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07-06-04 MinutesJULY 6~ 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, July 6, 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, Acting City Clerk 2_ The opening prayer was delivered by Pastor Jean Lyonel with Light of Hope Tabernacle Church. o given. The Pledge of Allegiance to the flag of the United States of America was o AGENDA APPROVAL. Mr. Levinson requested to move Item 8.J.l., Award of Bids and Contracts from the Consent Agenda to the Regular Agenda as Item 9.A.1. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of June 22, 2004, 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. 6. PROCLAMATIONS: 6.A. Reco~nizin~ and commendin~ Lula Butler, Director of Community Improvement - Florida League of Cities "Florida Cities of Excellence" City Employee of the Year Award Mayor Perlman read and presented a proclamation commending and honoring Lula Butler in recognition of winning the 2004 "Florida League of Cities of Excellence" City Employee of the Year Award and her many accomplishments and years of dedicated service to the City of Delray Beach. In addition, Mayor Perlman presented Mrs. Butler with a framed picture to commemorate the evening. Lula Butler, Director of Community Improvement, thanked the City Commission for their support and allowing her to serve the community. o PRESENTATIONS: None. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/NIETO PARK PLAT: Approve the subdivision plat for the Nieto Park Plat located on the north side of the 300 Block of S.W. 3rd Street. 8.B. SERVICE AUTHORIZATION NO 10.1: Approve Service Authorization No. 10.1 to CH2M Hill, Inc. in the amount of $17,532.00 for additional services in conjunction with the N.W./S.W. 5th Avenue Beautification Project. Funding is available from 334-4141-572-65.83 (General Construction Fund/Beautification/N.W./S.W. 5th Avenue). 8oCo SERVICE AUTHORIZATION NO. 1/CORNELL PARK/ROBERT WALTERS ARCHITECTS, INC.: Approve Service Authorization No. 1 to Robert Walters Architects, Inc. in the amount of $27,000.00 for consulting services for the development of Cornell Park to include site survey, master planning, stakeholder consensus building, preliminary and final sight plan development and engineering. Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park). 8.D. PURCHASE ORDER INCREASE/LIQUID CHLORINE: Approve an increase of $55,000.00 to blanket purchase order #614892, Jones Chemicals, Inc., for the purchase of liquid chlorine for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 8.E. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/Il07 SOUTH OCEAN BOULEVARD: Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way (located at 1107 South Ocean Boulevard) and approve a Hold Harmless Agreement with -2- 07/06/04 the developer (Mark Timothy, Inc.). 8.F. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/602 NORTH OCEAN BOULEVARD: Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way (located at 602 North Ocean Boulevard) and approve a Hold Harmless Agreement with the developer (Michael E. Neuman). 8.G. RESOLUTION NO. 52-04: Approve a resolution supporting a referendum to be held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide. The caption of Resolution No. 52-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SUPPORTING A REFERENDUM TO BE HELD ON NOVEMBER 2, 2004 FOR THE LEVY OF A DISCRETIONARY HALF CENT SALES TAX BY THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE PURPOSE OF FINANCING A COMPREHENSIVE PLAN TO CONSTRUCT AND RENOVATE PUBLIC SCHOOLS COUNTYWIDE. (The official copy of Resolution No. 52-04 is on file in the City Clerk's office.) 8.H. RESOLUTION NO. 54-04: Approve a resolution opposing an amendment to the Florida Constitution that would raise Florida's Homestead Exemption to $50,000.00. The caption of Resolution No. 54-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA' S HOMESTEAD EXEMPTION TO $50,000.00. (The official copy of Resolution No. 54-04 is on file in the City Clerk's office.) 8olo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards -3 - 07/06/04 for the period June 21, 2004 through July 2, 2004. 8.J. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 1. Purchase award to CCG Systems, Inc. in the amount of $62,000.00 for Faster Fleet Management Software for the City Garage. Funding is available from 334-6112-519-66.10 (General Construction Fund/Renewal & Replacement/Software). Mr. Costin moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA: 9.A.1. Purchase award to Motorola, Inc. in the amount of $34,410.00 for seventy-two (72) Motorola PMDC Application Software Licenses for electronic communication for the Police Department. Funding is available from 001-2113-521- 49.90 (General Fund/Police Support/Other Current Charges) Commissioner Levinson declared a conflict of interest and stepped down from the dais. Mrs. Archer moved to approve the Purchase Award to Motorola, Inc. in the amount of $34,410.00 for seventy-two (72) Motorola PMDC Application Software Licenses for electronic communication for the Police Department, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.A. CONDITIONAL USE REQUEST/MONUMENT AND ORNAMENTAL STONE CUTTING FACILITY: Consider a request for conditional use approval to allow the establishment of a monument and ornamental stone cutting facility for Granite & Marble Design, located at the northeast corner of Congress Avenue and Dr. Carol Krol Way (321 North Congress Avenue). (Quasi-JudicialHearing) 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. Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. -4- 07/06/04 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 project file #2004-234 into the record. Mr. Dorling stated this is a conditional use request to establish a monument and ornamental stone cutting facility for Granite and Marble Design. On September 3, 2002, the City Commission approved a conditional use application to establish a monument and ornamental stone cutting facility within the southern two (2) bays of the structure for this business. The business has grown and has relocated from the previously approved bays into the northern four (4) bays of the same building. At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. The Board voted 6-0 (Krall absent) to recommend that the conditional use request to establish a monument and ornamental stone cutting facility for Granite and Marble Designs be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the condition that there is no outdoor storage of material and that no element of the stone cutting business be conducted outside. Hudson Furtado, who works for Granite and Marble Design, stated the facility expanded because they needed more room for storage. Mayor Perlman stated if anyone from the public would like to address the Commission regarding the conditional use request, to come forward at this time. There being no one who wished to address the Commission, the public hearing was closed. Mr. Costin moved to approve the conditional use request for a monument and ornamental stone cutting facility for Granite and Marble Design subject to the condition as listed in the Planning and Zoning staff report, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR IN-LIEU PARKING SPACES/CHRISTINA'S RESTAURANT: Consider a request from Christina's Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $24,000.00. Christina's Restaurant is nd · located at 65 N.E. 2 Avenue (Ocean City Lumber Complex). (Quasi-JudicialHearing) Chevelle D. Nubin, Acting 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. -5- 07/06/04 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-281 into the record. Mr. Dorling stated Christina's restaurant will be located in the Ocean City Lumber Complex and involves a conversion of 1,050 square feet of retail space to restaurant and the creation of an additional 149 square feet of outdoor dining area. LDR's Section 4.4.13 (G)(1) requires the provision of four (4) parking spaces. The Ocean City Lumber Complex has a surplus of 23 parking spaces and the owner of the property would like to retain the surplus