05-04-04 MinutesMAY 4~ 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, May 4, 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
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Pyburn, Assistant City Attorney
Chevelle D. Nubin, Deputy City Clerk
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Delray South.
The opening prayer was delivered by Reverend Richard Evans with Abbey
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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
Liens/Community Redevelopment Agency
Bridge Openings be moved to Item 9.K.
Item 9.K., Request to Release
be moved to Item 9.G. and Item 9.G.,
Mayor Perlman stated there is additional information regarding the
funding account for Item 8.P., Site Evaluation Contract/Weed & Seed.
Mayor Perlman noted there is a revised caption for Item 12.A.,
Ordinance No. 24-04.
Ms. McCarthy requested Item 8.E., Acceptance of Sidewalk Easement,
of the Consent Agenda be moved to the Regular Agenda as Item 9.A.
Mr. Levinson moved to approve the 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. Said
motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
April 13, 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.
Mr. Costin moved to approve the Minutes of the Regular Meeting of April
20, 2004, seconded by Mr. Levinson. 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.
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PROCLAMATIONS:
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Carver High School Reunion
Mayor Perlman read and presented a proclamation hereby proclaiming
July 7-11, 2004 as Carver High School All School Reunion Week. Ernestine Holliday
came forward to accept the proclamation.
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National Preservation Week- May 3-9, 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
May 3-9, 2004 as National Preservation Week. Dottie Patterson came forward to accept
the proclamation.
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PRESENTATIONS:
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Awards Presentation - Historic Preservation Week Poster Contest
The City of Delray Beach and the Community Redevelopment Agency
(CRA) sponsor an annual poster contest to celebrate National Preservation Week.
Preservation Week is recognized the week of May 3-9, 2004 and the theme is "New
Frontiers in Historic Preservation".
certificates:
Wendy Shay, Senior Planner presented the following winners with
Tony Milanese from American Heritage (first place)
Dawn Kelly from Toussaint L'Ouverture High School (second
place)
Frank VanAmburgh from American Heritage (third place)
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7.B. Historic Preservation Board Awards for Outstanding Preservation
Work
Wendy Shay, Senior Planner stated the Historic Preservation Board (HPB)
is conducting its 1st Annual Preservation Recognition Award Program. The awards are
given to those property owners and their design teams who have significantly contributed
to the preservation and rehabilitation of historic properties throughout the city. Eligible
projects are those that were approved by the Board, and received a Certificate of
Occupancy during the previous calendar year (January 1, 2003 - December 31, 2003).
This year's design categories and recipients include:
HISTORIC HOUSE CONVERSION
House of Vintage, 123 South Swinton Avenue, Old School Square Historic District
· Michelle Parparian, Owner
· Gerald B. Church, Site Plan/Engineer
· Carter & Associates, Landscape Architect
· Abney Associates, Architect
REHA BILITA TION
S.E. O'Neal House, 910 NE 2'' Avenue
Individually Listed Historic Property
· Novo Development Corp., Owner
SIGNAGE
Bull Bar, 2 East Atlantic Avenue
Old School Square Historic District
· Carman Stewart, Owner
PA T CA YCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION
Amelung House, 102 NE 12 Street
Individually Listed Historic Property
· Eliopoulos Architecture, Inc. Owner/Architect
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Delray Affair - Lynn Bialakis
Lynn Bialakis stated this year was the 42nd Annual Delray Affair and she
thanked the City Manager, City staff, and the Commission for their support. She stated
there was well over 250,000 people in attendance and commented the Delray Affair is a
large fundraiser for the Chamber of Commerce. In appreciation for their support, Ms.
Bialakis presented the Commission with a 2004 Poster, t-shirts, commemorative pins and
wine.
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CONSENT AGENDA: City Manager Recommends Approval.
RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of April 15, 2004.
8.B. FINAL SUBDIVISION PLAT APPROVAL/HARBOUR HOUSE
PLAT: Approve the subdivision plat for Harbour House, a four (4) lot fee simple
townhouse development, located at the northwest corner of N.E. 1st Street and the
Intracoastal Waterway.
8.C. RESOLUTION NO. 34-04: Approve the abandonment of a portion of
Canal Street right-of-way lying at the northwest corner of N.E. 1st Street and the
Intracoastal Waterway, adjacent to the proposed Harbour House Plat.
The caption of Resolution No. 34-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF CANAL STREET
RIGHT-OF-WAY, LOCATED AT THE NORTHEAST
CORNER OF N.E. lST STREET AND THE
INTRACOASTAL WATERWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN.
office.)
(The official copy of Resolution No. 34-04 is on file in the City Clerk's
8.D. ACCEPTANCE OF UTILITY EASEMENT
AGREEMENT/PORTEN CUSTOM HOMES, L.C.: Approve a utility easement
agreement associated with the abandonment of a portion of Canal Street, located on the
northwest corner ofN.E. 1st Street and the Intracoastal Waterway.
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THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.F. PALM BEACH COUNTY COURT PUBLIC AGENCY
COMMUNITY SERVICE AGREEMENT: Approve a Public Agency Agreement
with the Courts of the 15th Judicial Circuit that provides for the Parks & Recreation
Department's participation in the Palm Beach County Court Community Service Program
for community service workers at Pompey Park.
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GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a gram application to the Children's Services Council (CSC) for
funding in the approximate amount of $283,471.00 for the City's out of school program,
day camps and summer camp programs.
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8.H. SERVICE AUTHORIZATION NO. 10/HELLER-WEAVER AND
SHEREMETA, INC.: Approve Service Authorization No. 10 to Heller-Weaver and
Sheremeta, Inc. in the amount of $15,720.00 for the Lake Ida Area Water Main
Improvement Topographic Survey Project. Funding is available from 442-5178-536-
65.98 (Water/Sewer Renewal & Replacement/Lake Ida Area).
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SERVICE AUTHORIZATION NO. 6/KIMLEY-HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 6 to Kimley-Horn and
Associates, Inc. in the amount of $151,970.00 for professional engineering services
related to the corridor study of U.S. 1 from S.E. 4th Street to N.E. 4th Street. Funding is
available from the Community Redevelopment Agency.
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CHANGE ORDER NO. 2/FINAL PAYMENT/ROSSO PAVING AND
DRAINAGE, INC.: Approve Change Order No. 2 in the amount of a $5,030.00
decrease, and final payment in the amount of $15,612.80 to Rosso Paving and Drainage,
Inc. for completion of the Sherwood Park Traffic Calming Project. Funding is available
from 334-3162-541-65.60 (General Construction Fund/Traffic Calming).
8.K. CHANGE ORDER NO. 1/FINAL PAYMENT/RPM GENERAL
CONTRACTORS, INC.: Approve Change Order No. 1 in the amount of a $980.36
decrease, and final payment in the amount of $2,407.28 to RPM General Contractors, Inc.
for completion of the Water Treatment Plant Control Room Modifications Project.
Funding is available from 442-5178-536-62.10 (Water/Sewer Renewal &
Replacement/Buildings).
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CHANGE ORDER NO. 1/FINAL PAYMENT/RANGER
CONSTRUCTION - SOUTH: Approve Change Order No. 1 in the amount of
$8,440.25 and final payment in the amount of $21,329.75 to Ranger Construction - South
for completion of the 2003 Street Resurfacing Project. Funding is available from 334-
3162-541-61.17 (Street Reconstruction).
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TRANSPORTATION ENHANCEMENT GRANT APPLICATION:
Approve and authorize the Mayor to execute the 2004 Transportation Enhancement Grant
Application in the amount of $500,000.00 for the construction of bicycle lanes on
Homewood Boulevard from Lowson Boulevard to Atlantic Avenue.
