11-02-04 Minutes
NOVEMBER 2. 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, November 2,2004.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, Acting City Clerk
2. The opening prayer was delivered by Matthew "Bump" Mitchell with the
Delray Beach Clergy Association.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated Item 10.B., Ordinance No. 42-04 will be tabled
due to the applicant's request.
The City Attorney stated there are some proposed revisions to Item 10.A.,
Ordinance No. 59-04.
Mayor Perlman requested that Item S.F., Soecial Event ReQuest/Art &
Jazz on the Avenue, be moved to the Regular Agenda as Item 9.H.
Mr. Levinson requested that Item S.H., Citv Rec02nition and Gifts
Policv, be moved to the Regular Agenda as Item 9.1.
Mr. Costin 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.
5.
APPROVAL OF MINUTES:
None.
6. PROCLAMA TIONS:
6.A. Children's Book Week - November 15-21. 2004
Mayor Perlman read and presented a proclamation proclaiming the week
of November 15-21, 2004 as Children's Book Week in Delray Beach, Florida. John
Callahan III came forward to accept the proclamation and stated Linda Hunter,
Children's Librarian, is in her 20th year encouraging reading amongst young children.
Mayor Perlman congratulated and commended Mr. Callahan, his staff, and the patrons
for being named the top library in Palm Beach County.
7.
PRESENTATIONS:
7.A. RESOLUTION NO. 80-04: Recognizing and Commending Jessie
Grant for 30 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 80-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
RECOGNIZING AND COMMENDING JESSIE
GRANT FOR THIRTY YEARS OF DEDICATED
SERVICE TO THE CITY OF DELRAY BEACH.
(The caption of Resolution No. 80-04 is on file in the City Clerk's office.)
Mayor Perlman read and presented a resolution to Jessie Grant for thirty
years of dedicated service to the City of Delray Beach. Dan Beatty, Deputy Director of
Public Utilities, came forward to accept the resolution and plaque.
Mr. Costin moved to approve Resolution No. 80-04, 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.
7.B. SW Presidents' Association. Carolvn Gholston
Carolyn Gholston, Southwest Presidents' Association, stated the members
of the Southwest and Northwest Presidents' Association as the sponsor of the Multi-
Cultural Festival thanked the Commission for their support over the years. Ms. Gholston
stated this is their ih year and this year over 1,500 people attended the festival. The Boy
Scouts opened the program this year. Ms. Gholston presented each Commissioner, the
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City Manager, Lula Butler, Chief Schroeder, Major McCollom, and the Community
Redevelopment Agency (CRA) with a plaque for their support of the Multi-Cultural
Festival. In addition, Ms. Gholston gave special recognition to Boy Scout Troop #317.
7.C. Race Relations Strate2V. Sam Mathis
Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor and
resident of Delray Beach, gave a brief presentation related to the development and
implementation of a "Race Relations Dialog and Strategy" for Delray Beach. He stated
this will help move Delray Beach closer to achieving its goal of a "Community of Unity".
Delray Beach is a community that is the highlight of the east coast because of the
diversity which exists in the community.
Mr. Levinson stated he feels this could not have come at a better time.
Mayor Perlman stated the Commission touched on this during the
Downtown Master Plan process in 2001 and it was left unfinished. Mayor Perlman stated
this is a very important and needed effort and he is happy to be working with Mr. Mathis.
Mrs. Archer stated she too had the opportunity to meet with Mr. Mathis
yesterday and she is excited about being in a position to be able to get our hands around
dealing with the issue that has been of concern for so long. She feels this will benefit
Delray and help to expedite the community unity.
Mayor Perlman inquired about the schedule for this project. Lula Butler,
Director of Community Improvement, stated the Town Hall meeting schedules will be
either the third week of November or the first week of December. Mayor Perlman stated
the Town Hall meeting as Mr. Mathis has outlined is unlike anything the City has done
before and suggested that it be marketed this way.
Mr. Costin stated this puts Delray in the forefront and he feels other
communities will follow.
Mr. Mathis thanked the Commission for taking a proactive position to
begin to embrace this for the betterment of the community.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVALIDIXIE DEL-IDA PLAT:
Approve the minor subdivision plat for Dixie Del-Ida, a re-plat of a portion of Lots 2, 3,
4, and 5, Block 5, Del Ida Park, the property is bounded by N.E. 2nd Avenue and Dixie
Boulevard.
8.B. FINAL SUBDIVISION PLAT APPROV ALIDIXIE DEL-IDA POINT
PLAT: Approve the minor subdivision plat for Del-Ida Point, a re-plat of a portion of
Lots 26, 27, and 28, Block 4, Del Ida Park, located on the southwest corner ofN.E. 2nd
Avenue and N.E. 6th Street.
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8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/19 SOUTH SWINTON
AVENUE: Approve and accept a right-of-way deed associated with 19 South Swinton
Avenue, located on the east side of South Swinton Avenue, approximately 256 feet south
of Atlantic Avenue within the Old School Square Historic Arts District.
8.D. CHANGE ORDER NO. 2/FINAL PAYMENT/D.N. HIGGINS. INC.:
Approve Change Order NO.2 in the amount of $127,167.87 and final payment in the
amount of $214,672.16 to D.N. Higgins, Inc. for the Seacrest Neighborhood
Improvements Phase IV Project. Funding is available from 442-5178-536-65.03
(Water/Sewer Renewal and Replacement Fund/Seacrest/Del Ida) and 334-3162-541-
65.43 (General Construction FundILake Ida Road North).
8.E. AMENDMENTS NO. 2/PALM BEACH COUNTY FINANCIAL
ASSISTANCE AGREEMENTS: Approve Amendment No. 2 to the Financial
Assistance Agreements with Palm Beach County for the Lake Ida Road Beautification to
allow for an extension of the deadline to apply for financial reimbursement.
8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.H.
8.G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/A VDA: Approve and authorize the
execution of a sub-recipient funding agreement with Aid to Victims of Domestic Abuse
(A VDA) in the amount of $50,000.00 under the Community Development Block Grant
(CDBG) program for FY 2002-2003. Funding is available from 118-1965-554-83.01
(CDBG/Miscellaneous Expense/Other Grants and Aid).
8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.1.
8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 18,2004 through October 29,2004.
8.J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Eimco Water Technologies, Inc. in the amount
of$187,830.00 for the rehabilitation of Clarifier NO.1 at the Water
Treatment Plant Project. Funding is available from 442-5178-536-
64.90 (Water/Sewer Renewal and Replacement Fund/Other
Machinery and Equipment).
2. Purchase award to Line-Tech, Inc. in the amount of $50,000.00 via
the city of Boynton Beach Contract for water service relocation.