parking for future development within the complex. The applicant is requesting the purchase of four (4) in-lieu parking spaces at a cost of $6,000 each, for a total of $24,000. LDR Section 4.6.9(E)(3) states "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing the required parking, pursuant to the following provisions." Considering the development has a 23 space surplus, the applicant fails to meet the required findings pursuant to LDR Section 4.6.9(E). At its meeting of June 10, 2004, the Community Redevelopment Agency supported the proposed expansion but did not support the in-lieu request based on the surplus of parking currently available. At its meeting of June 23, 2004, the Site Plan Review and Appearance Board (SPRAB) supported the site plan modification unanimously as well as a 4-1 vote supporting the in-lieu parking request. Staff recommends denial of the in-lieu request. Mr. Costin asked if the applicant was aware that this item would be on the agenda this evening. In response, Mr. Dorling stated Scott Aronson, Parking Management Specialist spoke with Cecilia Boone, a representative from Ocean City Lumber regarding this item. Mayor Perlman inquired about the expansion. Mr. Dorling stated the applicant is requesting to expand both the indoor and outdoor area. The City Attorney stated the issue only pertains to the in-lieu parking fees for the expansion. Brief discussion by the Commission followed. Mr. Costin moved to approve to table the request for in-lieu parking spaces to the City Commission meeting of July 20, 2004, 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. Mr. Levinson stated he would like to ensure that the applicant receives adequate notice that this item will be on the July 20, 2004 agenda. -6- 07/06/04 9.C. DELINQUENT FEES/AMERICAN LEGION/THE CARING KITCHEN: Consider a request to waive delinquent Solid Waste Authority Disposal Assessment Fees in the amount of $11,480.97 for the American Legion and The Caring Kitchen. Joseph Safford, Finance Director, stated the City owns property at 808 N.W. 2nd Street and has entered into a long-term lease agreement with the American Legion. In 1996, the American Legion subleased their space to The Caring Kitchen. In 1990, the Solid Waste Authority started billing commercial properties for the disposal portion of their garbage bill. The Solid Waste Authority assessment comes to the City and the City makes the payment and then requests reimbursement from the American Legion. Mr. Safford stated the American Legion contends that their agreement does not call for them to pay the Solid Waste Authority assessment. The Caring Kitchen has been paying the Solid Waste Authority assessments (from 1996 forward) with the exception of the past two (2) years. The annual assessment for the past two (2) years was never submitted to The Caring Kitchen from the American Legion for payment. Mr. Safford stated delinquent invoices prior to 1996 amount to $4,011.81 and delinquent invoices after 1996 amount to $7,469.16. The Caring Kitchen is requesting the City to waive their delinquent fees of $7,469.16 and submit subsequent invoices directly to them, instead of the American Legion, and they will pay all future invoices. Staff recommends approval of waiving delinquent Solid Waste Authority Disposal Assessment fees in the amount of $11,480.97 for the American Legion and The Caring Kitchen. Mr. Costin stated he would like to see fees waived for The Caring Kitchen. Mr. Costin moved to approve a grant to both entities conditioned on payment of arrearages to the City and entering into an updated lease agreement, 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. 9.D. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive the interest and administrative fees in the amount of $4,242.56 assessed for abating nuisances on property located at 34 N.W. 3rd Avenue. The Community Redevelopment Agency is prepared to pay the remaining lien of $3,555.29 Staff recommends approval. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy. Lula Butler, Director of Community Improvement, stated the CRA is requesting a reduction in the accrued interest and administrative fees for property located at 34 N.W. 3rd Avenue. This is consistent with the policy governing requests for release and/or reduction of liens which the City Commission adopted on October 21, 2003. This property was transferred to New Urban Properties in 2003 and is now part of the Atlantic -7- 07/06/04 Grove development. Ten residential units in this development were designated and sold under the Affordable Housing Program. Mrs. Butler stated this is an old issue that needs to be resolved at this time and staff recommends approval of the reduction of the lien in the amount of $4,242.56. The CRA is prepared to pay the City's out-of-pocket costs in the amount of $3,555.29. Mrs. Archer moved to approve the request from the Community Redevelopment Agency (CRA) to reduce the liens for the property located at 34 N.W. 3rd Avenue in the amount of $4,242.56 with the balance of the liens to be paid within 30 days of City Commission approval, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, Vice Mayor McCarthy passed the gavel back to Mayor Perlman. 9.E. CONTRACT AWARD/WALL WAY USA OF FLORIDA: Consider approval of a contract award to Wall Way USA of Florida in the amount of $17,500.00 for the construction of approximately 350 linear feet of eight (8) foot high screen walls along the north property line of the Temple Sinai site on West Atlantic Avenue due to a request from Temple Sinai to provide additional sound buffering. Funding is available from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other Improvements). Randal Krejcarek, City Engineer, stated this item is a contract award to Wall Way USA of Florida in the amount of $17,500.00 for the construction of approximately 350 linear feet of an eight foot high wall on the north property line of the Temple Sinai site on Atlantic Avenue. On June 22, 2004, the City Commission approved the construction of similar walls on the new Atlantic High School site. The request from Temple Sinai would extend the wall to be built on the east side of the Temple property to Coral Trace Boulevard along the north line of the Temple site. Staff recommends approval of this contract. Mr. Levinson moved to approve the contract award to Wall Way USA of Florida for the construction of approximately 350 linear feet of an eight (8) foot high screen wall along the north property line of the Temple Sinai site to provide additional sound buffering, seconded by Mr. Costin. 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. 9oFo LEGAL ACTION/GOVERNMENT TECHNOLOGY RESOURCES (GTR): Consider authorizing staff to commence legal action against Government Technology Resources (GTR) for breach of contract for the development of a web- enabled software package for code enforcement, building permits, business licenses, and planning and zoning. -8- 07/06/04 Joseph Safford, Director of Finance, stated Government Technology Resources (GTR) was retained in March 2002 to supply certain software products to the City. The original contract amount was $25,000.00 of which the City paid an initial deposit of $18,750.00. The contract allowed a maximum one year timeframe to supply the software and to date the City has not received the required software. Mr. Levinson asked if what GTR gives the City will be worth $10,000- $12,000. Mr. Safford stated this was a special offer for cities that came in at the front end of this project and noted the project that GTR has developed is not compatible because it cannot be integrated with the City's HTE software. Mr. Safford recommends accepting a settlement offer and no litigation. The City Attorney stated the legal work would be performed in-house and at a later date there is a possibility that the City would need to obtain outside council. Mr. Costin suggested that staff negotiate a settlement. The City Attorney stated if there are any written settlements then this will be brought back to the Commission. Mr. Costin moved to approve to authorize legal action