8.N. RESOLUTION NO. 35-04: Approve a resolution requesting funds from
the Palm Beach County Emergency Medical Services Grant Award program to be used
for the purchase of an Advanced Life Support Equipment Upgrade Package for an
additional Engine Company at a cost of $25,649.81.
The caption of Resolution No. 35-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
FUNDS FROM THE PALM BEACH COUNTY
EMERGENCY MEDICAL SERVICES GRANT AWARD
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PROGRAM FOR FY 2004/2005.
(The official copy of Resolution No. 35-04 is on file in the City Clerk's
office.)
8.0. PAYMENT TO ALLIED CHARTER TOURS, INC./DAVIS CUP:
Approve payment in the amount of $16,957.50 to Allied Charter Tours, Inc. for shuttle
bus service for employees and fans for the Davis Cup Event. Funding is available from
001-4210-575-55.44 (Tennis Stadium/Davis Cup)
8.P. SITE EVALUATION CONTRACT/WEED & SEED: Approve a
contract between the City and Treasure Coast Health Council (TCHC) in the amount of
$16,000.00 to conduct a Weed & Seed site evaluation as required by the Executive Office
of Weed & Seed (EOWS)/Department of Justice. Funding is available from 115-2125-
521-83.01 (Weed and Seed Grants/Other Grants/Aid).
8.Q. CONTRACT/WEED & SEED: Approve an agreement between the
City, Weed & Seed Initiative, and New Innovations in the amount of $16,000.00 to fund
educational enrichment services provided by New Innovations to the Parks and
Recreation Department's Out-of-School Program. Funding is available from 115-2125-
521-83.01 (Weed and Seed Grants/Other Grants/Aid).
8.R. CONTRACT/WEED & SEED: Approve an agreement between Weed
& Seed Initiative and the Parks & Recreation Department in the amount up to $47,600.00
for funding the salary cost of personnel to provide computer training in the SEED TECH
computer lab. Funding is available from 115-2125-521-83.01 (Weed and Seed
Grams/Other Grams/Aid).
8.S. PURCHASE AWARD/CENTRAL FLORIDA YAMAHA: Approve a
purchase award to Central Florida Yamaha, Inc. in the amount of $15,950.00 for the
purchase of a Carolina Skiff Rescue Boat/Dive Platform for the Fire Department. This is
a replacement for a boat that was handed down from Ocean Rescue. Funding is available
from 115-0000-248-64.00 (Paramedic Fund)
8.T. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve
a fund subsidy for one (1) eligible applicant/family in the amount of $22,500.00 for new
construction on N.W. 8th Avenue. This brings the number to 159 homeowners assisted
under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home
Owner Subsidy).
8.U. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Approve and endorse the Art & Jazz on the Avenue scheduled for June 24, 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 (one lane) 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 (street closure will be from 3:00 p.m. to approximately
midnight), and authorize staff support for security and traffic control, banner hanging and
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removal, barricade set-up/removal, trash removal and clean up assistance.
8.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period April 19, 2004 through April 30, 2004.
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AWARD OF BIDS AND CONTRACTS:
1_ Contract award to Jones Company of South Florida in the amount
of $274,237.87 for retention ponds at N.W. 18th Avenue, N.W. 15th
Avenue, and S.W. 7th Avenue. Funding is available from 448-
5470-538-65.44 (Storm Water Utility Funds/N.E./N.W. Area/Lake
Ida to Atlantic) and 448-5470-538-65.58 (Storm Water Utility
Funds/Other Improvements/S.W. Area Improvements).
2_ Purchase award to Duval Ford in the amount of $28,000.00 via the
Florida Sheriffs' Association Contract for the purchase of one (1)
Police pursuit vehicle to replace one which was involved in an
accident. Funding is available from 501-3312-591-64.20 (Vehicle
Replacement).
Mr. Costin moved to approve the Consent Agenda as amended, seconded
by Mr. Levinson. 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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REGULAR AGENDA:
9.A. POSTPONEMENT OF THE APPEAL OF THE HISTORIC
PRESERVATION BOARD'S ACTION ASSOCIATED WITH ASCOT OFFICE:
Consider a request to postpone the appeal of the Historic Preservation Board's action
associated with a Class V site plan for Ascot Office, located at the southwest corner of
N.E. 1st Avenue and N.E. 2nd Street.
Mr. Costin moved to postpone the appeal of the Historic Preservation
Board's action associated with a Class V site plan for Ascot Office, 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.A.A. ACCEPTANCE OF SIDEWALK EASEMENT: Approve acceptance
of a sidewalk easement for Lot 6, Block 59 - Linehan Property, located on the east side
ofN.W. 1st Avenue, north ofN.W. 1st Street.
Ms. McCarthy declared a conflict of interest and stepped down.
Mrs. Archer moved to approve the acceptance of the sidewalk easement,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin
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- Yes; Mrs. Archer - Yes; Mr. Levinsan - Yes; Mayor Perlman - Yes. Said motion
passed with a 4 to 0 vote.
9.B. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING~ INC.: Consider a request from Community Neighborhood Helping, Inc. for
financial support in the amount of $4,000.00 for their Glory Awards Event to be held on
June 4, 2004.
Robert A. Barcinski, Assistant City Manager, stated on April 26, 2004
staff met with the Grant Review Committee and after careful review staff recommended
not to fund this request. The Committee also felt that expenses could be reduced.
Brief discussion followed by the Commission.
Mayor Perlman asked staff if Community Neighborhood Helping, Inc.
receives Community Development Block Grant (CDBG) funds through the City. In
response, Lula Butler, Director of Community Improvement, stated Community
Neighborhood Helping, Inc. has not received any CDBG funds this current year;
however, some funding through CDBG funds was received for the past two years.
Mr. Levinsan moved to approve the funding request for Community
Neighborhood Helping, Inc., seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor
Perlman - No; Mr. Costin - No. Said motion to approve was DENIED with a 4 to 1
vote, Commissioner McCarthy dissenting.
9.C. CONDITIONAL USE REQUEST/APACHE OFFSHORE
POWERBOATS: Consider a request for conditional use approval to allow the
establishment of a boat manufacturing facility for Apache Offshore Powerboats, located
on the south side of Southridge Road, approximately 210 feet west of south Swinton
Avenue. (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 Quasi-Judicial 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. No ex parte communications were disclosed.
Paul Darling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-075 into the record.
Mr. Darling stated the property is 0.68 acres and is zoned I (Industrial).
The property contains an 11,200 square foot metal industrial building that was
constructed in 1980. The property is located on the south side of Southridge Road
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approximately 200 feet west of Swinton Avenue. The conditional use application has
been submitted to establish a boat manufacturing facility for Apache Offshore
Powerboats which will allow the conversion of the 11,200 square foot building to a boat
manufacturing operation. The applicant is not proposing exterior upgrades of the
building, landscape areas, or parking. The proposed hours of operation will be Monday
through Friday from 7:00 a.m. to 3:30 p.m.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the request and no one from the public spoke. After
discussing the proposal, the Board unanimously voted 5-0 (Borchardt and Pike absent) to
recommend approval of the boat manufacturing operation based upon positive findings
with respect to Chapter 3 (Performance Standards), LDR Section 2.4.5(E)(5)
(Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the
eight conditions outlined on page 8 of the Planning and Zoning staff report.
Mayor Perlman asked 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. Costin stated he noticed the applicant is not proposing upgrades to the
building landscape area or parking, etc. and asked if the landscaping is not desirable. In
response, Mr. Dorling stated it is his understanding that the site is in good shape and if it
was in need of these upgrades then staff would have added them as conditions of
approval.
Mayor Perlman commented about a news story with regards to litigation
over the name Apache and asked if this will impact the ability of the business to operate.
Mr. Dorling stated he is not aware of anything relating to the name of the business.