Funding is available from 442-5178-536-65.17 (Water/Sewer
Renewal and Replacement Fund/Water Service Relocations).
3. Purchase award to Chaz Equipment in the amount of $50,000.00
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for sanitary sewer manhole rehabilitation. Funding is available
from 442-5178-536-61.84 (Water/Sewer Renewal and
Replacement FundlManhole Rehabilitation).
4. Purchase award to Duval Ford in the amount of$19,376.00 via the
State of Florida Contract for the purchase of one (1) I-Ton Utility
Body Pickup Truck for the Water & Sewer Network Division.
Funding is available from 441-5161-536-64.25 (Water/Sewer
Fund/Heavy Equipment).
5. The following items are associated with the Capacity Upgrade of
Lift Station 100A Project:
a. Purchase award to Southeastern Pump in the amount of
$19,257.00 for the purchase of pumps, rails, breakaway
fittings, and electrical components.
b. Purchase award to R.B. Grove, Inc. in the amount of
$33,450.00 for the purchase of a fixed 125 KV A fixed
generator.
c. Contract award to Murray Logan Construction, Inc. in the
amount of $48,000.00 via the Northern Palm Beach County
Improvement District Contract for labor and equipment.
Funding is available from 441-5181-536-69.29 (Water/Sewer
Fund/LS 100A Capacity Upgrade).
6. Purchase award to Garber Ford Fleet Sales in the amount of
$17,276.00 via the Sheriffs Association and Florida Association
Contract for the purchase of one (1) %- Ton Utility Body Pickup
Truck for the Parks and Recreation Department. Funding is
available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
7. Purchase award to Florida Rural Water Association (FRW A) in the
amount of $64,400.00 for the purchase of thirteen (13) Skid
Mounted Generators. Funding is available from 441-5161-536-
64.90 (Water/Sewer Fund/New CapitaVOther Machinery and
Equipment).
Mrs. Archer moved to approve the Consent Agenda as amended, 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.
9.
REGULAR AGENDA:
9.A. LANDSCAPE MAINTENANCE AGREEMENT/BERKHEIMER
BUILIDNG: Consider approval of and acceptance of a Landscape Maintenance
Agreement for the Berkheimer Building, located at 80 N.E. 4th Avenue.
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Mrs. Archer declared a conflict of interest and stepped down from the
dais.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
November 19,2003, the Site Plan Review and Appearance Board approved a Class I Site
Plan Modification request for the Berkheimer Building subject to conditions. The
applicant is requesting the removal of a portion of the excess asphalt between the parking
stalls and the building to allow the installation of five Travellers Palms underplanted with
Red fountain grass and Cocoplum hedges. One of the conditions of approval was that a
landscape maintenance agreement be executed which obligates this development to
construct, install and maintain the newly installed landscaping within the City owned
parking lot. The City Attorney has reviewed the agreement for legal sufficiency and
form, and determined it to be acceptable.
Mr. Costin moved to approve the Landscape Maintenance Agreement for
the Berkheimer Building, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mr.
Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.B. REOUEST FOR W AIVERlABBEY DELRAY SOUTH: Consider a
waiver request from Abbey Delray South, located at 1717 Homewood Boulevard, to
Land Development Regulations Section 4.6. 7(E)(1) to allow the placement of an off-
premise sign. (Quasi-Judicial Hearing)
At this point, Mrs. Archer returned to the dais.
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.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mrs. Archer, Mr. Costin, Ms. McCarthy, and Mayor Perlman had no ex
parte communications. Mr. Levinson stated he had a conversation with Mr. Gildersleeve
at the Abbey Delray South Men's Club last week.
Lula Butler, Director of Community Improvement, stated this item is
consideration to waive Section 4.6.7(E)(I) of the LDR's requiring signs to be located on
the property on which the business is located. At its meeting of August 25, 2004, the Site
Plan Review and Appearance Board (SPRAB) found that this particular property is a
unique location and because of its setback it is difficult for people to identify the
entrance. The Board supported the waiver because a significant number of elderly
travelers are unable to read the sign and drive by the entrance. The Board also agreed
that Abbey De1ray South is a voting precinct and voters are having trouble locating their
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voting station, voting unanimously to forward the sign on to the City Commission for
consideration to waive Section 4.6.7(E)(I) Off-Premise Signs. Section 2.4.7(B) of the
LDR's allows the City Commission to grant waivers to this section of the code governing
signs after making a finding of fact based on one of the following: (1) shall not adversely
affect the neighborhood area, (2) shall not significantly diminish the provision of public
facilities, (3) shall not create an unsafe situation, (4) does not result in the granting of a
special privilege in that the same waiver would not be granted under similar
circumstances on other property for another applicant or owner. Staff recommends
approval of the waiver request to Section 4.6.7(E)(I) based on the finding and
recommendations of the SPRAB.
Shawn Perrigo, Administrator of Abbey Delray South, 1717 Homewood
Boulevard, Delray Beach, thanked Lula Butler and her staff, along with Jean Beer and
Earl Teske (residents of Abbey Delray South). He stated Abbey Delray South is a voting
precinct and also noted there are two other communities in Delray Beach where over
1,000 are employed between the three communities. Mr. Perrigo stated people often get
Abbey Delray South confused with the neighboring community (Crosswinds) and the
property where he would like to put the sign is on the corner of Linton and Homewood
Boulevard. Mr. Perrigo stated it will be beneficial to the community because they are a
voting precinct.
Jean Beer, resident of Abbey Delray South, presented photographs to the
Commission showing what one would see coming up Homewood Boulevard from the
other side of the light and also as you turn right from Linton Boulevard onto Homewood
Boulevard.
Earl Teske, resident of Abbey Delray South, stated last May there were 23
unsold units and at the present time there are 17 unoccupied units. As a result, Mr. Teske
stated there is over a $200,000 deficit in the operating budget and $25,000,000 deficit in
the reserves. Mr. Teske stated Abbey Delray South is difficult for people to find and
urged the Commission to approve the waiver request.
Prior to the vote, Ms. McCarthy stated this is very timely and she feels it
makes good sense.
Mrs. Archer moved to approve the waiver request from Abbey Delray
South to Section 4.6.7(E)(I) of the LDR's to allow the placement of an off-premise sign
based on the finding and recommendations of the Site Plan Review and Appearance
Board (SPRAB), seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.C. INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CONTRACT WITH ASPHALT
CONSULTANTS. INC. FOR CONSTRUCTION OF IMPROVEMENTS/ NW/SW
5TH AVENUE AND CONTRACT ADDITION NO.1 FOR MILLER PARK :
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Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy.