against Government Technology Resources (GTR), 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.G. REFERENDUM/REMOVING DEED RESTRICTIONS: Provide direction regarding the ballot wording and ordinances required to remove the deed restrictions on Block 52 and the North 48 feet of Lot 15, Block 101. The City Attorney stated she researched numerous deeds in the downtown area as it pertained to City owned lots and whether there is a deed restriction that could be removed by referendum because Lot 15 (located behind the current library site) has a deed restriction on it. Therefore, the City Attorney stated only Lot 15 can be released by a referendum as well as the restrictions on Block 52. She stated she received correspondence from Bill Doney because there was an issue regarding whether or not in the previous quiet title action the City had maybe extinguished the reverter on Block 44 - Lot 7-16. She stated in Mr. Doney's view there probably is a reverter on 1/4 interest on that property but probably not on 3/4 of the property that the City has Quiet Title to and noted this cannot be released by a referendum. The City Attorney stated Block 52 (iA of the frontage on Atlantic Avenue) can be released by referendum. The City Attorney stated there was a referendum on this previously; however, there was a caveat that the land would be used for a public tennis facility and to insure title at a future point that a referendum would be held again on this matter. Mr. Levinson suggested that the language on the ballot be as clear and simple as possible and perhaps be similar to the ballot question from the Special Meeting of March 14, 2001. -9- 07/06/04 After brief discussion, it was the consensus of the Commission to move forward with both Block 52 and Lot 15. 9.H. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of Cities' 78th Annual Conference to be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2004. Mayor Perlman volunteered to serve as the voting delegate for the Florida League of Cities' 78th Annual Conference. Mr. Costin moved to appoint Mayor Perlman as the voting delegate for the Florida League of Cities' 78th Annual Conference, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.1. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) members to the Education Board for two (2) year terms ending July 31, 2006. Based on the rotation system, the appointments will be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Mayor Perlman stated he wished to appoint Jack Licht as a member to the Education Board for a two (2) year term ending July 31, 2006. Mrs. Archer so moved, 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 appoint Debra Kaiser as a member of the Education Board for a two (2) year term ending July 31, 2006, 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. Mrs. Archer moved to appoint Peggy Murphy as a member to the Education Board for a two (2) year term ending July 31, 2006, 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. Mr. Levinson moved to appoint Jennifer Ferreri as a member to the Education Board for a two (2) year term ending July 31, 2006, 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. -10- 07/06/04 Ms. McCarthy moved to appoint Suzanne Katz as a member to the Education Board for a two (2) year term ending July 31, 2006, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.J. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the alternate member appointments of Brenda Montague, Community Redevelopment Agency (CRA); Perry DonFrancisco, Downtown Development Authority (DDA); Joseph Pike, Planning and Zoning Board (P&Z); Rosalind Murray, West Atlantic Redevelopment Coalition (WARC); and David Cook, Chamber of Commerce on the Parking Management Advisory Board with term expirations to coincide with the regular board representative's term. Mr. Levinson moved to approve and ratify the alternate member appointments for the Parking Management Advisory Board, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, Mrs. Archer stated with regard to alternate members one of the difficulties is the notification whether or not the alternate member needs to attend the meeting and asked that some clarification be provided to each of the alternate members so that they know how they are supposed to be notified and what the conditions are so that they can make plans to attend the meetings. She stated there is no central notification with regard to the Parking Management Board and thus the reason for part of the problem. The City Manager stated staff will work at resolving this. 0.K. PROPOSED CONCERT CONTRACT TERMS/ROOTS CULTURAL FESTIVAL: Provide direction on proposed contract terms with Roots Cultural Festival, Inc. for a concert to be held at the Delray Stadium on September 25, 2004. Robert A. Barcinski, Assistant City Manager, stated this item is a request to provide direction on proposed contract terms with the Roots Cultural Festival, Inc. for a concert to be held in the stadium on September 25, 2004. Winston Hudson on behalf of the Roots Cultural Festival, Inc. has met with Mr. Dubin to discuss the possibility of holding a concert in the stadium on September 25, 2004 and Roots Cultural Festival, Inc. would be the signatory to the agreement with the City. Roots would be partnering with Management Service Organization (MSO) to provide promoter services with Roots and would receive 50% of the net proceeds. The City Attorney stated it is prudent to advise Worldwide Entertainment, Inc., via a letter to see if they believe this is considered as one of their exclusive events particularly because there is a promoter involved. -11- 07/06/04 The City Manager stated staff also needs direction on whether the terms as outlined are acceptable as far as what the City is being asked to put into this and who the local entertainers are and what kind of act they would be putting on. Mayor Perlman stated Management Service Organization (MSO) is a new corporation with no experience to his knowledge in promotion and inquired as to whether or not Roots Cultural Festival, Inc. would really benefit from MSO receiving 50% of the net proceeds. Mrs. Archer expressed concern over this being a new entity and stated there is no knowledge of what could happen. Mr. Levinson suggested that staff ask MSO for a budget of what they anticipate so that Roots Cultural Festival, Inc. will know what they can expect to make. After brief discussion, it was the consensus of the Commission to contact Worldwide Entertainment, Inc. and discuss this item at the Workshop meeting of July 13, 2004. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. WAIVER REQUEST/MINIMUM LOT DIMENSION: Consider a request to waive Land Development Regulations (LDR) 4.3.4(K) to reduce the lot size, frontage, and width in association with a proposed subdivision, located on the south side of Dixie Boulevard and on the west side ofN.E. 2nd Avenue. (Quasi-JudicialHearing) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Costin stated he spoke to the Planning and Zoning Director today. Ms. McCarthy, Mr. Levinson, Mayor Perlman and Mrs. Archer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-248 into the record. Mr. Dorling stated the development proposal is a reconfiguration of four existing lots within the Del Ida Park subdivision. The lots are currently 50 feet in width and are substandard with respect to the current requirements. Two of these lots will be conforming and two will continue to be non-conforming. Mr. Dorling stated the LDR's Section 4.3.1(D), indicates lots that are created after October 1, 1990 must meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and -12- 07/06/04 appropriate to create such nonconformity. The proposal involves the future construction of three new single family homes and the retention of an existing historic structure which is on Lot 2. LDR Section 4.1.4(C) requires that, with the exception of single family residences subject to the R-1-A zoning district standards, if two or more adjoining lots are owned by the same property owner as of October 18, 1994, and if the total frontage