Mr. Levinson expressed concern that nothing addresses the smells/odors
and stated when a boat is manufactured with fiberglass it creates an odor and asked if this
was discussed at the meetings. Mr. Dorling stated this was discussed and it was resolved
satisfactorily. Mr. Levinson suggested that "smells emanating from the property shall be
contained on the property" be added as a condition of approval and also suggested air
scrubbers be installed to help alleviate the odors.
Mrs. Archer stated if the applicant is venting the smell, he would need to
have proper ventilation. She expressed concern over the noise the fan could potentially
generate. Mr. Levinson stated there are decibel ratings in terms of adjacent property.
Mr. Levinson inquired about the hours of operation. Mr. Dorling stated it
is his understanding that there was no concern at the Planning and Zoning Board meeting
and their application requested the hours from 7:00 a.m. to 3:30 p.m. but did not raise any
objection with regard to the hours being from 8:00 a.m. to 6:00 p.m.
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Mrs. Archer inquired about whether the motors are being tested indoors
versus outdoors on the site. Mr. Dorling stated the motors are actually being installed
off-site.
The City Manager stated one of the conditions is that the painting of boats
and method of installation/testing of engines is prohibited on this site.
Mayor Perlman suggested that the hours of operation be from 8:00 a.m. to
4:00 p.m. The City Manager stated it would be good to provide some flexibility (i.e. if
overtime is needed) and thus the reason for the hours of operation to be limited no earlier
than 8:00 a.m. and no later than 6:00 p.m., Monday through Friday.
The City Attorney stated the ninth condition should read "smells shall be
contained on the property."
Mr. Levinson moved to approve the Conditional Use Request to establish
a Boat Manufacturing Facility for Apache Offshore Powerboats based upon positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5)
(Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the
eight (8) conditions contained in the Planning and Zoning staff report; including
condition number nine (9) that smells shall be contained on the property, 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.
0.D.
REQUEST FOR IN-LIEU PARKING SPACES/PARADISE SALON
STUDIOS: Consider a request by Paradise Salon Studios for the purchase of six (6) in-
lieu parking spaces in the amount of $36,000.00. Paradise Salon Studios is located on the
west side of Pineapple Grove Way, south ofN.E. 2nd 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 #2004-132 into the record.
Mr. Dorling stated the Paradise Salon Studios will be located within the
former MDS Beauty Supply Store at 140 N.E. 2nd Avenue (Pineapple Grove Way). At its
meeting of April 14, 2004, the Site Plan Review and Appearance Board (SPRAB)
approved a Class IH site plan modification with conditions including that the applicant
obtain approval from the City Commission for six (6) in-lieu parking spaces prior to
issuance of a building permit. The development proposal involves the build-out of 2,898
square feet on the second floor to general commercial floor area/spa; conversion of a
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portion of the first floor (175 square feet) from retail to a snack bar (restaurant); and
construction of a 160 square foot general commercial addition. Mr. Dorling stated based
upon the additional area there are 35 parking spaces required and the applicant has
provided 29 parking spaces on-site. The applicant is seeking the purchase of six (6) in-
lieu parking spaces at the cost of $6,000 per space for a total of $36,000.
At its meeting of February 24, 2004, the Parking Management Advisory
Board (PMAB) unanimously recommended approval of the request of the six (6) in-lieu
parking spaces. Mr. Dorling stated given the availability of adjacent on-street parking
and the sites proximity to the Old School Square future garage location, staff also
recommends approval of this request.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., representing
Pineapple Grove Partners, L.L.C. (owner of the property), urged the Commission to
consider the ordinance which is in place and stated his client is proceeding under LDR
Section 4.6.9 regarding the in-lieu parking fee. Mr. Mankoff read into the record LDR
Section 4.6.9(E)(3) and Future Land Use Element Policy C-4.4. Mr. Mankoff urged the
Commission to follow the Comprehensive Plan, the LDR' s, the Pineapple Grove Master
Plan, and staff's recommendation to grant the in-lieu parking fee for up to six (6) spaces.
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding the 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.
Ms. McCarthy stated she had a meeting last week with Mr. Weiner and
she would like to verify if this is for the same property. Mr. Mankoff stated the meeting
she had with Mr. Weiner last week was regarding different property.
Mayor Perlman asked if there will be any on-street parking. Mr. Mankoff
stated they are creating more spaces that currently exist in the lot; however, this does not
give them the 36 parking spaces needed. He continued to state that they are actually
creating four (4) additional spaces that currently exist in the lot which brings them up to
30 parking spaces. In addition, Mr. Mankoff stated there will be no on-street parking in
this area.
Mayor Perlman stated the in-lieu fee was made for a situation such as this.
He stated Pineapple Grove is now the hottest street in Delray and in-lieu fees are
designed to attract as incentives. Furthermore, Mayor Perlman feels the City could
demand more money for parking in the future.
Mrs. Archer moved to approve the request from Paradise Salon Studios for
the purchase of six (6) in-lieu parking spaces at a cost of $36,000 to be paid in full upon
issuance of a building permit, seconded by Mr. Levinson. 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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9.E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/EXPANSION OF OLD SCHOOL SQUARE: Consider approval of an
interlocal agreement between the City and the Community Redevelopment Agency
(CRA) for the expansion of Old School Square to include land acquisition, parking
garage, and the downtown park.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down from the dais.
Mr. Costin declared a conflict of interest and stepped down from the dais.
The City Attorney stated this is an Interlocal Agreement between the City
of Delray Beach and the Community Redevelopment Agency (CRA) which relates to the
expansion of Old School Square, land acquisition, the parking garage and the downtown
park. The CRA will acquire certain lands and will grant them to the City.
Mrs. Archer moved to approve the Interlocal Agreement between the
Community Redevelopment Agency (CRA) for the expansion of Old School Square to
include land acquisition, the parking garage, and the downtown park, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 3 to 0 vote.
9.F. THIRD AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY: Consider approval of the Third Amendment to the
Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77
Development Group, L.C. to provide for a one (1) year extension of the closing of the
contract.
At this point, Mr. Costin returned to the dais.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down from the dais.
The City Attorney stated this is the third amendment to Block 77 and since
that time additional changes have been made to the agreement. The City Attorney stated
there was no end date in the contract and noted that the closing can be extended for a
period not longer than five (5) years from the date of the agreement if there are Acts of
God, moratoriums, or intervening litigation by a third party or matters outside the control
of Block 77 which prevent obtaining development approvals. The City Attorney stated
the CRA has indicated that they want the City to give its consent to the third amendment,
as a third party beneficiary to the contract.
Mr. Costin moved to approve the third amendment to the Block 77
contract between the Community Redevelopment Agency (CRA) and Block 77, 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.
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9.G. REQUEST TO RELEASE LIENS/COMMUNITY
REDEVELOPMENT AGENCY: Consider approval to release various nuisance
abatement liens on two parcels of property adjacent to each other, located along the east
side of S.W. 5th Avenue just north of S.W. 2nd Street. The Community Redevelopment
Agency (CRA) obtained title to the parcels which will be utilized for affordable housing.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down from the dais.
Brian Shutt, Assistant City Attorney, stated at its meeting of March 16,
2004, the Commission approved the transfer of the City owned parcel. Mr. Shutt stated
the liens were on property which the City transferred to the CRA and need to be released
in order to clear title to the property.
Mr. Costin moved to approve the request to release the liens as outlined in
the City Attorney's memorandum dated April 29, 2004, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Vice
Mayor McCarthy - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais.
0.H.
RESOLUTION NO. 30-04 (MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to the adopted budget for
FY 2004.
The caption of Resolution No. 30-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING RESOLUTION NO. 64-03 ADOPTED
SEPTEMBER 23, 2003, AND RESOLUTION NO. 15-
04 ADOPTED MARCH 11, 2004, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH, FLORIDA, FOR THE FISCAL
YEAR 2003/2004, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES
FOR THE OPERATING FUNDS OF THE CITY FOR
THE FISCAL YEAR 2003/2004; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
office.)