Richard Hasko, Director of Environmental Services, stated staff
recommends approval of an Interlocal Agreement with the CRA, an agreement with
Asphalt Consultants, Inc. and a Contract Addition No. 1 with Asphalt Consultants, Inc.
for the construction of improvements for NW/SW 5th Avenue and the resurfacing of the
Miller Park parking lot. Mr. Hasko stated this project represents the first item under
major project actions on Goal #1 for expanded downtown from 1-95 to A-I-A and also
represents major project #1 under major projects for fiscal year 2004/2005. Therefore,
Mr. Hasko stated this forwards the goals and objectives for the coming year.
Mr. Levinson inquired about the Miller Field Resurfacing. Mr. Hasko
stated other than the fact that the cost of asphalt has increased one of the reasons this
appears to be a little pricey is because this is not just a resurfacing. Mr. Hasko stated
there are dollars in there for repairing and adjusting valves, etc.
9.C.1. Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) in an amount not to exceed $1,094,823.38.
Mrs. Archer moved to approve the Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA), seconded by Mr. Levinson. Upon
roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.C.2. Consider approval of a contract between the City and Asphalt Consultants,
Inc. in the amount of $1,853,886.75 for the construction of improvements for the
NW/SW 5th Avenue Beautification Project. Funding is available from 334-3162-541-
65.83 (General Construction Fund), 442-5178-536-65.83 (Water &
Sewer/Renewal/Replacement) and 448-5461-538-65.83 (Stormwater Utility Fund).
Mr. Costin moved to approve the contract between the City and Asphalt
Consultants, Inc. for the construction of improvements for the NW/SW 5th Avenue
Beautification Project, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin -
Yes. Said motion passed with a 4 to 0 vote.
9.C.3. Consider approval of Contract Addition No. 1 between the City and
Asphalt Consultants, Inc. in the amount of $88,314.00 for the resurfacing of the Miller
Park parking lot. Funding is available from 001-6111-519-49.90 (General Fund/Other
Current Charges).
Mr. Levinson moved to approve the Contract Addition NO.1 between the
City and Asphalt Consultants, Inc., seconded by Mr. Costin. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin -
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Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
9.D. INITIATION OF AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LDR): Formally initiate an amendment to Land Development
Regulations regarding height limitations in the CBD (Central Business District).
At this point, Mayor Perlman returned to the dais.
Mr. Costin declared a conflict of interest and stepped down from the dais.
Paul Dorling, Director of Planning and Zoning, handed out a colored
version of the map and explained that the City Commission has identified concerns over
the recent intensity of development in the CBD (Central Business District) in particular a
recent proliferation of development requests and inquiries seeking conditional use
approval for height exceeding the 48 feet limit. Particular concern is noted relating to the
impact of increases in height on less intense zoning districts which surround the CBD and
in many cases these districts have a maximum height limit of 35 feet. Currently, staff is
processing some changes regarding the OS SHAD district which prohibit the ability for
certain parcels that are now subject to CBD regulations. This proposed amendment will
further enhance these efforts by creating a 150 foot buffer that will not allow an increase
in height (between 48 feet and 60 feet) if the CBD property abuts a zoning district having
a maximum height of 35 feet. The amendment will also look at tightening up the criteria
that must be met in order to increase height throughout the CBD as well as other areas
where increases in height are allowed.
Brief discussion between staff and the Commission followed.
Mr. Levinson moved to approve to initiate the amendment to Section
4.3.4(1)(4) "Increases in height regulations" to limit the area in the CBD available for an
increase in height and to modify the criteria which must be met to support and increase in
height, 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.
9.E. TAX RULING: Consider granting permission to request a private letter
ruling regarding payment of increased benefits.
At this point, Commissioner Costin returned to the dais.
The City Attorney stated this item is whether to seek a private letter
ruling from the IRS regarding the purchase of increased benefits for those Drop
Employees and others who may want to purchase an increased multiplier benefit. The
anticipated cost is between $5,000 and $10,000 in attorney's fees and a user fee of
approximately $6,000. The City Attorney stated there is a similar event with retired
school teachers; however, the letter ruling was not favorable.
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Mayor Perlman inquired about the $6,000 user fee. The City Attorney
stated the user fee is an IRS rule that you have to pay to get a letter ruling (i.e. like a
special assessment).
Mr. Levinson asked how many employees have expressed interest. The
City Attorney stated she is not certain of the actual number of individuals who are
interested in purchasing the increased multiplier benefit. The City Attorney stated she
received an email that indicated there was sufficient interest among the Police and Fire
Drop participants that they would like the City to move forward with this.
Mayor Perlman asked if this is incumbent upon the Commission or would
it be the Pension Board to pay for the ruling. The City Manager stated this would apply
to both the City's Pension Plans.
Mr. Levinson stated he would like to know more specifically how many
have an interest.
The City Attorney stated there are two issues: (1) people who are in the
DROP Plan, and (2) there are issues with other pension plans for employees who are not
in the DROP Plan who may want to purchase the actuarial value of an increased
multiplier.
After brief discussion the City Commission directed the City Attorney to
provide more information regarding the number of employees who may want to purchase
an increased multiplier benefit.
At this point, the time being 7:02 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 59-04 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.4(K) "Development Standards Matrix" to provide for a change in the minimum
building setbacks and Section 4.4.24, "Old School Square Historic Arts District"
(OS SHAD), to provide for changes to the Principal Uses, Accessory Uses, Conditional
Uses, Review and Approval Process, Development Standards and Special District
Regulations to regulate development size, massing, and scale. If passed, a second public
hearing will be scheduled for November 16, 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. 59-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
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AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX", TO PROVIDE FOR A
CHANGE IN THE MINIMUM BUILDING SETBACKS;
AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OS SHAD)", TO
PROVIDE FOR CHANGES TO THE PRINCIPAL USES,
ACCESSORY USES, CONDITIONAL USES, REVIEW
AND APPROVAL PROCESS, DEVELOPMENT
STANDARDS AND SPECIAL DISTRICT
REGULATIONS IN ORDER TO HELP REGULATE
DEVELOPMENT SIZE, MASSING AND SCALE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-04 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 Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated at a previous
meeting the City Commission raised concerns that Old School Square Historic Arts
District (OS SHAD) zoning district regulations did not adequately discourage
development which could negatively impact the character of the District. Staff reviewed
the zoning regulations and made some revisions. The proposed text amendment will
allow no more than two residential units in a mixed use structure and clarifies multi-
family structures and townhouses are not currently permitted in the district. The
amendment also limits the width of a building fronting a street to 60 feet and requires a
minimum separation of 15 feet between buildings fronting a street for a development site
that contains more than one structure. These dimensions have been selected as it reflects
the prominent development pattern given the average lot width of 75 feet and requires
side setbacks of 7 1Iz feet within the district. Mr. Dorling stated this also would not allow
a building height in excess of 48 feet on OSSHAD zoned properties subject to CBD
regulations.