area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements for the current zoning district. Mr. Dorling stated staff originally provided direction to the applicant that the maximum of three lots was appropriate; however, during subsequent discussions it became clear that the creation of three lots would not assure the retention of the historic structure. As a compromise and a commitment to retain the historic structure staff supported the four lots. Mr. Dorling stated it is noted that waivers have been granted in the past specifically when it involves the preservation of a historic building and thus the reason staff supported the waivers. Kim Dwyer, applicant, stated the concept they wanted to bring to the community with the development of the replat was to keep the property and the houses of the same size as the neighborhood. She stated rather than having three larger homes, she felt it was more appropriate to have three smaller homes added to the community and save the existing property. Ms. Dwyer stated she wants to work with the community on this project and wants it to be something everyone can be proud of. Mayor Perlman declared the public hearing open. Mary Lou Jamison, 515 N. Swinton Avenue, Delray Beach, opposes the development proposal mainly because it would open up the 50 foot lot. She stated in the neighborhood there is currently a piece of property up for sale with two 50 foot lots in addition to two others. There is another lot that will be up for sale in the next year which has six 50 foot lots. She stated many of the lots have a second 50 foot lot and they could develop it if the waiver is approved. She feels they will lose the character of the neighborhood. Barbara Drowne, 2 Dixie Boulevard, Delray Beach, stated she has owned the property at the end of the cul-de-sac for approximately 16 years and opposes the development project because she feels the area will become overdeveloped. Andrea Harden, 516 N. Swinton Avenue, Delray Beach, expressed concern that the lot size is too small compared to the rest of the lots on this block of Dixie Boulevard and urged the Commission to abide by the LDR's that were passed in 1994. She stated a similar situation happened in Lake Ida with three houses built on substandard lots and thus the reason this LDR amendment was passed. Mrs. Harden stated she feels the situation is different when talking about a waiver of some owner hardship versus maximizing a developer's profit. There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. -13- 07/06/04 At this point, the following individual came forward for cross- examination: Randall Stofft, Architect for the project, stated they worked very closely with the Historic Preservation Board who passed the project with one (1) "No" vote and he worked closely with Planning and Zoning staff to accommodate almost everyone's needs. Mr. Stofft stated they have three conforming frontages and feels the scale of these houses are a beautiful proportion for the neighborhood. Brief discussion by the Commission followed. Mrs. Archer stated she is sure the proposed houses are lovely; however, she does not want to go against the 1994 LDR's in requiring the lots to be under the same ownership combined to conforming lots. She feels there is a way to save this house and still get three conforming lots. Mr. Levinson stated there is no compelling reason for the waiver. After brief discussion, the Commission concurred that the findings adversely affect the neighborhood area and therefore does not meet the requirements for a waiver. Ms. McCarthy moved to approve the waiver request of the lot dimensions, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No. Said motion to approve the waiver request was DENIED by a 5 to 0 vote. 10.A.1. FINAL SUBDIVISION PLAT APPROVAL/DIXIE DEL-IDA PLAT: Request for approval of a final subdivision plat for a 0.79 acre, fee simple, single-family detached subdivision known as Dixie DeMda Plat (aka Historic DeMda Park Plat), located on the south side of Dixie Boulevard and on the west side of N.E. 2nd Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Randall Stofft feels they were misunderstood and stated he worked very closely with the Planning and Zoning staff, and the Historic Preservation Board. Mr. Levinson moved to approve the final subdivision plat for Dixie Del- Ida Plat, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No. Said motion to approve the final plat was DENIED with a 5 to 0 vote. 10.B. ORDINANCES NO. 38-04 & 39-04 (FIRST READINGS/FIRST PUBLIC HEARINGS): Ordinances No. 38-04 and 39-04 were created for businesses that do not have a street front to allow the placement of a permanent portable or ground -14- 07/06/04 sign. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The City Attorney read the captions for Ordinance No. 38-04 & Ordinance No. 39-04. 10.B.1. ORDINANCE NO. 38-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new Subsection 4.6.7(E)(3)(e), "Ground Signs" to allow the placement of certain Ground Signs in certain locations. If passed, a second public hearing will be scheduled for July 20, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 38-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "GROUND SIGNS", TO ALLOW THE PLACEMENT OF CERTAIN GROUND SIGNS IN CERTAIN LOCATIONS; BY AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR THE DEFINITION OF "GROUND SIGN"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN 1NCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-04 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. Terrill Pyburn, Assistant City Attorney, stated these ordinances address the issue of those businesses that do not have frontage on the Avenue amending the sign code that was passed by the Commission at the last meeting. Ms. Pyburn stated the other portable signs are more of the A-frame type sign and the ground signs are on a pole as discussed at a previous Workshop meeting. Mayor Perlman declared the public hearing open. Rita Ellis, representing the Beach Property Owners' Association (BPOA) regarding the sign ordinance, stated the BPOA represents over 1,000 households in the City of Delray and has been involved in working with the City on the sign ordinance and -15- 07/06/04 helped initiate some of the opposition to the multiple sandwich board signs that now appear throughout the City. Mrs. Ellis stated the BPOA feels the signs do not add to ambience of the City and expressed concern over accommodating businesses without these sandwich board signs. Mrs. Ellis stated the BPOA opposed the sandwich board signs and urged the Commission to eliminate the sign clutter. There being no one else from the public who wished to address the Commission regarding Ordinance No. 38-04, the public hearing was closed. The City Manager stated one of the intentions of the ground signs was to try to acknowledge both the concerns of the BPOA and still allow the businesses that do not have major street frontage a way to have an individual sign for their business. Mrs. Archer commented about Ordinance No. 39-04, Section (e)(3) & (4) Other Portable Signs. Mr. Levinson stated he likes Ordinance No. 38-04 with a caveat and feels a sign 7 feet high and 2'x3' is an imposing structure. Mr. Levinson suggested that if something would allow for a smaller directional sign listing the businesses as opposed to the sandwich board signs for those businesses that are in the courtyards, then this might be an option. The City Manager stated staff envisioned it would not have multiple names on it. Mayor Perlman inquired about the City of Winter Park sign code. Lula Butler, Director of Community Improvement, stated the Winter Park sign code allows them the option of having either a freestanding flat wall sign or this type of sign. Therefore, Mrs. Butler stated if they have a street-side pole sign they would not get a flat wall sign. Mr. Levinson moved to approve Ordinance No. 38-04, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said motion to approve Ordinance No. 38-04 was DENIED with a 5 to 0 vote. 10.B.2. ORDINANCE NO. 39-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new Subsection 4.6.7(E)(3)(e), "Other Portable Signs" to provide provisions regarding Other, Non-grand Opening Portable Signs. If passed, a second public hearing will be scheduled for July 20, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 39-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -16- 07/06/04 AMENDING ORDINANCE NO. 