(The official copy of Resolution No. 30-04 is on file in the City Clerk's
Joseph Safford, Finance Director, introduced Resolution No. 30-04 which
amends the budget for fiscal year 2003-2004 and briefly explained the schedules
supporting the resolution.
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05/04/04
Mrs. Archer moved to approve Resolution No. 30-04, 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 5 to 0 vote.
9oio
REFERENDUM/REMOVING DEED RESTRICTION/CURRENT
LIBRARY SITE: Provide direction regarding when to place the question on the ballot
to remove the deed restriction on Lot 15, located behind the current library site.
The City Attorney stated a deed for the North 48 feet of Lot 15, Block
101, located behind the current library contains a restriction that can only be released by a
majority of those voting in a referendum. The restriction says that the lands are to be
used for municipal purposes but may be sold or transferred by the City if consent is
obtained in a special election. In order to place the question on the ballot, a decision
needs to be made on whether the question should be placed on the August 31, 2004
primary ballot or the November 2, 2004 general election ballot. The deadline to submit
the ballot question to the Supervisor of Elections is July 12, 2004 for the primary ballot
and September 10, 2004 for the November 2, 2004 general election.
Mr. Levinson asked if there are any other deed restrictions on other
properties that the City needs to do a title search on so that if there are other problems
such as this, it could be done simultaneously.
timing.
Mr. Costin inquired what would be most advantageous with regard to the
Mayor Perlman asked how long the Commission would have if they wish
to place this question on the August ballot. The City Attorney stated the Commission has
until July 12, 2004 if they wish to place this question on the August primary ballot. She
explained title work could take approximately six weeks and all ordinances, notices, etc.
has to be adopted and sent to the Supervisor of Elections by this date.
long.
Mayor Perlman expressed concern that the November ballot will be too
Ms. McCarthy expressed concern over whether or not six weeks is
sufficient time for the title work to be completed.
The City Manager suggested that this question be placed on the ballot for
March 8, 2005 in order to allow sufficient time for a title search.
It was the consensus of the Commission to discuss this further at the
Workshop meeting of May 11, 2004 and directed the City Attorney to bring back more
information regarding the title search.
At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
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05/04/04
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 21-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
1.4.1, "Interpretation of Land Development Regulations; Subsection 2.4.3(G),
"Architectural Elevations"; Subsection 4.3.3(O), "Townhouses and Townhouse Type of
Development"; Subsection 4.3.4(J)(4), "Increases to Height Regulations"; and (K),
"Development Standards Matrix"; Subsection 4.4.9(F), "Development Standards"; and
(G)(1), "West Atlantic Avenue Overlay District Supplemental District Regulations";
Subsection 4.4.13(A), "Purpose and Intent"; and (F), "Development Standards"; and (G),
"Supplemental District Regulations"; and (I), "Performance Standards"; Subsection
4.4.24(A), "Purpose and Intent"; and (F), "Development Standards"; Subsection
4.4.28(F), "Development Standards"; Subsection 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning"; Subsection 4.6.18, "Architectural Elevations and
Aesthetics"; and Appendix "A", "Definitions", to implement the Downtown Delray
Beach Master Plan. Prior to consideration of passage of Ordinance No. 21-04 on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 21-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 1.4.1, "INTERPRETATION OF
LAND DEVELOPMENT REGULATIONS;
SUB SECTION 2.4.3 (G), "ARCHITECTURAL
ELEVATIONS"; SUB SECTION 4.3.3 (O),
"TOWNHOUSES AND TOWNHOUSE TYPE OF
DEVELOPMENT"; SUB-SUBSECTION 4.3.4(J)(4),
"INCREASES TO HEIGHT REGULATIONS";
SUB SECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX"; SUBSECTION 4.4.9(F),
"DEVELOPMENT STANDARDS"; SUB-SUBSECTION
4.4.9(G)(1), "WEST ATLANTIC AVENUE OVERLAY
DISTRICT SUPPLEMENTAL DISTRICT
REGULATIONS"; SUBSECTION 4.4.13(A), "PURPOSE
AND INTENT"; SUBSECTION 4.4.13(F),
"DEVELOPMENT STANDARDS"; SUBSECTION
4.4.13 (G), "SUPPLEMENTAL DIS TRICT
REGULATIONS"; SUB SECTION 4.4.13 (I),
"PERFORMANCE STANDARDS"; SUBSECTION
4.4.24(A), "PURPOSE AND INTENT"; SUBSECTION
4.4.24(F), "DEVELOPMENT STANDARDS";
SUBSECTION 4.4.28(F), "DEVELOPMENT
STANDARD S"; SUB SECTION 4.6.4(A),
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05/04/04
"COMMERCIAL ZONING ADJACENT TO
RESIDENTIAL ZONING"; SUB SECTION 4.6.18,
"ARCHITECTURAL ELEVATIONS AND
AESTHETICS"; AND APPENDIX "A",
"DEFINITIONS", TO IMPLEMENT THE DOWNTOWN
DELRAY BEACH MASTER PLAN; TO MITIGATE
MASS/SCALE AND UNIFORM MONOLITHIC
APPEARANCE OF LARGE BUILDINGS; AND TO
PROVIDE THAT THE ARCHITECTURAL
COMPOSITION OF NEW DEVELOPMENTS
INCORPORATE ARCHITECTURAL FEATURES THAT
PROVIDE VISUAL INTEREST, WHILE ALLOWING
DESIGN FLEXIBILITY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 21-04 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
from the public who wished to address the Commission regarding Ordinance No. 21-04,
the public hearing was closed.
Prior to the vote, Mr. Levinson stated he wants to make sure staff provides
for language that may not have been a part of the document that we may wish to
incorporate into the Plan.
Thuy Shutt, Urban Designer for the CRA, stated the CRA has a thirty (30)
day effective date delay and in approximately six (6) months this will be revisited once
the Comprehensive Plan and the Rezoning is in order.
Mayor Perlman thanked Mrs. Shutt and Jaime Correa, Consultant with
Correa & Associates, for all their hard work. Mayor Perlman stated this represents a
significant achievement and is a direct result of the Downtown Master Plan.
Mr. Costin moved to adopt Ordinance No. 21-04 on Second Reading and
Second Public Hearing, seconded by Mrs. Archer. 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.
10.B. RESOLUTION NO. 17-04 (CRA REDEVELOPMENT REVENUE
BONDS): Consider re-adoption of Resolution No. 17-04 authorizing the Community
Redevelopment Agency of the City of Delray Beach to issue Redevelopment Revenue
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05/04/04
Bonds not to exceed $12,000,000.
The caption of Resolution No. 17-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY (THE "AGENCY") TO
I S SUE TAX INCREMENT REDEVELOPMENT
REVENUE BONDS, IN ONE OR MORE SERIES (THE
"BONDS"), IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED TWELVE MILLION
DOLLARS ($12,000,000) UPON TERMS
HEREINAFTER DESCRIBED; AUTHORIZING THE
PROPER OFFICIALS OF THE CITY TO DO ALL
OTHER THINGS NECESSARY TO ASSIST THE
AGENCY IN THE ISSUANCE OF THE BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 17-04 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down from the dais.
The City Attorney stated this resolution was approved by the CRA and the
City Commission; however, Bond Counsel and others were concerned because certain
notices were not previously sent. The City Attorney stated since this time the proper
notices have been sent.
Vice Mayor McCarthy declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Resolution No. 17-
04, the public hearing was closed.
Mr. Levinson moved to re-adopt Resolution No. 17-04, 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.
10.C. ORDINANCE NO. 27-04: An ordinance amending Chapter 35,
"Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of
Ordinances, Section 35.097, "Retirement Income; Basis Amount and Payment", to clarify
the optional forms of benefit. Prior to consideration of passage of Ordinance No. 27-04
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
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05/04/04
time.