At its meeting of October 18, 2004, the Planning and Zoning Board held a
public hearing regarding this item. There were two members of the public who spoke in
opposition to the amendment. One person owned two properties and was concerned that
he could not add additional units on the property as a result of the amendment. He was
informed that multiple family structures are currently not allowed and the amendment
will provide clarification to that affect. A representative of Dharma properties expressed
concerns with limiting the width of the structures fronting a street and felt that existing
historic structures could not be constructed based on the proposed amendment. The
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Board voted 5-1 (Pike dissenting, Krall absent) to recommend approval of the proposed
amendment 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 criteria set
forth in Section 2.4.5(M) of the LDR's.
Mayor Perlman asked how staff derived at the 60 foot length. Mr. Dorling
stated this was derived at from an average lot size of75 feet which would allow a 60 foot
building given the 7 1Iz foot side setbacks of the district.
Brief discussion between staff and the Commission followed.
Mayor Perlman declared the public hearing open.
Paul Nicoletti, Attorney with Moyle, Flanigan, Katz, Raymond &
Sheehan, P.A. in West Palm Beach (representing Dharma Properties, Inc.) urged the
Commission to approve the ordinance as it is.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 59-04, the public hearing was closed.
Prior to the vote, Mayor Perlman asked for clarification regarding a
comment expressed by Mr. Nicoletti regarding aggregated lots. Mr. Dorling stated the
reference that if you have aggregation you have multiple buildings (a 60 foot building
and the required 15 feet between them) so you could have a larger piece but break it up
into smaller buildings rather than to have a larger building. Staff feels this is inconsistent
with the development of the district. Mayor Perlman asked what buildings are the 100
foot buildings. Mr. Dorling stated the 100 foot buildings are the two office buildings
across the street, the MRI facility, and the new office building south of 1 st.
Ms. McCarthy made reference to Section 4.4.24(B)(9) Bed and Breakfast
Inns of the ordinance and asked if a Bed and Breakfast Inn could actually be located on
the land south of Atlantic Avenue on the east side of the street if the lots were put
together and did a Unity of Title or would the applicant be restricted from doing
something like that. Mr. Dorling stated the applicant could seek a conditional use
approval for a residence inn; the ordinance as proposed would require that it be multiple
buildings with a maximum of 60 feet in length for each but would allow connections for
the weather between buildings. The mass of the buildings would have to be 15 feet a part
but they could have covered walkways between multiple buildings. Mr. Dorling stated
the character of the OS SHAD is small development and has a particular character to it
unlike some other areas of the CBD.
Mr. Levinson moved to approve Ordinance No. 59-04 and approve the
amendment to the LDR Sections 4.3.4(K) and 4.4.24 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 criteria set forth in Section 2.4.5(M) of the LDR's with
the omission of the reference "and (7)" in paragraph (F)( 4) and the deletion of paragraph
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(F)(7) in its entirety on First Reading/First Public Hearing, 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 - No. Said motion passed
with a 4 to 1 vote, Ms. McCarthy dissenting.
10.B. THIS ITEM HAS BEEN TABLED PER THE APPLICANT'S
REQUEST.
10.C. ORDINANCE NO. 49-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Chapter 2, "Administrative Provisions", of the
Land Development Regulations by amending Section 2.4.6(H), "Temporary Use Permit"
regarding horse drawn carriages to allow the use of horse drawn carriages (for special
events) if the owner or operator has a license agreement approved by the City
Commission and providing for limited hours in the summer season. If passed, a second
public hearing will be scheduled for November 16, 2004. Prior to consideration of
passage of this ordinance on First Reading/First Public Reading, a public hearing has
been scheduled to be held at this time.
The caption of Ordinance No. 49-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 2.4.6 (H)(3)(D) BY
ADDING SUBSECTION 2.4.6(H)(3)(D), (2),
ALLOWING THE USE OF HORSE DRAWN
CARRIAGES FOR SPECIAL EVENTS IF THE OWNER
OR OPERATOR HAS A LICENSE AGREEMENT
APPROVED BY THE CITY COMMISSION AND
PROVIDING FOR LIMITED HOURS IN THE SUMMER
SEASON; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 49-04 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 Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
November 4, 2003, the City Commission approved an amendment to the LDR's
regarding Section 2.4.6(H) adding "Horse Drawn Carriage Rides, Ice Skating Rink,
Carousal, and Other Related Holiday, Seasonal/Temporary Uses" as one of the temporary
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11/02/04
use categories allowed under LDR Section 2.4.6(H). This new amendment proposes to
add that if an owner/operator enters into a license agreement with the City of Delray
Beach they would be subject to specific terms and times that they would be allowed to
have special event rides; with the exception that between June 1 st through November 1 st
they would not be allowed to have these rides except between 6:00 p.m. and 10:00 p.m.
Or, if there were a wedding they could also have the morning hours of 8:00 a.m. and
12:00 noon. This restriction would assure that the rides would not be conducted between
the hottest parts of the day.
At its meeting of August 26, 2004, the Planning and Zoning Board
considered the amendment. The Board asked for some additional clarification and the
amendment was brought back to the Board at their meeting of October 18, 2004. One of
the vendors from Horse Drawn Carriages, Inc. felt there should be no restrictions on the
hours of operation. After deliberation the Planning and Zoning Board recommended
approval of the proposed amendment without the language restricting hours of operation,
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 criteria set forth in Section
2.4.5(M) of the LDR's. The Community Redevelopment Agency (CRA) also reviewed
the LDR amendment at their August 12,2004 meeting and after discussion voted to defer
this item to the City Commission. The DDA considered the amendment at their August
13, 2004 meeting and recommended denial. The Board felt that there should be no
restrictions on the hours of operation because that would be self regulated by the carriage
operators. It was thought that the operators would have the animal's welfare in mind and
would not operate at hours that would be dangerous for the animals.
Mayor Perlman stated the CRA needs to formally vote on issues.
Mr. Levinson stated he discussed this with the CRA at their last meeting
and they have agreed to do this.
Mayor Perlman declared the public hearing open.
Rebecca Learman, Owner of Horse Drawn Carriages, Inc., (11715 Sunset
Boulevard, West Palm Beach, FL 33411), stated the horses are a part of her family and
noted that Florida is the second largest horse populated State in the nation. Ms. Learman
discussed detailed guidelines regarding temperatures, etc. She stated most weddings
during the summer in the late afternoon. She asked the hours not be limited or if they
were limited, to accommodate weddings.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 49-04, the public hearing was closed.