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "OTHER PORTABLE SIGNS", TO PROVIDE FOR THE INCLUSION OF PROVISIONS REGARDING OTHER, NON-GRAND OPENING PORTABLE SIGNS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-04 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. Mr. Levinson moved to approve Ordinance No. 39-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No. Said motion to approve Ordinance No. 39-04 was DENIED with a 5 to 0 vote. 10.C. SALE OF PARCEL: Consider approval of a potential purchaser and contract to sell City owned property, a vacant 12,000 square foot parcel, located at 15549 S.W. 9th Avenue and approve Contract for Sale and Purchase and Resolution No. 53-04. Prior to consideration of passage of this item, a public hearing has been scheduled to be held at this time. Mr. Costin declared a conflict of interest and stepped down from the dais. The City Attorney stated it is required per ordinance that the City holds a public hearing on the sale of land. Brian Shutt, Assistant City Attorney, stated the City obtained this parcel from the Lands Available list from Palm Beach County and has an appraised value of $66,000. He noted the original offer from Harvest Moon Realty was $74,000. Mr. Levinson asked if the appraised value was obtained from the tax rolls. In response, Mr. Shutt stated staff sought previous permission from the City Commission to perform its own appraisal. Mayor Perlman declared the public hearing open. John F. Peart, Founder of Universal Beach Service, stated they have increased the purchase offer to $77,000. Seth I. Cohen, Counsel for Harvest Moon Realty, stated the Managing member of Harvest Moon is also the owner of House of Floors of Palm Beach who has -17- 07/06/04 operated the flooring and carpeting business since 1997 and very much would like to stay in Delray Beach. Ken Carlson, 1002 East Newport Center Drive, Deerfield Beach (Architect of the proposed facility), briefly described the parcel. There being no one else who wished to address the Commission regarding the sale of parcel, the public hearing was closed. Mr. Levinson asked if Harvest Moon Realty is aware of the letter the Commission received today from Universal Beach Services increasing their purchase offer to $77,000. In response, Mr. Cohen stated he found out about the letter at 5:30 this evening. Ms. McCarthy stated she is uncomfortable with both contracts because of the "right to assign" and does not feel these contracts should be assignable. The City Attorney posed the question to the applicants whether they would change the contract so that it would be non-assignable. Robert Federspiel, Attorney representing Universal Beach Service Corp., stated his client has no objection to making the contract non-assignable. Seth Cohen, Attorney representing Harvest Moon Realty, stated his client has no objection to making the contract non-assignable. Brief discussion by the Commission followed. Mr. Cohen stated Harvest Moon, Inc. will increase their offer to $77,000. He stated this is a use issue and how this is going to benefit the neighboring parcel and the development of the site. Mr. Federspiel suggested that the Commission accept a final bid from both parties this evening. He stated Universal Beach will be building a business and a structure so there will be diversity of ownership in the neighborhood and this is an asset to the tax base in the area. Mc. McCarthy stated one of the contracts appear to be a cash issue and the other one is a finance issue and she expressed concern over this changing the terms of the contract. She stated there is some bearing on this because of an appraisal already being in place at this time. At this point, both parties convened briefly to discuss their final bid offers and the Commission moved to Item 10.D. Ordinance No. 37-04. -18- 07/06/04 10.D. ORDINANCE NO. 37-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Ordinance No. 13-04, Section 4, "Duration of Moratorium/Extension of Moratorium" to extend the moratorium on Adult Arcade Establishments for ninety (90) days. If passed, a quasi-judicial public hearing will be scheduled for July 20, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 37 -04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 13-04, SECTION 4, "DURATION OF MORATORIUM/EXTENSION OF MORATORIUM" BY AMENDING THE TEMPORARY BUILDING MORATORIUM ON ARCADES TO EXTEND THE MORATORIUM FOR A PERIOD OF N1NETY (90) DAYS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The official copy of Ordinance No. 37-04 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. The City Attorney stated the Planning and Zoning Department is in the process of working on the conditions that they may want to apply for conditional uses. Terrill Pyburn, Assistant City Attorney, stated the 2nd District Court of Appeals recently ruled to uphold the provision in the Florida Statute that allows the "Chuck-E-Cheese" type exception of these kinds of businesses to operate. Therefore, Ms. Pyburn stated staff is trying to work on accommodating these types of uses. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 37-04, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 37-04 on First Reading/First Public Hearing, 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. -19- 07/06/04 10.E. ORDINANCE NO. 36-04: An ordinance amending Chapter 56, "Stormwater" of the City Code of Ordinances, amending Sections 56.04, "Definitions" and 56.16, "Establishment of Rates for Stormwater Management Assessments" to provide that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 36-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 56.04, "DEFINITIONS", TO PROVIDE A DEFINITION OF "COMMON ELEMENT"; AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", TO PROVIDE THAT STORMWATER AS SES SMENT S FOR SINGLE-FAMILY RESIDENTIAL UNITS SHALL BE AMENDED TO INCLUDE A PRORATED PORTION OF THE COMMON ELEMENTS WITHIN A PLATTED SUBDIVISION THAT ARE FOR THE EXCLUSIVE BENEFIT OF THE SINGLE-FAMILY RESIDENTIAL LOT OWNERS THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-04 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. Terrill Pyburn, Assistant City Attorney, stated this ordinance is being done to meet the State requirements. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 36-04, the public hearing was closed. - 20 - 07/06/04 Mr. Levinson moved to adopt Ordinance No. 36-04 on Second and FINAL Reading 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. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Wilner Athouriste, volunteer with the Haitian Police Academy, requested that there be a basketball court for the children at Currie Commons Park located on 2nd Avenue and stated he spoke with Joe Weldon, Director of Parks and Recreation, approximately a year ago regarding this issue. ll.B.2. Terrence Rothmam (homeless)~ stated in his opinion the war against Iraq was prepared and executed illegally and immorally. Mr. Rothman stated he has been before the Commission approximately five times with regard to the separation of church and state and requested the City to approve a policy prohibiting the intervention of police on church property in reference to issues of ethical or moral debate. ll.B.3. Chris Miller~ 918 Seagate Drive~ Delray Beach~ expressed concern over the noise from motorcycles, aircraft, and construction. He stated the noise generated from paragliders is intolerable and commented on the volume associated with the machines. Mr. Miller stated he recognizes the City passed Ordinance No. 39-03 prohibiting use of these machines within 300 feet of the beach area and understands it was to address safety issues. Mr. Miller urged the Commission to amend Ordinance No. 39-03 prohibiting the use of these machines because he feels his