The caption of Ordinance No. 27-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION
35.097, "RETIREMENT INCOME; BASIS, AMOUNT
AND PAYMENT", TO REVISE THE OPTIONAL
FORMS OF BENEFIT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27-04 is on file in the City Clerk's
office.)
At this point, Mayor Perlman returned to the dais.
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
from the public who wished to address the Commission regarding Ordinance No. 27-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 27-04 on Second and FINAL
Reading, seconded by Mr. Levinson. 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.
10.D. 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. Prior to consideration of passage of Ordinance No. 23-04 on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
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
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05/04/04
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.
office.)
(The official copy of Ordinance No. 23-04 is on file in the City Clerk's
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
from the public who wished to address the Commission regarding Ordinance No. 23-04,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 23-04 on Second and
FINAL Reading, 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.
10.E.
TRANSFER OF PROPERTY/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Consider approval of transferring a two (2) foot strip
of property adjacent to Atlantic Avenue (new library site) to the Florida Department of
Transportation which is requiring this road for right-of-way. Prior to consideration of
passage of this item, a public hearing has been scheduled to be held at this time.
Brian Shutt, Assistant City Attorney, stated the Florida Department of
Transportation (FDOT) has requested a two foot strip along property the City of Delray
Beach currently owns and noted this item has been advertised for a public hearing.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding this item, the public
hearing was closed.
Mr. Levinson inquired if the library has provided for this in their setbacks.
Mr. Shutt stated it is his understanding that the Engineering Department has been dealing
with this for quite some time. Paul Dorling, Director of Planning and Zoning, stated the
library has provided for this in their setbacks.
Mr. Costin asked if this maintains a steady amount of land for the right-of-
way in relation to the contiguous blocks. Mr. Dorling stated as redevelopment occurs
along Atlantic Avenue, staff has taken into consideration the two feet from the properties.
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05/04/04
Mrs. Archer moved to approve the transfer of a two foot strip of property
adjacent to Atlantic Avenue to the Florida Department of Transportation, 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.
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 concern expressed about the Linton Boulevard
Bridge noise problem, the City Manager stated staff did revisit the Engineers report that
the County had done and noted two problems. The City Manager stated if concrete were
put in, the size of the counterweight would have to increase and the way this bridge is
constructed there is not sufficient room to make the counterweight any larger. Secondly,
the City Manager stated the bridge structure itself would not support the additional
weight during the opening and closing. Staff is looking into alternative means of
deadening the noise.
11.B. From the Public.
ll.B.1. Maureen Turner~ 1012 Del Harbour Drive~ Delray Beach~ stated she
appreciates everyone looking into the matter of the Linton Boulevard Bridge; however,
Mrs. Turner commented that the design letter stated the bridge could be fixed at a cost of
$3 million.
Secondly, Mrs. Turner stated there is so much discussion about the
Apache Powerboats and the decibel levels etc., she feels the Linton Bridge is a primary
concern which needs to be addressed immediately. She commented about the decibel
levels from the Engineering report and urged the Commission to get involved and address
this issue.
ll.B.2. Al Williams~ 734 East Chatelaine Boulevard~ Delray Beach~ expressed
concern over the Carver Estates issue and urged the Commission to keep in mind that this
change will not only affect the residents who live in Carver Estates but will also affect a
large portion of the students from the Village Academy who reside in Carver Estates.
ll.B.3. Ben Augustyn~ 718 South Lake Avenue~ Delray Beach~ distributed an
editorial to the Commission written by his wife and expressed concern over the sober
houses. He feels the issue is about public safety and urged the Commission to establish a
Committee to look into the nature of sober houses.
Mrs. Archer stated the Drug Task Force has been involved and is aware of
the growth in the number of sober houses throughout Delray Beach. The Federal
Government prohibits municipalities on maintaining records on where the sober houses
are located and what crime rates may be adjacent to them. Mrs. Archer stated they
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05/04/04
cannot attribute any crime to a particular sober house because individuals living in
recovery facilities are considered disabled and they cannot be discriminated against. Mrs.
Archer stated the City has tried to support this new association who is trying to raise the
standard of business professionalism on those individuals who do operate sober houses to
try and make them understand what requirements they should be meeting. In addition,
Mrs. Archer stated the City is in the process of hiring a Rental Code Enforcement
Specialist to make sure that the rights of the individuals as far as the City enforcing them
are being met.
Mayor Perlman suggested that Mr. Augustyn contact his Federal
Congressman.
ll.B.4. Robert Finkel~ 317 Coral Trace Court~ Delra¥ Beach~ stated he would
like to know in writing from the City Manager's office how much profit was made from
the Tate property and what was done with it.
ll.B.5. Patricia Truscello, 829 North Lake Avenue, Delray Beach, stated she
has a petition with approximately 90 signatures of people who agree that the sober houses
should not be high density.
At this point, the time being 7:38, the Commission moved back to the
Item 9.J. of the Regular Agenda.
9oJo
REVISED STANDARD FORM CONSTRUCTION CONTRACT:
Consider approval of the revised Standard Form Construction Contract.
Brian Shutt, Assistant City Attorney, stated his memorandum explains
the major changes to particular sections of the Standard Form General Construction
Contract.
Mr. Costin moved to approve the revised Standard Form Construction
Contract, 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.
9.K. BRIDGE OPENINGS: Consider approval of a proposed bridge opening
schedule based on an impeding rule from the Coast Guard.
The City Manager stated staff has received notice from the Coast Guard
regarding the proposed bridge opening schedule every half hour and in looking at the
spacing between the bridges, staff believes the Linton Boulevard Bridge should be
adjusted so that it would open on the hour and the half hour. In addition, the City
Manager stated the operator of the Pilgrim Belle and their eco-tour boat indicated that it
would take them 2 lA hours to get from Delray Beach to the Boca inlet. Therefore, the
operator has requested that the Coast Guard allow a commercial exemption to the
proposed schedule for the Spanish River and Palmetto Park bridges.
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05/04/04
Mr. Levinson suggested the bridge openings be staggered every 15
minutes, and that staff include the Palmetto Park Bridge in their recommendation to the
Coast Guard regarding the commercial exemption because of the unique current problem
with the tide.
Brief discussion by the Commission followed.
Mr. Levinson moved to approve staff's recommendation for the Linton
Boulevard Bridge to open every hour and half hour; and, support the commercial
exemption, seconded by Mrs. Archer. 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.L. AGREEMENT/ZOLL MEDICAL CORPORATION: Consider
approval of an agreement between the City and Zoll Medical Corporation to provide the
Fire Department with educational grant incentives in the amount of $2,000.00 in
exchange for the City' s participation in a study regarding AED defibrillators.
Terrill Pyburn, Assistant City Attorney, stated this agreement provides the
City's Fire-Rescue Department with educational grant incentives in the amount of $2,000
in exchange for the City's participation in a study regarding the Automatic External
Defibrillators (AED). The information transmitted is Health Insurance Portability and
Accountability Act (HIPAA) compliant.
Prior to the vote, Mayor Perlman stated there is a 30% survival rate for the
cardiac support and the National Average is 5%. He feels this is a tremendous
accomplishment and thanked the Fire-Rescue Department.
Mrs. Archer moved to approve the agreement between the City and Zoll
Medical Corporation, 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.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 24-04: An ordinance amending the Land
Development Regulations Section 4.6.15(G) regarding swimming pool setback
requirements. If passed, a public hearing will be scheduled for May 18, 2004.
