Organizational
(MPO) meeting, FDOT gave a presentation and one of the comments was that over 50%
- 27 -
04/13/04
of all the pedestrian crashes occurring on State roadways involve alcohol and the usage
on the part of the pedestrian.
Secondly, Mrs. Archer stated Mr. Michael Lewis, Program Manager from
the Planning office for the Orlando Turnpike Authority provided her a listing of all of the
activities over a particular period of time for southbound and northbound entrance to the
turnpike from each of the facilities. Mrs. Archer stated he indicated that there was a
percentage of change between 1996 and 2003 in the number of movements in both
southbound and northbound. From the Atlantic Avenue entrance onto the turnpike, there
was a 253% increase in that six year period of time in the usage of the southbound traffic
entrance. Mrs. Archer stated this is the largest increase in activity in any turnpike
entrance in Palm Beach County.
Mrs. Archer stated she was not in town on Friday for the Davis Cup and
commented she was in a restaurant and on the television appeared the Mayor. She stated
it was fantastic for everyone to have had the opportunity to get a wonderful view of
Delray Beach and she is extremely impressed and very proud.
In addition, she announced that she will not be at the May 18, 2004 City
Commission meeting because she will be going out of town on May 13th and she will also
miss the Palm Beach County League of Cities Gala.
She announced that the Delray Sister Cities Safari Dinner is Friday, April
23, 2004 and she encouraged everyone to attend.
13.C.2.
Commissioner Costin
Mr. Costin expressed concern over the golf carts and suggested that the
Commission ask Kathy Daley to approach the Senator and see if an amendment or part of
the Bill could be instituted to require insurance coverage for the golf carts. He stated if
this Bill passes, golf carts will be legal on County roads and municipal streets. Mr.
Costin stated he feels a vehicle on a public street without insurance would be a financial
disaster.
It was the consensus of the Commission to ask Kathy Daley to look into
this and directed the City Attorney to check the status of the Bill.
Mr. Costin stated he attended the Residents Academy on April 1, 2004 and
commended Mayor Perlman for a great presentation.
He commented about the Legislators meeting held in Lantana on April 5,
2004 and stated it was very informative and useful.
He commented about the Green Market Event and the Easter Bonnet Dog
Parade and noted both events were great. Mr. Costin stated there were a couple hundred
people in attendance.
-28 -
04/13/04
Lastly, Mr. Costin commented about the Davis Cup and extended kudos to
Mayor Perlman and staff for making everyone proud. Mr. Costin stated he met Mr.
Schwartz and "Bumpy" Frazier, and the former Chairman of the Board for Proctor &
Gamble who said how great Delray Beach is. Mr. Costin stated several merchants
expressed their gratitude for all the business they received during the Davis Cup. In
addition, Mr. Costin commended Bob Barcinski, Assistant City Manager, for his efforts
with regard to the Davis Cup and asked the City Manager to extend a congratulations and
thanks to Mr. Barcinski for a job well done.
13.C.3.
Commissioner McCarthy
Ms. McCarthy had no comments or inquires on non-agenda items.
13.C.4.
Commissioner Levinson
Mr. Levinson stated he received a request from the Delray Citizens for
Delray Police 1st Annual Employee Awards Dinner and asked if the Commission would
like to contribute approximately $20 for an advertisement. It was the consensus of the
Commission to contribute the money towards an advertisement.
Secondly, Mr. Levinson concurred with comments expressed by Mr.
Costin and suggested that all the employees who worked on the Davis Cup be recognized
(i.e. a letter from the Commission) for their efforts. Mr. Levinson stated many important
people were in town all of which had rave reviews for Delray Beach and he commented
that the commercial was great.
Mr. Levinson stated the Spady Groundbreaking was great and commented
this school has not had renovations since approximately 1952.
Mr. Levinson commended the Fire-Rescue Department and the Police
Department for raising $8,000 for the American Cancer Society.
He commended staff and all those who participated for the great job on
Paint Up Delray. Mr. Levinson suggested that staff plant trees on the south side of the
street and find a way to irrigate the swales.
Mr. Levinson stated the Atlantic High School Top-out Party was
spectacular and commented that the school looks great. He stated the school is
anticipated to be completed around Christmas or soon after.
Mr. Levinson stated the Easter Bonnet Dog Parade was spectacular and
the Police Volunteer Lunch was terrific.
Post.
He commented about a quote by Carolyn Zimmerman in the Palm Beach
- 29 -
04/13/04
Mr. Levinson commented about the Urban Land Institute (ULI) and stated
the case study for the ULI is Delray Beach and the panel in the afternoon includes Tim
Hernandez, Chris Brown, and Cary Glickstein. He stated Delray Beach is being well
represented.
Mr. Levinson expressed concern over what the outcome will be of the
program the Village Foundation provides at the Village Academy. Mr. Levinson stated
as everyone knows the Children Services Council (CSC) has decided to withdraw its
support from the Village Foundation and feels it is crucial to the community that the City
assists the CSC and the United Way in making sure that someone is able to provide the
necessary services. Mr. Levinson commented about an article in the newspaper regarding
the nepotism issues and he feels we need to get past this and focus on the children
because the program does work.