Prior to the vote, Mrs. Archer stated if there is an afternoon wedding how
long is the horse on the street? In response, Ms. Learman stated in the summer most of
the weddings last one hour with the maximum length of time for the weddings being two
hours. Ms. Learman stated this is the time that the horses actually hitch to the carriage.
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11/02/04
Mrs. Archer proposed to not limit the hours to noon if the horses are going to be on the
street for two hours. Mr. Levinson did not concur with comments expressed by Mrs.
Archer and therefore did not amend his motion.
Mr. Levinson moved to approve Ordinance No. 49-04 and approve the
amendment to the LDR's Section 2.4.6(H)(3) "Regulations and Restrictions" by adding
Subsection 2.4.6(H)(3)(d)(2), allowing Horse Drawn carriage rides for special events if
the operator has a license agreement approved by the City Commission and providing
limited hours in the summer season 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 criteria set forth in Section 2.4.5(M) of the LDR's on First Reading/First Public
Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - No. Said motion passed with a 3 to 2 vote, Mrs. Archer and Mayor Perlman
dissenting.
10.D. ORDINANCE NO. 64-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR)
Subsection 4.3.3 (0)( 1), Application; 4.3.4(1)(4), "Increases to Height Regulations";
Subsection 4.3 .4(K), "Development Standards Matrix", Section 4.4.9 "General
Commercial (GC) District"; Section 4.4.13, "Central Business District (CBD)";
Subsection 4.4.24(F), "Development Standards"; Section 4.5.6, "The West Atlantic
Avenue Overlay District"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation";
Subsection 4.6.9(E)(3), "In-lieu Fee", and Subsection 4.6.18 "Architectural Elevations
and Aesthetics" to incorporate regulations related to the GC (General Commercial)
portion of the West Atlantic Avenue Overlay District into the CBD (Central Business
District). If passed, a second public hearing will be scheduled for November 16, 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. 64-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SUB-SUBSECTION 4.3.3(0)(1),
"APPLICATION"; SUB-SUBSECTION 4.3.4(1)(4),
"INCREASES TO HEIGHT REGULATIONS";
SUBSECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX"; SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT; SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT";
SUBSECTION 4.4.24(F), "DEVELOPMENT
STANDARDS"; SECTION 4.5.6, "THE WEST
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11/02/04
ATLANTIC OVERLAY DISTRICT"; SUBSECTION
4.6.4(A), "COMMERCIAL ZONING ADJACENT TO
RESIDENTIAL ZONING OR ZONING DISTRICTS
WITH A THIRTY-FIVE (35) FOOT HEIGHT
LIMITATION"; SUB-SUBSECTION 4.6.9(E)(3), "IN-
LIEU FEE" AND SUBSECTION 4.6.18,
"ARCHITECTURAL ELEVATIONS AND
AESTHETICS"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 64-04 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 Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan
to guide future development of the downtown business districts. The goal is to include
these districts within one zoning classification - the CBD (Central Business District). In
the interim since this was being sent to DCA, the City adopted the design guidelines into
the GC (General Commercial) district so that they would apply and be utilized for
development in the West Atlantic Overlay district. Now that these amendments have
come back from DCA and the zoning is CBD, it is appropriate to modify the GC and
move it into the CBD.
At its meeting of October 18, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the proposed text amendment. There was no public
testimony regarding the proposed changes. After deliberation, the Board recommended
approval of the proposed text amendment on a vote of 6-0 (Krall absent), by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the LDR's.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 49-04, the
public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 64-04 on First
Reading/First Public Hearing, 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.
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11/02/04
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.
Citv Mana2er's response to prior public comments and inauiries.
The City Manager had no response to prior public comments and
mqUIrIes.
11.B.
From the Public.
11.B.1. Loren Levinson. 943 Ever2reen Drive. Delrav Beach. FL 33483
thanked Mayor Perlman and Commissioner Costin for visiting the 4th graders at Banyan
Creek Elementary School. She stated the children were very excited to meet their local
leaders and it helped bring to life what they were studying in class. In addition, Miss
Levinson presented Mayor Perlman and Commissioner Costin with a card signed by the
entire 4th grade class.
11.B.2. Timothv Marks. 218 N.E. 7th Avenue. Delrav Beach, stated sidewalks
are being installed on his block without any notification to the residents about the
installation. Mr. Marks stated after conversing with several residents and the previous
owners of a property, he realized that no notice was given to the residents of the street
regarding the sidewalk installation nor was there any public notice. Mr. Marks stated he
pursued this issue with Richard Hasko, Director of Environmental Services, and Randal
Krejcarek, City Engineer. Mr. Marks stated City staff indicated that the company is not
working with any portion of the City and the matter was funded by the Federal
Government and a request was put in for funding in 1996. He stated between that time
up until two weeks ago, there has been no indication to the community as to what was
going on and now that they have the money, they're implementing the sidewalks. Mr.
Marks submitted two documents into the record and requested a hearing on this matter
for November 16, 2004 so some of the residents can voice their concerns.
Mayor Perlman asked if there is a City policy regarding notification to the
public. The City Manager stated the public should have been notified.
Mr. Levinson commented that they are not building on anybody's
easement but are building on right-of-way.
Mr. Marks stated most property owners' have taken the time to maintain
and beautify the fronts of their properties and in his opinion are now being penalized for
no notification of the sidewalk installation.
11.B.3. Debbie Frvbar2er. 531 Anchor Point. Delrav Beach. FL 33444
(Delrav Lakes subdivision), expressed concern over the overgrown vegetation that has
taken over the "L" shaped canal behind Anchor Point leading into Lake Ida. Ms.
Frybarger stated she is seeking assistance relief and asked who's responsible for
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11/02/04
maintaining the canal. In addition, she requested that the Commission place this item on
their next agenda.
11.B.4. Len Cava. 1095 Anchor Point. Delrav Beach. FL 33444 (Delrav Lakes
subdivision), has attempted to seek numerous avenues to get assistance with regard to the
overgrown vegetation and showed photographs of what the canal looked like in May
2004 and what the canal looks like currently (November 2004).
11.B.5. Harvev Tucker. 1135 Anchor Point. Delrav Beach. FL 33444 (Delrav
Lakes subdivision) stated he spent a few days on the telephone trying to get answers and
he was informed that he had to pull permits to install docks in his backyard. He stated
according to a Commissioner who is charge of Boynton Beach weed control, the Federal
Government withdrew funding for eight canals. However, Mr. Tucker stated all the
canals off Lake Ida are being sprayed by a company called Aquatic Vegetation Control,
Inc. (6753 Garden Road, Suite #109, Riviera Beach, FL 33404) with the exception of the
canal behind Anchor Point and he would like to know why this canal is not being
maintained.
At this point, the time being 7:50 p.m., the Commission moved to Item
9.F. of the Regular Agenda.