The caption of Ordinance No. 24-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
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05/04/04
AMEND1NG SUBSECTION 4.6.15(G), "YARD
ENCROACHMENT"; TO ALLOW POOLS TO EXTEND
WITHIN FIVE FEET OF THE PROPERTY L1NE FOR
ZERO LOT L1NE DEVELOPMENTS, EXCLUDING
PERIMETER LOTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 24-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated in order to provide
clarification, the amended ordinance changed the caption to allow additional language
which reads "to allow pools to extend within five feet of the property line for zero lot line
developments, excluding perimeter lots."
Mr. Dorling stated the current request is to reduce the side interior setback
within zero lot line developments from ten feet to five feet. The proposed amendment
includes a provision that pools are prohibited within utility easements, unless written
approval is provided by the easement holder and a hold harmless agreement is executed.
Mr. Dorling stated this is a privately initiated LDR amendment.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing regarding this item and there was no public testimony regarding the
proposed amendment. After discussing the amendment, the Board unanimously voted 5-
0 (Borchardt and Pike absent) to recommend to the City Commission approval of the
proposed amendment to the Land Development Regulations Section 4.6.15(G), based
upon positive findings with respect to LDR Section 2.4.5(M).
Mr. Costin moved to approve Ordinance No. 24-04 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.
12.B. ORDINANCE NO. 25-04: An ordinance amending the Land
Development Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and
special qualifications for the Site Plan Review and Appearance Board and the Historic
Preservation Board. If passed, a public hearing will be scheduled for May 18, 2004.
The caption of Ordinance No. 25-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 2.2.3(B), "COMPOSITION
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05/04/04
AND SPECIAL QUALIFICATIONS" AND
SUBSECTION 2.2.6(B), "COMPOSITION AND
SPECIAL QUALIFICATIONS"; PROVIDING A
REPEALER CLAUSE; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 25-04 is on file in the City Clerk's
Paul Dorling, Director of Planning and Zoning, stated this ordinance is
being processed to ensure adequate representation by members with a discipline
determined to be critical to the conduct of the Board's business. It appears that there may
be a conflict with Board members representing their items before the Board they
currently serve on.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing. There was no public testimony regarding the amendment and after
discussing the amendment, the Board voted 4-1 (Peltzie dissenting, Borchardt & Pike
absent) to recommend approval of the proposed amendment, based upon positive findings
with respect to LDR Section 2.4.5(M).
At its meeting of April 21, 2004, the Historic Preservation Board (HPB)
voted 5 to 1 (Schatz dissenting, Miller absent) to recommend approval of the LDR
amendment. At its meeting of April 28, 2004, the Site Plan Review and Appearance
Board (SPRAB) unanimously recommended approval of the amendment.
Prior to the vote, Mr. Levinson asked what other cities do. The City
Attorney stated this is not unique to Delray because this is a State law. In addition, the
City Attorney stated there are also some waivers that can be done by the City
Commission. Mr. Dorling stated staff can try and obtain information regarding what
other cities do and bring back to the Commission at second reading.
Mrs. Archer moved to approve Ordinance No. 25-04 on FIRST Reading,
seconded by Ms. McCarthy. 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.
12.C. ORDINANCE NO. 28-04: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.105, "Administration by Retirement
Committee", by amending Section 35.105(A)(1), to provide for the naming of the
position of Finance Director as a member of the board. If passed, a public hearing will be
scheduled for May 18, 2004.
The caption of Ordinance No. 28-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 35.105, "ADMINISTRATION
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05/04/04
BY RETIREMENT COMMITTEE BY AMENDING
SECTION 35.105(A)(1), TO PROVIDE FOR THE
NAMING OF THE POSITION OF FINANCE
DIRECTOR, AS A MEMBER OF THE BOARD AND
PROVIDING THAT THE FOUR OTHER MEMBERS
MAY BE CITY OFFICIALS OR EMPLOYEES AND
SHALL BE APPOINTED BY THE CITY COMMISSION,
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
The City Attorney stated this ordinance is in response to a recent Attorney
General Opinion regarding ex-officio membership for City Boards.
Mrs. Archer moved to approve Ordinance No. 28-04 on FIRST 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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager commented that the Goal Setting Sessions today were
very productive.
Secondly, the City Manager commented about the Michael W. Smith
concert on July 22, 2004 at the Tennis Stadium and stated that according to the feedback
he is receiving, there is a good chance the concert will sell out.
13.B. City Attorney
The City Attorney commented about the Adult Entertainment Bill.
13.C.
13.C.1.
City Commission.
Mrs. Archer
Mrs. Archer announced she will be out of town for the June 1, 2004 City
Commission meeting.
- 25 -
05/04/04
After brief discussion, it was the consensus of the Commission to
reschedule the June meetings to June 8th (Regular), June 15th (Workshop), and June 22nd
(Regular).
She publicly thanked and commended Brahm Dubin and his staff for all
their efforts with making the Davis Cup a success.
Mrs. Archer stated she received a complaint from an individual about the
markings on the roadway (Federal Highway and Linton Boulevard). She stated on the
northbound lane for the left hand turn going west one of the two lanes is not marked and
this is causing a lot of confusion. Mrs. Archer suggested that staff check on the markings
for this area and see if any changes or adjustments can be made.
today.
Lastly, Mrs. Archer stated the Goal Setting Session was very productive
13.C.2.
Commissioner Costin
Mr. Costin concurred with comments expressed by Mrs. Archer and feels
a lot was accomplished during the Goal Setting Session.
13.C.3.
Commissioner McCarthy
Ms. McCarthy thanked the citizens who joined the Commission last night
to be part of the Strategic Plan for next fiscal year. In addition, Ms. McCarthy thanked
the City Manager for keeping this process in the Budget and thanked the Mayor for
embracing this and helping to move it forward.
13.C.4.
Commissioner Levinson
Mr. Levinson reported that the level of service for Fire-Rescue has been
resolved and stated there are 94% of people that are serviced by agencies that do comply
with the current level of service as proposed by the County. They are working diligently
over the next three years on a voluntary basis to comply to what has been done with
Highland Beach and Gulf Stream. Mr. Levinson stated hopefully there will be partnering
of cities to satisfy the requirement.
Secondly, Mr. Levinson stated the County is trying to identify whether or
not there will be a Charter amendment to change the way in which annexations are done.
Mr. Levinson stated the thoroughfare issue has now been put into a
proposed voluntary effort.
He commented about the FPL issue regarding the transmission lines and
stated when the engineering is identified for the preferred route it will be communicated
- 26 -
05/04/04
to the City to discuss with the appropriate condominium associations regarding what
impact this may have.
Lastly, Mr. Levinson stated the Leadership Summit was terrific for the
community and commented people were both constructive and positive in their
suggestions.
13.C.5.
Mayor Perlman
Mayor Perlman stated the East Boynton Beach Little League of 2003
presented the City with a plaque for its generous support.
Secondly, Mayor Perlman reiterated that the Goal Setting Session was
very valuable. He stated it is great to review the prior year to see the City's success and
accomplishments and to also look forward five years with the help of staff and the
residents. He feels this is what sets the City apart from other cities.
Lastly, he commended the entire City staff with regard to the special
events over the last month and stated everything went very smoothly and there were no
public safety incidents.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:05 p.m.
City Clerk
ATTEST:
~-~ ~4 Ay dlk~ ~
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 May 4, 2004, which Minutes were formally approved and adopted by the City
Commission on ~hay 18, 2006
-27 -
05/04/04
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 28 -
05/04/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
DATE O.~J. WI~IC~ ~OTE .OC~CURRED
NAM~t ~'~ ~Y7~/~l ~ ~OF BOARD, COUNCIL,t ~..~C MISSION, AUTHORITY, OR COMMITTEE
THE SOARO, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
r~ COUNTY n OTHER LOCAL AGENCY
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, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes..
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will va~ greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the insb'uctions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3'143, FLORIDA STATUTES
~, person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
~ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
· ~ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vota basis are not prohibited from voting in that
capacit".