Mayor Perlman concurred with comments expressed by Mr. Levinson.
Mayor Perlman stated he received a telephone call from Tana Ebbole, Executive Director
of the Children's Services Council, who expressed concern over the nepotism issue.
Mayor Perlman stated she reassured him that the CSC believes in the program and they
are looking for another provider. She has asked Mayor Perlman to recommend people
from the community who may want to serve on a selection committee for the new
provider.
The City Manager stated Lula Butler, Director of Community
Improvement, is monitoring this very closely.
Safari Dinner.
Banquet.
Mr. Levinson stated he will be present at the Delray Beach Sister Cities
However, he will not be at the Florida League of Cities Convention
Lastly, Mr. Levinson stated there were zero incidences during the entire
weekend of the Davis Cup and traffic control went well.
13.C.5.
Mayor Perlman
17th.
Mayor Perlman acknowledged Chevelle Nubin's birthday which is April
Secondly, Mayor Perlman stated Jimmy Story, owner of Jimmy's Stone
Crabs and Grille, read the column "From the Mayor Perlman's Desk" that Mayor
Perlman attended the Youth Enrichment Vocational Center. Mr. Story invited one of his
friends to the Vocational Center who is a well known magician and he also bought
several tickets for the Davis Cup and was able to take approximately twelve kids to the
tennis matches over the weekend who otherwise would not have been able to attend.
Mayor Perlman commented about the article in the Air Currents Magazine
and stated the Editor presented him with the magazine. He stated the Editor informed
-30-
04/13/04
him that she lives in Nassau, Bahamas and they are studying Delray's redevelopment as
they work on their redevelopment.
Mayor Perlman inquired about the MPO meeting on April 15, 2004, at
9:00 a.m. and asked when the MPO will make a recommendation. Mrs. Archer stated she
will contact the MPO to find out exactly what the timetable is and will inform Mayor
Perlman as soon as she knows.
He stated he had the opportunity to speak at the Boy Scouts Eagle Scouts
Dinner which was great. Mayor Perlman stated scouts from Delray Beach and some
Alumni Scouts were there including Shelly Weil, Herb Levine, and Vince Canning. In
addition, Mayor Perlman stated Leon Weekes was honored and commented that the City
Manager and Police Chief were both Eagle Scouts as well.
Mayor Perlman commented about the petition from the residents regarding
N.E. 14th Street and suggested that Randal Krejcarek, City Engineer, get with the
residents to clarify what is going in and what is not going in.
Mayor Perlman stated he is receiving some emails and telephone calls
about a new inlet by the George Bush Boulevard Bridge. The City Manager stated there
is nothing in place for this that he is aware of.
Mayor Perlman announced that Lyle Sumek is coming to town and
encouraged the Commission to present their lists to Delores Rangel, Administrative
Assistant, for the Leadership Summit.
Mayor Perlman announced on Thursday, April 15, 2004, Dave Henniger
from the Community Child Care Center has requested the Commission attend the
Chamber Breakfast in support of the Community Child Care Center and noted Palm
Beach County Commissioner Mary McCarty is the keynote speaker.
Mayor Perlman announced that the award-winning Florida Memorial Steel
Band is performing at Old School Square on Saturday, April 17, 2004.
Mayor Perlman stated on Sunday after the Davis Cup he called Bob
Barcinski, Assistant City Manager, at home to thank him personally for everything he did
throughout the entire weekend. Mayor Perlman stated Mr. Barcinski did provide him
with a list of staff members who helped with the event. In addition, Mayor Perlman
personally thanked Tim Simmons, Parks Superintendent, for the incredible amount of
work he did.
The City Manager stated as the Commission comes in contact with County
Commissioners, he suggested that they thank them for letting the City use the garage and
also the library allowing the City to use the surface lot.
-31 -
04/13/04
Mayor Perlman stated Swedish Captain Mats Wilander who was the
number one player in the late 80's was here and loved Delray. Mayor Perlman stated the
Swedish Delegation was very impressed with the City of Delray Beach and he received
numerous compliments about how friendly, charming, and accommodating the town was
in addition to the City receiving an enormous amount of international media as a result of
the Davis Cup. Mayor Perlman stated Bob Bryan who is one of the Davis Cup twins that
won the critical doubles match indicated this was one of the best atmospheres he has ever
been in. Mayor Perlman stated the USTA presented the City of Delray Beach with a
signed flamed poster (currently in the Mayor's office) and a plaque to affix to the
stadium.
Mr. Levinson stated world record speed on serve of 152 per hour was set
in the last serve of the entire match by Andy Roddick. Mr. Costin stated he was
impressed by how the young people played with such intensity. Mayor Perlman stated
this was a team effort and this showed the viability of a downtown tennis stadium. Mrs.
Archer stated the timing of everything was perfect and it was a perfect opportunity for the
City of Delray Beach to host the Davis Cup at this time. The City Manager stated this
was a good opportunity for the City to learn how the parking works and commented the
parking worked out well.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:30 p.m.
City Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on April 13, 2004, which Minutes were formally approved and adopted by the City
Commission on ~ay 4, 2004
City Clerk
- 32 -
04/13/04
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
-33 -
04/13/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Perlman, Jeffrey Z.
1~17~%[eR~Sr%y Lakes Drive
~elray Beach, Florida
DATE O~ WINCH VOTE OCCURRED
3344~°°Nr~
Palm Beach
4/13/04
Delray Beach City Commission
TH~ BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
I~CiTY r~ COUNTY [3 OTHER LOCAL AGENCY
City of Delray Beach
WHO MUST FILE FORM 8B
This form Is for use by any pemon serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flodda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
L INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
pomon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting OR a mea-
sure which inures to the special gain or loss of a principal (other than a govemmeot agency) by whom he or she is retained (incJuding the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vota basis are not prohibited from voting in that
For purposes of this law, a "relative" includes only the officer's fattmr, mother, son. daughter, husband, wii'e, brother, sister, tather-in-law.
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining Eom voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
_must disclose the nature of the conflict before making any attempt to inlluence the decision, whether orally or in writing and whether made
)y you or at your direction.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
ITAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording Ihe
minutes of the meeting, who will incoqx)rate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000
APPOINTED OFFICERS (continued) **
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and tile it within 15 days after the vote occurs with the parson responsible for recording the minutes of the
mee§ng, who must incoq~orate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey Z. Perlman
, hereby disclose that on.
(a) A measure came er will come before my agency which (check one)
__ leu;ed to my special pdvato gain or less;
~ inured to the special gain or loss of my business associate,
__X_X tnured to the spacial gain or less of my rolafive, Diane Colonna
__ inured to the special gain or loss of.
whom I am retained; or
__ inurod to the sbecial gale or less of
is the parent Oq;lanization or subsidiary of a principal which has retained me.
(b) The meesum before my agency and the nature of my conflicfing interest in the measure is as follows:
April 13, .,2004 :
Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA)
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
4/13/04
Date Filed
, which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONi=LICT FOR
--COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Perlman~ Jeffry Z.
971Delray Lakes Drive
C~q'Y COUNTY
Delray Beach, Florida 33444 Palm Beach
4/13/04
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORIIY, OR COMMITrEE
Delray Beach City Commission
· cl~( [3 C(X.IN'IY Q OTHER LOCAl. AGENCY
ELECTIVE
City of Delra¥ Beach
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, coundl,
commission, authonty, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
contiict of interest under Section 112.3143, Florida Statutes.
Your resportsibilities under the law when faced with voting on a measure in which you have a COnflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form befora
completing the reverse side and tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
"'"-Oarson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
~'es to his or her special private gain or less. Each elected or appointed local officer also is prohibited fi.om knowingly voting on a mea-
'e which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent o~ganization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, t~ather-in-law,
mother-in-law, son-in-law, and daughter-in-taw. A 'business associate" means any pemon or entity engaged in or carrying on a business
enterprise with the ofticer as a partner, joint venturer, coowner of preper'q6 or corporate shareholder (where the shares of the corporation
are no{ listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voUng; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
.Nthough you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
.=~st dtsciose the natura of the conflict before making any attempt to intluence the decision, whether arally or in writing and whether made
you or at your direction.
YOU INTEND TO MAKE ANY ATI'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must comlMete and file this form (before making any attempt to intluence the decision) with the person responsible for recordir~g
· minutes of the meeting, who will iocoq)orate the form in the minutes. (Continued on other side)
'~ · ~ PAGE
CE FORM 8B - EFF. 1/2000
APPOINTED OFFICERS (continued)
· A copy of the ~must be providedimmediataiy to the othe~ members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO A I '! I::MPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before part~ipating.
· Yee must complete the form and file it within 15 days alter the vote occurs with the Persee responsible for recording the minutes of the
meeUng, who must Incoqx)mta the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the fomt must be read pubtic~y at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey Z. Perlman .herabydisc~osethaton April 13,
Ia) A measure came or will come before my agency which (chect(one)
__ inured to my special private gain or loss;
Inured to the special gain or loss of my business associate,
! ~ to the special gain or I°Ss of my relative, DtAhe C01onna
thurad to the special gain or loss of
whom I am retained; or
inurad t0 the,spec~ai gain or loss of
is the parent organization or subsidiary of a p~tcipal which has relaieed me.
(b) The measure before my agency and the nature of my coofltcitng interest in the measure is as follows:
Diane C01Onna, my wife, i~ Director of.the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
,2004 :
· by
Date Filed
NOTICE: UNDER PROVISIONS OF I~LoRiDA STATU~FES §1i2131~i A FAILURE ~0 MAKE ANY REQ0iA~D DisclOsuRE
CONSTITUTES GROUNDS F°R AND MAy BE PUNisHED BY ONE OR MORE OF THE FOLLOwiNG: iMpEACHMeNT
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2