9.F. PROPOSAL FOR SETTLEMENT IN VOSBURGH v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of$12,500.00 in
Vosburgh v. City of Del ray Beach. Staff recommendation is acceptance.
The City Attorney stated this is a case which involves a Delray Beach
Police Officer and a lawsuit filed against the City. The Plaintiff has agreed to settle the
case for $12,500.00 including attorneys' fees and costs. If the City proceeds to trial, staff
expects the City's costs for expert witnesses and trial preparation to be well over
$15,000.00.
Prior to the vote, Mr. Levinson stated he supports the recommendation of
the settlement amount of $12,500.00.
Mrs. Archer stated approving the settlement would send the wrong
message to the Police Department. However, being prudent about the financial costs
involved, she feels it would be better to approve the settlement offer of$12,500.00.
Mayor Perlman stated he feels there is always a delicate balance between
fiscal prudence and not settling even though it may be a good case. He feels the
statement in the newspaper sends a very negative message to the Police Department.
Therefore, he will not support the settlement.
Mr. Costin stated the cost of litigation is very expensive and he feels this
is cost effective. In addition, Mr. Costin stated by approving the settlement offer it does
not mean the City is admitting to anything.
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11/02/04
Ms. McCarthy stated she concurs with comments expressed by Mr.
Levinson and by Mr. Costin. She stated the Commission approving the settlement only
means this is how they choose to handle this not that the City is admitting to any liability.
Ms. McCarthy stated they cannot mandate how a jury is going to end up and supports the
settlement.
The City Attorney stated the estimated cost involved is approximately
$20,000.00. She reiterated that litigation is always a risk and witnesses could testify to
certain things that mayor may not be believed by a jury. The City Attorney stated even
though it is a good case she cannot predict the jury.
Mr. Costin stated there is unseen potential if it is not settled.
Brief discussion continued between staff and the Commission.
Mr. Costin moved to approve the proposal for settlement in the amount of
$12,500 in Vosburgh v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call
the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - No; Mr. Costin - Yes; Mrs. Archer - No. Said motion passed with a 3 to 2
vote.
9.G. CONSULTANT AGREEMENT/SAMUEL E. MATHIS. JR:
Consider approval of a consultant agreement between the City and Samuel E. Mathis, Jr.
in the amount of $25,000.00 for services related to the development and implementation
of a "Race Relations Dialog and Strategy" for the City. Funding is available from 001-
1111-511-34.90 (General Fund/Other Contractual Services).
Mr. Levinson moved to approve the consultant agreement between the
City of Delray Beach and Samuel E. Mathis, Jr., in the amount of $25,000.00, 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.
9.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Approve and endorse the Art & Jazz on the Avenue scheduled for December 9, 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. ih Avenue, the south side of
Atlantic Avenue from N.E. ih Avenue to just past the Blue Anchor Pub, Railroad Drive
from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E.
2nd Street, and authorize staff support for security and traffic control, banner hanging and
removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City
stages.
Mayor Perlman asked if the City has talked to the merchants west of
Swinton Avenue on whether or not they would like to be a part of this. He stated a
compelling reason to go west particularly this year is because of the Atlantic Grove
project.
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11/02/04
Mrs. Archer commented that it may be better to wait until next year.
Mayor Perlman stated he does not feel there is any harm in asking the
Delray Merchant's Association (DMA) if there is interest.
Ms. McCarthy stated there are business owners that have been working
there for years and she feels now is the time to at least ask some of the business owners
on the north side of Atlantic Avenue west of Swinton Avenue. Mr. Costin concurs with
Mayor Perlman and Ms. McCarthy that now is the time if there is interest.
Ms. McCarthy moved to approve Art & Jazz on the Avenue on December
9, 2004 from 6:00 p.m. to 10:00 p.m. with the possibility of extending the event west to
N.W. 3rd Avenue to allow those vendors in the walkway to be included in the activities if
they desire to do so, 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.
9.1. CITY RECOGNITION AND GIFTS POLICY: Approve the City
Recognition and Gifts Policy.
Mr. Levinson suggested that there be a process regarding proclamations
and to how they are approved prior to being initiated (as like with the Key to the City and
Special Recognition Awards). He suggested that language be added to the policy that the
City Manager shall have the discretion of approving a proclamation before it goes on the
agenda.
Ms. McCarthy stated in other words add what is already being done so that
everyone is aware of it as well.
Mr. Levinson moved to approve the City Recognition and Gifts Policy
subject to the City Manager having discretion of approving a proclamation before it goes
on the agenda, 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:
l2.A. ORDINANCE NO. 57-04: Annexation, Small-Scale Future Land Use
Map (FLUM) Amendment from County HR (High Density Residential-8 dwelling units
per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre), and
rezoning from AR (Agricultural Residential) to RM (Medium Density Residential) for a
4.86 acre property, located on the west side of Military Trail, approximately 700 feet
south of Atlantic Avenue. Ifpassed, a public hearing will be scheduled for November 16,
2004.
The caption of Ordinance No. 57-04 is as follows:
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11/02/04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED 710 FEET SOUTH OF
WEST ATLANTIC AVENUE AND 260 FEET WEST OF
MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
AFFIXING AN OFFICIAL LAND USE DESIGNATION
OF MD (MEDIUM DENSITY RESIDENTIAL 5-12
DU/ AC) FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT, A
FLEXIBLE ZONING DISTRICT WHICH ALLOWS A
DENSITY OF 6 TO 12 UNITS PER ACRE AND
AUTHORIZES A DENSITY SUFFIX TO BE AFFIXED
THAT LIMITS THE DENSITY TO A DENSITY LESS
THAN 12 BUT MORE THAN 6 UNITS PER ACRE;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 57-04 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 this is a voluntary
annexation and is also a Future Land Use Amendment (FLUM) from the County
designation to the City designation. Mr. Dorling stated he will defer his presentation to
the next quasi-judicial hearing scheduled for November 16, 2004.
The City Attorney stated staff has added some "whereas" clauses to all the
ordinances pertaining to rezonings and other features where findings need to be made.
Mr. Levinson moved to approve Ordinance No. 57-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
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11/02/04
l2.B. ORDINANCE NO. 62-04: An ordinance amending Land Development
Regulations (LDR), 1.3.6(A) "Repairs and Maintenance" to allow repair and maintenance
to nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures. If passed, a public hearing will be scheduled for November
16,2004.