enjoyment of the beach has been severely impacted. Mayor Perlman asked staff to look and see what other coastal communities have done and look at a remedy for this. Mr. Costin inquired about the decibel levels and suggested that the Commission look into this as well. ll.B.4. Kevin Warner~ 248 Venetian Drive~ Delray Beach~ thanked the City Manager for answering his concern about the rolled back rate. He congratulated everyone on the 4th of July celebration and stated it makes him proud to be a part of it. Mr. Warner asked if the Commission is considering lowering the tax rate for property owners and if not, why not? He stated there is a forty percent increase in the City's budget and he feels the only thing residents are getting in return is more congestion, noise, traffic, development and restaurants. -21 - 07/06/04 At this point, the time being 8:20 p.m. the Commission reconvened and moved back to Item 10.C., Sale of Parcel. Mayor Perlman stated the final offer from Harvest Moon is $101,000 with no financing and the final offer from Universal Beach is $100,000 cash. It was noted both parties have agreed to the non-assignability. a building. Delray. Mayor Perlman stated in terms of uses of the lot it is a loading area versus He feels the tax base with a building would be better for the taxpayers of Mr. Levinson stated the comment was made that because of the additional land the flooring company (House of Floors of Palm Beach) would be able to add an additional showroom which he feels would have a higher value than a warehouse. Mr. Dorling stated the additional land would allow them to accommodate more square footage. Mayor Perlman and Mrs. Archer stated they are both in favor of a building. Prior to the motion, Ms. McCarthy inquired about the closing date and the City Attorney stated the closing date on the contract is September 15, 2004. Mrs. Archer moved to approve the Contract for Sale and Purchase with Universal Beach Service Corp. for the purchase price of $100,000 and Universal Beach Service Corp. to be inserted into Section 1 of the Resolution according to the contract submitted this evening, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to approve Resolution No. 53-04 with the purchase price of $100,000 to Universal Beach Service Corp. in accordance with their contract subject to the change that they cannot assign it, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 32-04: Privately initiated small scale Future Land Use Map (FLUM) Amendment from CF-R (Community Facilities-Recreation) to CC (Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central Business District) for a 2.42 acre parcel of land to be known as The Strand, bordered by S.E. 1st Street on the north, S.E. 2nd Street on the south, S.E. 3rd Avenue on the east, and the Florida East Coast (F.E.C.) Railway on the west. If passed, a quasi-judicial public - 22 - 07/06/04 hearing will be scheduled for July 20, 2004. The caption of Ordinance No. 32-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CF-R (COMMUNITY FACILITIES-RECREATION) TO CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 3RD AVENUE, BETWEEN SE 1sT STREET AND SE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 32-04 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-254 & #2004-255 into the record. Mr. Dorling stated the subject property incorporates that portion of Block 86 lying east of the F.E.C. Railway right-of-way containing approximately 2.42 acres. The property is presently zoned CF (Community Facilities) with an underlying compatible FLUM designation of CF-R (Community Facilities-Recreation). At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning request. One member from the public spoke on the item and indicated a concern as to the amount of residential development in the downtown. After brief discussion, the Board voted 6-0 (Krall absent) to recommend the requests be approved by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. - 23 - 07/06/04 Mr. Levinson moved to approve Ordinance No. 32-04 on FIRST Reading, 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. 12.B. ORDINANCE NO. 34-04: An ordinance amending the Land Development Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide updated regulations for Satellite Dishes and Antennas. If passed, a public hearing will be scheduled for July 20, 2004. The caption of Ordinance No. 34-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS, SECTION 4.3.3(P), "SATELLITE DISH--SATELLITE TELEVISION ANTENNA"; TO PROVIDE AN UPDATED ORDINANCE ON SATELLITE DISHES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-04 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 the proposed amendment is being processed in order to obtain consistency with federal regulations regarding satellite dishes and antennas. The current regulations require a permit for a satellite dish or antenna regardless of its size. The amendment will only require a permit for those that are greater than one meter in diameter or any size satellite dish that is mounted on a mast higher than 12 feet above the roof line. At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing regarding the amendment. After discussing the amendment, the Board voted 6-0 (Krall absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with LDR Section 2.4.5(M). Terrill Pyburn, Assistant City Attorney, stated this ordinance is up-to-date with the current regulations. Mr. Costin moved to approve Ordinance No. 34-04 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. - 24 - 07/06/04 Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:35 p.m. the Commission moved to Item 9.L. of the Regular Agenda. 9.L. PENSION MULTIPLIER INCREASE FOR RETIRED POLICE OFFICERS AND FIREFIGHTERS IN THE DEFERRED RETIREMENT OPTION PLAN {DROP): Consider a request from retirees in the Deferred Retirement Option Plan (DROP) to be allowed to purchase the increase in pension multiplier from 3% to 3 ~A% which was approved for Police Officers and Firefighters earlier this year. The City Manager stated he received an email late this afternoon requesting additional information about how we handle the general employees that were allowed to buy into the DROP Plan and that this item be delayed until this information is obtained. Mrs. Archer moved to table this item to a date certain of July 20, 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager The City Manager introduced Mr. Rex Taylor who is assisting the City Manager as an Assistant to work on the City's project management and strategic plan management. Secondly, the City Manager commented about the paragliders on the beach. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer had no comments and inquiries on non-agenda items. 13.C.2. Commissioner Costin Mr. Costin had no comments and inquiries on non-agenda items. - 25 - 07/06/04 13.C.3. Commissioner McCarthy Ms. McCarthy stated Congressman Hastings, Senator Dawson, Representative Anne Gannon, Palm Beach County Commissioner Addie Greene and Mayor Perlman attended a meeting in Delray Beach regarding Carver Square and she thanked them for their interest and concern for the citizens who reside there. In addition, she thanked Mayor Perlman for sitting on the panel and commended Mike Simon from the CRA who gave a great presentation. Secondly, Ms. McCarthy congratulated Lula Butler, Director of Community Improvement, on her Employee of the Year Award and stated it was well deserved. Ms. McCarthy thanked Marjorie Ferrer, Downtown Coordinator, the Chamber of Commerce and City staff for a job well done during the 4th of July holiday. With regard to the computer software issue with Government Technology Resources (GTR), Ms. McCarthy stated even if the City cannot use the software for the City's use in City Hall, she suggested that the software be used for students at the TED Center. Lastly, Ms. McCarthy stated the reason she did not volunteer to be the Florida League of Cities delegate is because she will be coming back and forth from Orlando and going back down south because she will be attending two separate conventions. 