For ? ~ ~ses of this law, a ~relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mothe~ln-law, son-in-law, and daughtar-in-law. A "bus!ness associate" means any person or entity engaged in or carrying on a business
enterprise with the ofticer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed oq any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described aboVe, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should lncerporate 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
-'~ust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wdting 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
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
· A COPY of the form must be provided Immediately to the other members of the agency.
The form muet 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 file it within 15 days after the vote occurs with the pemon responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
i . i
(a) A measure ~me or will ~me ~fom my agen~ whi~ (che~ one)
/
inur~ to my s~clal private gain or loss;
~u~ to ~e spe~al gain or I~ of my business assoda~,,,
~ inur~ to the special gain or loss of my relative, ..
~ inured fo the special gain or loss o[
whom I am m~ined; or
is the parent organiza~on or subsidia~ of a principal whl~ has re~ined me,
(b) ~e measure ~fom my ~en~ and ~e na~m ~ my ~fli~ng in~m~ in ~e measure is as ~ll~s:
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY SE 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
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~a, ST NAME---FIRST NA~ME~[DDLE NAME
Robert Costin
MAILING ADDRESS
P.O. Box 2016
CITY COUNTY
Delray Beach~ Florida Palm Beach
DA~ ON WHICH VOTE OCCURRED
5/4/04
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
Delray Beach City Commission
THE BOARD; COUNCIL, COIvlMISSION, AUTHORITY OR COMMITTEE ON
WHICH t SERVE IS A UNIT OF;
[~[CITY E] COUNTY [] OTHER LOCAL AGENCY
City of Delray 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, 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
comptating the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
surs which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business assodate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officors of independent special tax districts elected on a one-acrs, one-vote basis ars not prohibited from voting in that
capacity.
For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or enUty engaged in or carrying on a business
enterprise with the ofrmer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
ars not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CEFORMSB-EFF. 1/2000 .~ .~ (~ .~ pAGEt
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 et 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 file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Robert: Cos t in , hereby disclose that on Hay -4
(a) A measure came or will come before my agency which (check one)
~X inured to my special pdvato gain or loss;
__ inured to the special gain or loss of my business associate,
__ inured to the spoclal gain or loss of my relative,
__ Inured to the special gain or loss of
whom I am retained;or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure Is as folloWS:
I previously sold my business which was a tenant in the Love Building.
,20 04 :
Date Filed ' 5/4/04 ~ature~~
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 8B - EFF, 1/2000 ~ PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
AST NAME~IRST NAME~IDDLE NAME
Perlman~ Jeffrey ~.
MA~LING ADORESa
971 Delray Lakes Drive
CITY COUNTY
Delray Beach, Florida 33444 Palm Beach
DATE ON WHICH VOTE OCCURRED
NAME OF BOARD, COUNCIL, COMMISSION, AUTHOR,~t'. OR COMMITTEE
Delray Beach City Commission
1HE eo~o, COUNCIL. COMMISSION, AUTHORITY OR COMMi I I r.t= ON
WHICH I SERVE IS A UNIT OF:
City of Delray Beach
~ a~c~vE Q A~O~N~VE
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, counci{,
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 tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public Office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in.law,
mother-in.law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the ofrmer as a partner, joint venturer, coowner of property, or Corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form in the minutas.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you cthenvise may participate in these maffers. However, you
must disclose the nature of the contiict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to intiuence the decision) with the person responsible for recording the'
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other aide)
CE FORM 88- EFF. 1/2000 '~;;~J¥,~t o'~-----' PAGE1
APPOINTED OFFICERS (continued) **~ *'
· A copy of the fo~n must be provided Immediately to the other membem of the agency.
· The form must be read publiciy at the next meeting alter 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 file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must inco~oorate 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 alter the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey L Perlman , hereby disclose that on . May 4
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
__ inured to the special gain or loss of my business associate,
..X.. Inured to the speciel galn or loss of my relative, Diane Col6nna
~ inured fo the special gain or goss of
whom I am retained; or
__ inured to the apedal gain o~ loss of
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,20 04 :
, which
Diane ColOnna, my wife, is director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly a~fect the Community Redevelopment
Agency.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY SE 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
PAGE2
FORM 8B MEMORANDUM OF VOTING coNF'LICT FOR
--COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
TNAJvtE-~ClRSTNAME--MIDD~NAME
Perlman, ~eff~e~ L.
M~ULING ADDRESS
971Delray Lakes Drive
CITY COUNTY
Delray Beach, Florida 33444 Palm Beach
OATE ON WHICH VOTE OCCURRED
~ 5/4/04
NA~4E OF BOARD, COUNCIL~ COMMISSION, AUTHORITY, CR COMMIE
De]ray Beach Citv Commission
THE ~:3,~*RD; COUNCIL, COMMISSION, ALrlHOR~TY OR COMMiTrEE ON
WHICH I SERVE IS A UNIT OF:
E3 COUNTY ~ oTHER LOCAL AGENCY
NAME OF pOLITICAL suaoIvISlON:
City of Delray Beach
MY PosmoN IS:
~[ ELEC~VE · ~ APPomrnVE
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, council,
commission, authority, or committee. It applies equally to members of advisory and :non,advisory bodies who are presented :with a vsting
contiict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and tiling the form·
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLUORiDe, STATUTES ~
person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Jres to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly, vOting On a r~ea;
~ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained ;(including the
parent organization or subsidiary of a corporate principal by which he or she is retained); tO the special pdvate gain or loss of a relative; or
to the special pdvato gain or loss Of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife. brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the ofrmer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the contiict:
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 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:
Although you must abstain from voting in the situatiOns described above, you otherwise may participa~te in these ma~ers~ H0~ev~,,yc~u
'--asr disclose the natu~'e of, the conflict befote making any attempt t° intiu~nco the d~i~ ~n whether om Y or n wr ~ng,and whether made
, you or at You~ direction.. ·
IF YOU INTENO '1~O MAKE ANy ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE ~LL:BE
TAKEN:
· You must compieta and file this form (before making any attempt to Influence the decision) with the person responsible for recording
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CEFORMSB-EFF. 1/2000 ~ (~.t't't't'~ PAGEt
APPOINTED OFFICERS ,(continued)
A coP~'~Of ~e'foi~Fmusf be provided ~immedlateiy. to the ot~er:me~b~rs:rdf the agency. : ~:
T~e form must be i'ead publicly at the next meeting after the form is tiled.
IF YOU MAKE NO A'I-rEI~IPT TO NFLUENCE THE DEC S ON EXCEPT BY D SCUSS ON AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participat ng
You mUst complete the form and file it within 15~deys after the VOte occurs with the pemon responsible for recording the minutes of the
.meeting, who,must incorporate the form in the minutes. A copy of the form must be provided immediately to the Other rnem§ers ~f the
agency, and th~ for~ m~lst be read publicly at the next meeting alter the form is tiled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
'l, Jeffrey' :L; Perlman
, hereby disclose that on May 4 ~' ,20 04
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
~ Inured:to the special gain or loss of my business associate;
'~. k{d~d~t~ the Special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
Inured to the spec~l gain ~r loss of
Diane Colonna
, by
is ~eparento~anizaUonoreubsidia~ ofaprinclpalwhichhasreta~ed me.
(b]The measure be~re myagencyandthenature ofmyconfli~nglntarestin the measureis, as ~llows:
Dfane~ 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.
5/4/04
Date Filed Sig
NOTICE: UNDER :PROVISIONS OF FLORIDA STATU~ES §112:317, A FAILURE TO MAKEANY REQUIRED DISCLO~R~
CONSTITUTES GROUNDS FOR'AND MAY BE PUNISHED BY oNE OR MORE OF THE I~OLLOWING; IMPEACHMENT, I
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SA~Y, REPRIM~D,
CIVIL PENAL~ NOT TO ~CEED $10,~0;
I
CE FORM 8B - EFF. 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING COI 'FLICT FOR
-COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
TNAME---FIRSTNAME--MIDD~NAME
Perlman, 2mff{e~ L.