The caption of Ordinance No. 62-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING ARTICLE 1.3, "NONCONFORMING
USES, LOTS, AND STRUCTURES", SECTION 1.3.6,
"REPAIRS AND MAINTENANCE", TO ALLOW
REP AIR AND MAINTENANCE TO
NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL MAXIMUM THRESHOLDS
LISTED FOR NONCONFORMING STRUCTURES;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 62-04 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 during the course of
reviewing recent development proposals with the City's historic districts, staff has
identified a concern with regard to the yearly limits to repair and maintenance placed on
nonconforming structures, particularly as it relates to contributing structures within
historic districts and individually listed historic structures. Therefore, staff requests that
this amendment be applied to historic structures both those that are in the district and
those that are individually designated so as to not discourage renovation of these
structures.
Mrs. Archer moved to approve Ordinance No. 62-04 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.
n.e. ORDINANCE NO. 63-04: An ordinance amending Land Development
Regulations (LDR), Appendix "A", "Definitions", to provide a more detailed definition
of "Sign". Ifpassed, a public hearing will be scheduled for November 16, 2004.
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11/02/04
The caption of Ordinance No. 63-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ORDINANCE 14-04 BY AMENDING
SECTION 3, APPENDIX "A", "SIGN", TO PROVIDE
A MORE DETAILED DEFINITION OF "SIGN";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 63-04 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 this ordinance
includes some minor modifications to clarify the definition of "Sign". At its meeting of
October 18, 2004, the Planning and Zoning Board considered this item and after
discussion, the Board voted 6-0 (Krall absent) to recommend approval of the proposed
amendment to Appendix "A" of the LDR's regarding the definition of "Sign", 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 criteria set forth in Section
2.4.5(M) of the LDR's.
Mr. Costin moved to approve Ordinance No. 63-04 on FIRST Reading,
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.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. Citv Mana2er
With regard to a concern expressed by Mr. Levinson about the property
where the old Publix supermarket was located and the pollution in this area, the City
Manager noted that staff has obtained a copy of the second quarter monitoring report
dated June 18th for that property. The City Manager stated the pertinent part of the report
states: "Contaminant concentrations detected during this event are all currently within
the State promulgated maximum contaminate levels with the exception of monitoring
Well #13, which returned a PCE (tetrachloroethylene) concentration of 3.8 micrograms
per liter slightly above the maximum contaminate level (slightly above the Maximum
Contaminate Level (MCL) for PCE of 3.0 micrograms per liter). The consultant
recommends that the quarterly Natural Attenuation Monitoring Plan continue at the Site.
The next quarter of groundwater sampling is scheduled to be collected in September
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11/02/04
2004." The City Manager stated if the results of the next quarter of groundwater
monitoring establishes that all monitoring wells exhibit concentrations below state
promulgated Maximum Contaminate Level (MCL) standards, then the consultant will
submit to the Florida Department of Environmental Protection (FDEP) a No Further
Action Proposal for the site.
The City Manager stated he has been informed that the contaminant plume
has not migrated off of the shopping center site, the contaminant plume is decreasing in
size except one location on the site, current contaminant levels are below Maximum
Contaminant Levels (MCL's) established for contaminants present, the nearest drinking
water wells to this site were previously sampled for contamination and with negative
testing results; and, there are no active drinking water wells threatened from this site nor
is there any anticipated threat of contamination in the future.
Mr. Levinson expressed concern that the owner of the property continues
to say he is going to do something with the property and has not done anything for years.
He suggested that a letter be sent to the property owner indicating that the City is
concerned that this has gone on too long and that the property owner mitigate this
situation.
The City Manager stated monitoring Well # 13 is directly in front of the
Eckerd Drug Store and the consultants report is showing the direction of ground water
flow as being toward the southwest.
13.B.
Citv Attornev
The City Attorney stated Terrill Pyburn has returned from her wedding
and it is nice to have her back.
13.e.
Citv Commission
13.e.1.
Mrs. Archer
Mrs. Archer had no comments or inquiries on non-agenda items.
13.e.2.
Mr. Costin
Mr. Costin congratulated the City Manager and staff for the money saved
with the purchase of the generators.
13.e.3.
Ms. McCarthv
Ms. McCarthy stated she would like to inform Miss Levinson that her Dad
did ask the entire Commission to help volunteer. She stated her volunteer hours have
been maxed out and hopefully next time she will have a little more notice and be able to
do that.
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11/02/04
Secondly, Ms. McCarthy commented about the Life Achievement Awards
held at Old School Square. She stated the Simon Brothers and Mrs. Wesley were
recognized for their lifetime achievements and it was a wonderful experience.
She stated she attended the Annual TED Center Gala and she had the
opportunity to speak to Tony Newbold who shared some of FPL's perspectives of the
relationship that has been reestablished on another level with the Commission and the
administration for the City of Delray Beach. Ms. McCarthy applauded Mr. Newbold for
being that liaison and overcoming electrical short circuits.
13.CA.
Mr. Levinson
Mr. Levinson stated he read an article dated Saturday, October 30, 2004 in
the Sun-Sentinel News (Opinion Letter to the Editor) written by Mr. Gerald Franciosa
with regard to the library. Mr. Levinson read into the record some verbatim remarks
made by Mr. Franciosa from the City Commission meeting of January 16,2001 regarding
the relocation of the library. Mr. Levinson stated he, the rest of the Commission, and
hundreds of people who attended the Charrette for the library thought that one of the
many reasons to put the library on West Atlantic Avenue was because it was in the center
of the community between black and white so that it would encourage people on the
minority section of town and the majority section of town to come together much as they
do at Old School Square.
Secondly, Mr. Levinson stated he was very pleased to see the Department
of Environmental Protection (DEP) preliminary report on Carver Square.
Mr. Levinson stated Ivan Ladizinsky, Public Information Officer, figured
out a way to shrink the "News for Neighborhoods" newsletter to letter size on the water
bills.
He stated the City Attorney drafted an issue with regard to the exclusion
of the emaillist from the Public Records Act and it looks great. He would like to discuss
this when the Commission talks about the legislative agenda.
The City Manager stated this item will be on the November 9, 2004
Workshop agenda.
Mr. Levinson stated he had the opportunity to attend the Unity School 40th
Anniversary and Maria Barber's 20th Anniversary over the weekend.
He stated Halloween night was fun and commended Chief Koen for
coming up with the idea of the firefighters' visiting several subdivisions throughout the
community distributing candy.
Mr. Levinson commented about the purchase of the generators and asked
if the City can obtain more.
- 25 -
11/02/04
He stated he had a conversation at the Tri-County School Board meeting
with Allen Levy, Regional Business Alliance Chair, who was interested in the proposed
Workforce Housing Ordinance and the materials on what the City of De1ray Beach did
with Bexley Park.
Mr. Levinson commented about the alleyway behind City Oyster
restaurant next to Bru' s restaurant that has been under construction for quite some time.
He inquired about the schedule for this and the City Manager stated he will let him know.
13.C.5.