13.C.4. Commissioner Levinson Mr. Levinson commented about a shooting which took place at a street party recently in Delray Beach and congratulated the Police Department and the Dive Team for finding the first weapon within ten minutes in the St. Lucie River and the second weapon within two hours. Mr. Levinson stated this should be a significant reminder that when an individual decides to have a street party sometimes uninvited guests attend and he feels the City has instituted good policy for following the necessary procedures with regard to block parties so that this type of situation does not occur again. Secondly, Mr. Levinson stated the City is not utilizing all of the opportunities on the water bills. He stated he would like to know prior to the budget how much it would cost to print quarterly News for Neighborhoods and suggested that these be enclosed with the water bill. Lastly, Mr. Levinson commented about a "Code Red" brochure in an effort to alert the community in the event of an emergency. The City Manager stated this is in the proposed budget for next year. - 26 - 07/06/04 13.C.5. Mayor Perlman Mayor Perlman commented about an article in the newspaper entitled "Visit Florida to start 'Downtown and Small Towns' campaign" and stated Florida's marketing agency is doing a multi-year campaign and has chosen Delray Beach to be one of the cities they are going to be marketing. Secondly, Mayor Perlman stated the 4th of July was great and read an email into the record he received fi.om a Delray Beach couple commending the fireworks. On the other hand, Mayor Perlman stated he also received complaints about some fireworks being set off late into the night hours. He suggested that the Neighborhood Advisory Council (NAC) formulate a policy to address fireworks after a certain hour. The City Manager stated that this is prohibited but is difficult to enforce. Mayor Perlman suggested that there be a public awareness campaign through the NAC regarding this issue. Mayor Perlman thanked Richard Hasko, Director of Environmental Services, Robert Teft, Senior Planner, and Randal Krejcarek, City Engineer for their assistance with a meeting he had with the residents of Barwick Estates. He stated approximately ten years ago there was a story in Florida Trend Magazine which named Delray Beach the "Best Run Town in Florida". Mayor Perlman stated he contacted Mr. Otis White who writes for Governing Magazine (based in Atlanta) who uses Delray Beach as an example in his consulting work across the country. Mr. White stated the only city he felt had parallels to Delray was Chattanooga, Tennessee which is a widely studied city due to some of their innovative things. Mayor Perlman stated he has received numerous calls regarding Bexley Park and expressed concern over the lot premiums which he feels are excessive, arbitrary, and are assessed on too many of the properties. He stated on some of the multi-family units they are charging lot premiums and feels there is still time to rescue this project. Mayor Perlman stated the City went into this with a very good faith effort to solve a pressing community need. Mr. Levinson suggested that the City and the CRA work jointly so that the language is more specific and more enforceable. He stated the Commission is very distressed over this issue and feels these concerns should be addressed immediately. There being no further business, Mayor Peflman declared the meeting adjourned at 9:05 p.m. Acting City Clerk -27- 07/06/04 ATTEST: The undersigned is the Acting 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 July 6, 2004, which Minutes were formally approved and adopted by the City Commission on 3ullr 20, 2004 Acting 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 - 07/06/04 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Levinson, Jon Robert 943 Evergreen Drive ICrrY. D TzT~eacn | elray Beach, F__lorid_~a __P ~D 7/6/0/* ~U~E O~ mom, COONC~, COM~SSION, AUTHOR~Y, Om CO~ Delray Beach City Commission ~t~CH I SERVE IS A UNf[ OF: WHO MUST FILE FORM 8B This form Is for uee by any person sewing at the co~Jnty, city, or other local level of govemment 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 rssp~lslbllti~s 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 mason, please pay close attention to the instndctions on this form before compleOng the mverae side and filing the form. COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES INSTRUCTIONS FOR person ho~:ling elective or appointive county, municipal, or other local pubic office MUST ABSTNN from voting on a measom 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- ;ute which inures to the special gain or less of a principal (other than a government agency) by whom he or she is retained (leoiuding the parent oeganbr, ation 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 pdvate gain or loss of a business associate. Commisslenem of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers~of, [~de,.pqnc~ent s,l~ec~, I, ~x d',k~,ct~s e! .ected ~ a 0ne~cre, 9,e-vqte basis are:ngl pl:oh, ib. ited from voting in that For pur~s of this law, a 'relative' includes only the officer's father, ~, ~on, daughtar, husband, Wife, bmt~or, sister, father-ln4aw, motherqn-law, son4n4aw, and daughtar4n-law. A *business associate' means any pem~n or entity engaged In or carrying on a business ontarpdss with the officer es a partner, joint vonture~', coownar of ~'oporty, or corporate shareholder (where the shares of the coq)oration are no~ listed on any national or regional stock exchange). ELECTED OFFICERS: In addl~ to abstaining from voting in the situations described above, you must disclose the co~tiict: PRIOR TOTNE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you wI'rHIN 15 DAYS AFTER THE VOTE ,O?C. URS by completing and filing this form with the parson respons~ for recording the rain- APPOINTED OFFICERS: Attho~gh you must abstain from voting in the situation~ descdhed above, yco o~m~se may parli~pafa in these matta~. However, you ? ~ the nature of the conflict before making any attempt to influence the decision, whether orally or in wri~ng and whether made ; YOU I~rrE~o TO ~ ~Y Arn;~'r TO ~FLUENCE ~E OE¢lSio, ~moR TO THE ME,riNG A~ WNIC, T~E VOTE WlU. BE IAKF. N: · You must ¢x)~nplefa and rde this forf~ (before maldng any attamp~ to influance the decision) with the pemon responelble for reca~ding Ihe mlnatss of the meating, who wili incoflx~ra~e the form in the minutes. (Continued on other side) APPOINTED OFRCERS (continued) ~ · A COpy of the fom~ must be Provided immediately to the o~her members of the agency. : · The fo~m must be read pabllcly at the next mee§ng aft~ the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You mus't dlsck~e orally the nature of your conflic~ in the measure beinre participating. · You must oomplete the form and file it within 15 days alter the vote occum with the parso~ responsible fo~ recording the minutes of the .meeting, who must incoqx~ate the form in the minutes: A copy of the form must be Ixovided immediately to the other members of the agency, and the tonn must he read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jon R. Lev~nson . hereby d~sc~se that on July 6 ,2~4 (a) A ._me_=_=__ _tre ©ame or witl Dome before my agency which (check one) inured to my special private gain or loss; Ioumd to ~he special gale or Im~. of my besine$~ associate, Ioumd to the spacial gain or Io~s of my mlaitve .... wbem I am retained; o~ (b) The measure beflxe my agency and the nature of my c~:xdtic~ing Intereet in the measure Is as follows: ' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAIL} IRE TO'~dAKE 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 8~ - EFF. 1/2000 , pAGE2 L FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ' COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Perlmanm Jeffre3, L. 971 Delrav Lakes Drive D°~Yelray Beach, Florida 33444 Pa~Beach 1/6/04 Delray- Beadh~City Commission City ,of Delray Beach WHO MUST FILE FORM 8B This fonn'ls fo*' use by any person serving at the County, city, or other local teval of government on an appointed or elected board, council, ~mmlasio~. aelhodty, er committee. It apprres equally to members of advisory and aDa-advisory bodies wbe are presented with a voting coaflict of interest under Section 112.3143. Florida Statutes. 