MAJLING ADDRESS
971Delray Lakes Drive
Delr. ay Beach, Florida 33444 Palm Be~ch
NA~E O~ SOARD, COUNCIL, COMMISSION. AUTHO~TY, OR COMMIT[E~
Delrav Beach City Commission
THE BOARD, COUNCIL, COMMISSION, A~IORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
,~' ~ITY r~ COUhPFY r~ OTHER L(~-~AJ. AGJ:NCY
NAME OF POLITICAL SUeOIVISION:
ELECTIVE
City of Delray Beach
Q aPpO~N~VE
WHO MUST FILE FORM 8B
· '~is form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or dommittee. It applies equally to members of advisory and non-advisory bodies who are presented'With a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatlY dePending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions On this form before
completing the reveree side and tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
utes to his or her special private gain or loss, Each elected or appointed local offiCer also is prohibited from knowingly vOting on a meaj
edre which inures to the special gain or loss of a principal lo{her than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate 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-vcte basis are not prohibited from voting in that
capacity.
For purposes of this laW, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughtur-in-taw. 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 ot property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining Imm 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 otherwse may partic pa~e n thesP ~ters H0wever ~you
ust disclese the nature o! the confl~ct before making any attempt to ~nfluence the decision whether orally or in wnting and whethermade
~, yOu or at your direction
iF YOU INTEND TO ~AKE ANY ATTEMP1~ TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to intiuenco the decision) with the person responsible for recordingthe
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CEFORMSB-EFF. t~000 ~ ~. ~ PAGE1
APPOINTED OFFICERS (continued) '*; '~
· A ~:Of the form must be prov ded intmediatelyto the otoer memb~m of the ,agehcy. ~ i
· The form must be read Publicly at the next meeting after iht form s filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECIS ON EXCEPT BY DISCUSSION AT THE MEETING:
· You must disciose orally the nature of your conflict in the measure before participating.
· You must completa the form and file it within 15 days after the ~;.,ota occum with the pemon respoosible for recording the minu[e~ 0f the
meeting, who must incorporate the form in the minutes. A copy or, the form must be provided immediately to the Other ~b6rs'0f
agency, and the form must be read publicly at the next meeting after the form is tiled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
'l, Jeffrey .L~ Perlman
. hereby disclose that on May 4 .. 20 04
(a) A measure came or will come before my agencywhich (check One)
inured to my special private gain or loss;
inuredto the special gairt or lOss of my business associate, ' .'
X 'inUred tothe special gain Or loss of mY relative, Dilate C01onna
inured to the special gain or loss of
whom I am retained; or
__ Inumd to the ~pec!al gain O*' los, sof , , ,., ,, ......
is the parent organization'or subsidia~y of a principal which has retained me.
(b) The measure before my agency and the nature of my confliCting.interest, in the measure iS as follows:
Diane e0lonna, my wife, ig Diraet0r ~f [he gommun±~y R~dev~10Pm~
I have a Conflic~ voting on item~ ·that directly affect the c0mmunit~'
Redevelopment Agency.
, by
' 5t4~o4
Date Filed
NOTICE: UNDER PROvIsiONs OF ~LORIDA=STATUTES {]1'12;31'~: A FXiL~RE ~ M~KE:~Ny~EQ~iR~b Di~CLQ~-R~ ~"
CONSTITuTESGROONDS FOR A~D MAVB~ ~O~i~Eb By oN'E OR MORE 5F
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION REDUCTION IN SA~Y, REPR a~D,
CIVIL.PENAb~ NOT TO EXCEED $10;000~ ' :.
CE FORM 8B - EFF. 1/2000
PAGE2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
--COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
rNAME---FtRSTNAME--MIODLENAME
Perlman~ J~fftey L.
MAILING ADORESS
971Delray Lakes Drive
Delray Beach, Florida 33444 Palm'Bea~h
....
N~ME OF BOARD. COUNCIL, COMMISSION. AUTHOPJTY. OR COMMITTEE
Delrav Beach Citv Commission
THE BOARD. COUNCIL, COMMISSION AOTHORn~' OR COMMII'FEE ON
'AH[CH I SERVE IS A UNIT OF:
0 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-adv so~y bodies who are presented with a voting
contiict of interest under Section 112.3143. Florida Statutes.
· Your responsibilities under the law when faced with voting on a measure in.which you have a contiict of interest Will vary"grsatiy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the insti'uctions on this form before
completing the reveme side and tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
pemon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Jres to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibti~d from knowingly ¥otin~; on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate gain or loss of a relative; or
to the spectal private gain or loss of a business associate. Commissionem of community redevelopment agencies under Sec. 163.356 or
163.357, F.S, and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-lo-law, son-In-law, and daughter-in-law. A 'business associate" means any pemon or entity engaged in or carrying on a business
enterprise with the offmer as a partner, joint venturer, coowner of pmparty, or corporate shareholder (where the shams of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the contiict:
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 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,.~,oU
--'u'~ di~clese the nat~ of the'conflict be~'ote making :a'ny ~ttemp{
~ yOU or, at yoW direction.
IF yOU INTEND~TO M,~KE ANy ATI'EMPT TO INFLUENCE ~HE DEClSi0N pRi0R T° THE MEETING ATWHICH THE VOTE WJLL
TAKEN:
· You,must complete and file this form (before making any attempt to influence the decision) with the pemon responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CEFORMSB-EFF. I/2O~O ~ [C), ~:) PAGE1
APPOINTED OFPICERS (continued)~ ,,
~ ost be ~ mmed r
· A~ePY0fth m ed:i latelytotheothe *me f a~cY.: . '~' .,
· The form must be read,pUblicly at the: Next me&ung after the form is tiled.
IF YOU MAKE NO ATTEMPT TO NFLUENCE 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 file it within 15 days:after the v0te occurs with the person responsible for Fecording the minute~ Of the
meeting, who:must incorporate the form in the minutes. A copy ofthe form must be provided immediately to the,other- ~d~h~:6f ~,
agency, and the form mus! be read pub idy at the next meeting after the form is tiled.
DISCLOSURE OF LOCAL OFF!.CER,S INTEREST
i, Jeffrey .L; Perlman
, hereby disclose that on May 4 .'
(a) A measure came or wi come before my agency which (check one):
inured to my special private gain or loss;
200/+ :
Inuredd~o the SPOClal gain or loss of my bus ness associate,, :
Ih:uteri:tO th~ ~aaal ~i~ ~r loss Of my rel~e, Di~e ' dO'lo'ha ' ~
inured ~ the special gath or loss of
w~m I am re~ined; ~
thur~ ~ ~e spot? gain ~ Io~ of
, by
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my. age~!cy a~nd ~e nature of my conflicting InteresLIn themeasure is~ as follows.'
DSane 'Cbl'o.na; 'mY wi~'e, i~ DireCtor ~Of ~,h~ 'C6=~i~y Rede~p~ment
I have a donflicfi Voiing :on items ·chat directly affect the cbmmunityl
Redeve~o'Pment AgencY.
Date Filed
NOTICE:UNDER PROVISIONs OF: FLORIDA STAtUTE~ ~112 31YX :FA LU~ ~A
(,:,ONSTITUTES'GROUNDS FOR'AND MAY BE PUNISHED By ONE OR MORE OF tHE ~OLLOwING:iIMpEACHMEN'[,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCT ON N SALARY REPRIMAND, ORA
CIVIL PENALTY NOT TO.EXCEED $10;000;~
CE FORM 88 - EFF. 1/2000
PAGE 2