Mavor Perlman
Mayor Perlman introduced Jamie Patton with Troop #315 based in Boca
Raton and stated he received his service badge. Mayor Perlman stated part of Jamie's
service is that he attend a meeting and write on an issue that concerns him. He wrote on
the boat ramp issue and sent an email to Mayor Perlman. Mayor Perlman stated he
would forward this email to the rest of the Commission.
He announced that Tracey Sweeney, Executive Assistant, had a healthy
baby girl and extended his congratulations.
Mayor Perlman stated a few of the Commissioners attended the Church of
the Palms service and stated Reverend Richardson is going to make this a yearly
tradition. Mayor Perlman stated the concept was that prayer is for community leaders
and civil servants and noted Reverend Richardson honored the Police Department, Fire-
Rescue Department, and the City Commissioners. He suggested next year to inform
employees so that they may attend the event if they so wish.
Mayor Perlman acknowledged Commissioner Levinson's birthday.
Lastly, Mayor Perlman announced that Cold Stone Creamery will open
Friday, November 5, 2004 and noted that they delivered ice cream samples to City Hall
yesterday.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:35 p.m.
~S).
~\~·N
Acting City Clerk
ATTEST:
~ftz
- 26-
11/02/04
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 November 2, 2004, which Minutes were formally approved and adopted by the City
Commission on November 16, 2004
~S).~~
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.
!
\
r
- 27-
11/02/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-COUNTY, MUNICIPAL. AND OTHER lOCAL PUBLIC OFFICERS
r r NAME-FIRST NAME-MIOOLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE
Archer, Patricia Delray Beach City Commission
MAlUNG ADDRESS THE BOARD. COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON
380 Sherwood Forest Drive WHICH I SERVE IS A UNIT OF;
CITY COUNTY rKCI1Y a COUNTY a OTHER LOCAl.. AGENCY
Delray Beach, Florida Palm Beach NAME OF POlITICAL SU8OMS1ON:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSmON IS:
11/02/04 Xi ElEC11VE a APPOINTIVE
WHO MUST FILE FORM 88
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 vary greaUy depending
on whether you hold an elective or appointive posiüon. For this reason, please pay close attention to the instructioos on this fann before
completing the reverse side and filing 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
lres to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
re 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-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 officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
.
.
*
.
*
*
ELECTED OFFICERS:
In addition to abstaining 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 fann 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 othetWise may participate in these matters. However, you
--ust discios~ the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
, you or at yoor direction.
.. 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 fonn (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)
CEFORM8B-EFF.1/2000
~~~
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The fonn must be read publicly at the next meeting after the fonn 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 fonn and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must inoorporate the form in the minutes. A copy of the foem must be provided immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Patricia Archer
, hereby disclose that on
November 2
, 200~:
(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,
Inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
~.(L,~ _C'" .....~
¿--inUredtothespecialgalnorlossof L~ ~~ \~
is the parent organization or subsidiary of a prindpai which has retained me.
(b) The measure before my agency and the nature of my coñftïct¡ng Interest in the measure Is as follows:
,by
, which
~à'~ tL-l
~q-A.
... ,).,
11/02/04
~~
Date Flied
Signature
,
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCl.OSURE
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 PENAL TV NOT TO EXCEED $10,000.
CE fORM 88 - EFF. 112000
PAGE 2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
.sf NAME-FlRST NAME-MIDDLE NAME
Perlman Jeffre L.
MAlUNG ADDRESS
De Lakes Drive
CITY
Delray Beach, Florida
DATE.ON WHICH VOTE OCCURRED
COUNTY
33444 Palm Beach
11/02/04
NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE
Delra Beaèh.~Cit Commission
THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF;
. CI1Y [] COUNTY [] OTHER LOCAl AGENCY
NAME OF POLITICAl SUBDIVISION:
Cit Beach
MY POSITION IS:
II: ElECTIVE
[] APPOINTIVE
WHO MUST FILE FORM 88
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-advlsory 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 reverse side and filing 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
1Ures 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-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a wrelative- 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 officer as a partner, joint venturer, ooowner of property, or corporate shareholder (where the shares of the corporation
818 not Isted 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 publidy stating to the assembly the nature of your Interest in the measure on which you
818 abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the mln-
utes of the meeting, who should Incorporate the form In the minutes.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
APPOINTED OFFICERS:
Although you must abstain from voting In the situations desaibed above, you otherwise may participate in these matters. However, you
i--1USt disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
y you or at your direction.
..= 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)
œ FORM 88· EFF. 1/2000
~<i\~, PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the fonn must be provided Immediately to the other members of the agency.
. The fonn must be read publicly at the next meeting after the form Is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose oraUy the nature of your conflict in the measure before participating.
· You must complete the fonn and file It within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incorpot8te the fonn In the minutes. A copy of the fann must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrey L. PerLaan
, hereby disclose that on
November 2
,20~:
(8) A measure came or wIU come before my agency which (check one)
inuI8d to my special private gain or loss;
inured to the special gain or loss of my business assoâate,
...x Inured to the special gain or loss of my relative, Diane Co1onna
Inured to the special gain or loss of
whom I am retained; or
InUAld 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:
,by
,which
Dhne Co1onna, my wife, is Director of the CODDUnity Redeve10pment Agency (CRA).
I have a conf1ict voting on items that direct1y affect the Community
Redeve10pment Agency.
11/02/04
Date Filed
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.
œ FORM 8B - EFF. 112000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
,~BO~~ . ~
DATE ON WHICH VOTE OCCURRED
WHO MUST FILE FORM 88
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 vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
-I. 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-
.JUre 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-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-irHaw,
mother-in-law, son-in-law, and daughter-in-law. A "business associate· means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
.
.
.
.
.
.
.
.
.
*
*
.
.
ELECTED OFFICERS:
In addition to abstaining 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 fonn 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
t disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made
y you or at your direction.
.F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
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)
CE FORM 88 - EFF. 1/2000
~~.1J
PAGE 1
APPOINTED OFFICERS (continued)
· A oopy of the form must be provided immediately to the other members of the agency.
· The form must be read publ'lCIy 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 person responsible for recording the minutes of the
meeting, who must Incorporate the form in the minutes. A copy of the fonn 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. 1<" ß~ /Z r ¡=>, µ ..$]"/ ,J
. hereby disclose that on
h~
2.
.20~:
(a) A measure came or will come before my agency which (check one)
X Imnd to my special private gain or loss;
Inured to the special gain or 1088 of my business associate.
Inured to the special 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:
.by
. which
1-~UJ~ éX-~~
.-'-~--,- -
// ) 2~~
, ,
~~~/~
Signature
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY. REPRIMAND. OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 88 - EFF. 1flOOO
PAGE 2