'Y~' ~ under the law when faced with voting on a measure in which you have a conflict of interest will va[y greatly depending en whe.~ you hold an alec~ve O~ appointive position. For this reaser~, please pay close attention to the irises on this ferm before completing the reveme side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES .~ pe~on holding elective or appointive county, municipal, or other local public office MUST ABSTNN from voting on a measure which roms to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- um which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inctuding the ~t oeganization or subsidia[¥ of a corporate principal by which he or she is retained); to the special pri'~ate gain or loss of a rela0ve; or to {he special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 er 163.357, F.S., and ofticem of independent special tax districts elected Da a one-acre, o~e-vote basis are not prohibited'from voting in that capa~y. For puq)oses (34 this laW, a 'relative' includes only the officeds father, mether, son, daughter, husband, wile, brother, sister, fathor-in4aw. mo(her-in-law, somln-.law, and daughter-in-law. A 'business associate' reeans any person or entity engaged in er can3~ng on a business eatmprise with the o~lcer as a padner, joint venturer, cooWner of preperty, or coqx~ate shareholder (where the shares of the coqx~'stinn are no{ listed on any natkmal or regional stock exchange). ELECTED OFFICERS: In addition to a/astainlng from voting in the situations described above, you must disclose the conl~ict: PRIOR TO THE VOTE BEING TAKEN by pubrady stating to the asserebly 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 fon~ with the pemon responsible for recon~ing the mia- APPOINTED OFFICERS: .~hough you*must abstain from voting, in the situations described above, you othen~se m~y pa~,ticipate 'in these matters. Ndweve~,.you ~reust disclose the nature of the.conflict befoge making ~ny attempt to influence the dedsten, whether emily er ~g and whether made y you er at your direction. . ..... . . = YOU INTEND TO MAI(E ANY ATTEMPT TO INFLUENCE THE DECISION PRI0i~ 3'0 THE MEETING AT WHICH THE VOT~ WILL BE TAKEN: .... · You mest ~ompk~te and file this fern1 (before maldng any attemflt to influence the de-'Jskm) with the pemon responsible fer recxxding the ~ ol'lbe meeting, who will inceq)omte the form in the minutes. (Continued on other side) CE FORM 8~ - EFF. '1 f21X)O "'"""~'~C~ 'b pi,GEl APPOINTED OFFICERS (continued) · The fo~m must be read putdidy at the next meetJ~ afte~ Ute to~m is flied. IF YOU MAKE NO ATTEMPT TO INFLUF.~ICE THE DECISION EXCEPT SY DISCUSSION AT THE MEETING: · You must disc~se orally the nature of your ~o~flict in Ihe measure before participating. · You must complete the form and file it within 15 days altor the vote occurs wilh the pers(m responsible for recD,:ring the minutes of tire meeting. ~ must Incoqxxate the loon in the minu~es. A copy ~ the form must be provided immediately to the olher members 6f the ageocy, and the fo,'m mest be read p~JbJi~y at bhe next meeting after the fo~m is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman . hereby or~sciose that ~ Jul}' 6 (a) A { ~ ~ ~ll ~ ~ ~ ~ ~ (~ ~e) ~M~ ~ ~ ~s of~ a~. ~ ~al gna ~ ~) ~ ~e ~ my ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Is ~ ~1~: ,2004 : D~ine Colonna, my ~ife, is Director .of the Coamaanity. Redevelopment Agency I have a conflict.' voting om items that directly affect the Co~minity Redevelopment Agency. Date Filed NOT CE' UNDER PROVlS ONS OF FLORIDA STATUTES §112.3~[7, A FAILURE TO UAKE ANY EE UIRED DISCLOSURE' · '--' 1 CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW NG'. MPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION REDUCTION IN SALARY, REPRIMAND ORA CIVIL PENALTY' NOT TO EXCEED $10.000. ' CE FORM 88 - EFF- 1/2000 PAGE2 ' FORM 8B MEMORANDUM OF VOTING CONFLICT FOR _ COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Costin, Robert 362 N.E. 5th Avenue Delray Bea. c~h,. Florida Malm Beach 7/6/04 Delray Beach City Commission City of Delray Beach WHO MUST FILE FORM 8B This form Is for use by any person sewing 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 conflic~ of interest under Section 112.3143, Florida Statutes. 'Yoor responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vaG' greatly depending on whether you hold an elective or apfx)lnflve position. For this reason, please pay close attention to the instructions on this form before coml~efing 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 pubr~c oft'me 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 ~3m knowingly voting on a mea- Jm 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 ~lrent organization er subsidiary of a corporate principal by which he or she is retained); to the special private gain er 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-ac~e, one-vota basis are not prohibited from voting in that For purposes of this law, a 'relath/e" includes only the ofticer's father, mother, son, daughter, husband, wife, brother, sister, father4n-law, mother-ln.-law, soa4n-law, and daughter-in-lew. A 'business associate" means any parson or entity engaged in or carrying on a business enteq~dss with the officer as a partner, joint venturer, coowner of propan'y, or corporate shareholder (where the shares of the coq~omtion am no~ listed ea any eatle~al or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disciose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembiy the nature of your interest in the measure oa which you WITHIN 15 DAYS AFTER THE VOTE OCCURS by sompleting and filing this font] with the persea responsible for recxxding the mth- APPOINTED OFFICERS: Nthoagh you must abstain from voting in the situations descdbad above, you otbam4ue may participate in these matters. However, you must dlsdoso the:natore of the conflict before making any attempt to influence the decision, whether orally orin writing and whether:made '--l you or at your dir~. : YOU INTEND TO'MAKE ANY ATTEMPT TO INFLUENCE THE DEClSK)N PRIOR TO THE MEETING AT WHICH THE VOTE WIII BE · Yo~ must comldste and tile this form (before making any attempt to influence the decision) with the parson raslxmsibie for recording the mlnute~ of the meeting, whe will incoqx)mte the form lo the minutes. (Coatinued on otbar side) C~FORMSI)-EFF. 1/2000 ~ \~),~ PAGEt APPOINTED OFFICERS (continued) · The ferm must'be read publicly at the next meeting after the fonl~ is filed. IF YOU MAKE NO Al i t~MPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION Al' THE MEET~ING: · You must disclose orally the nature of your conflic~ in the measure before participating. You must comp~eto the form and lile it within 15 days after the vote occum with the bemon responsible for recoiling the minutes of the meeting, who must I~te the fo~m in the minutes. A copy of the ferm must be provided immediately to the other memhem ot' the agency, and the form must he mad publicly at the next meeting after the fo~m is filed. DISCLOSURE OF LOCAL OFFICER°S INTEREST I, Robei:t Cos t:in , hereby disclose that on July 6 (a) A measure came er will come before my agermy which (check Due) _.~ Iourad to my special private gain er inss; inered to Ihe special gain er in~s of my besiness associate, __ Inerad to the special gain er inss of my relative, __ inured to the special gain or loss of whom I am reteined; er __ inerad to the special gain er inss of is the Perent erganlzatton er subeldla~y of a ixfoctpal which has mteined me. (b) The ntea~ure before my agency and the netum of my ~ interest in the measure is as follows: ,2004 : Universal Beach Service Corporation is a lessee of mine. 7/6/o4 Date Filed · NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1t2.31Z, A FAILURE TO MAKE ANy REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAy BE PUNISHED aY oNEOR 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. i C~ FORM 8B - EFF. 1/'2000 PAGE2