01-04-05 Minutes
JANUARY 4. 2005
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, January 4,2005.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - Susan Ruby, City Attorney
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, Assistant City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Deputy Vice Mayor Levinson.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted that there is additional information for Item 9.B.,
Letter ofInterest Survey and Appraisal for the Alzheimer Foundation Property and 10.A.,
Ordinance No. 68-04. In addition, Mayor Perlman stated he would like to add Item 9.1.,
Original Contract for Mickey Mantle.
Mr. Levinson stated he would like to move Item 8.D., Review of Appeal
Land Development Board Actions (SPRAB Item "G") of the Consent Agenda 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:
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
December 6, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as
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follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to approve and the Minutes of the Regular Meeting of
December 14, 2004, 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.
6. PROCLAMA TIONS:
6.A. St. Paul's Episcopal Church - 100th Anniversarv
Mayor Perlman read and presented a proclamation to Deacon Mary Beth
Wells. Deacon Mary Beth Wells came forward to accept the proclamation.
6.B. Callin2 for the First Nonpartisan Election to be held on March 8.2005
Mayor Perlman read and presented a proclamation to the City Clerk.
7.
PRESENTATIONS:
None.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROV AL/912 PLAT: Approve the
three (3) lot minor subdivision 912 Plat, a re-plat of a portion of Lot 9, located on the
northwest corner ofN.W. 2nd Avenue and N.W. 9th Street.
8.B. ACCEPTANCE OF EASEMENT DEED/SAFE AND SECURE:
Approve and accept an easement deed providing a 12 foot wide easement over a water
main as part of the development approval of the Safe and Secure Project, located along
North Federal Highway.
8.C. GRANT APPLICATION/LAND AND WATER CONSERVATION:
Approve a grant application to Land and Water Conservation for funding in an amount up
to $200,000.00 for improvements to the Boy Scout Hut Park.
8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.J.
8.E. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Tropic Fence, Inc. in the amount of $20,347.00
via the Palm Beach County Contract #04-l27PR for the removal
and installation of 740' of fence at Miller Park. Funding is
available from 115-4101-572-63.90 (Special Projects Funds/Parks
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& Recreation/Other Improvements).
Mr. Costin moved to approve the Consent Agenda as amended, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A. WAIVER REQUESTS/HIGHLAND GROVE ESTATES: Consider a
request of several waivers for Highland Grove Estates, located at the northwest corner of
Old Germantown Road and Palm Cove Boulevard. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project files #2004-049 and #2005-014 into the record.
Paul Dorling, Director of Planning and Zoning, stated on August 11,2004,
the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and
landscape plan associated with the construction of 13 fee-simple townhouse units
consisting of three (3) buildings to be known as Highland Grove Estates.
Pursuant to LDR Section 4. 6. 9(D)(c)(2), provision must be made to
provide 100 feet of clear stacking in advance of all guardhouses or security gates. The
distance from the right-of-way line to the electronically control gate panel for guests is
only 20 feet. The applicant has requested a waiver to reduce the required stacking
distance to 20 feet. LDR Section 4.6.9(D)(3)(c)(3) provides that the length of the
stacking area may be reduced when supported by a traffic study.
At this point, Chevelle D. Nubin, City Clerk, swore in the following
individual:
A representative from Vercon Construction Management, Inc. speaking on
behalf of Andrew Verzura stated he has worked with staff and is available for any
questions.
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of the waiver, to come forward at this time. There being no one
from the public who wished to address the Commission the quasi-judicial hearing was
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closed.
Mr. Costin moved to approve the five (5) waiver requests, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 1 vote, Commissioner Archer dissenting.
At this point, the City Manager expressed concern about the sidewalk
width.
9.B. LETTER OF INTEREST/SURVEY AND APPRAISAL OF
PROPERTY/ALZHEIMER FOUNDATION PROPERTY: Consider approval of a
Letter ofInterest regarding the property adjacent to the Alzheimer facility, located on the
northwest corner of Lake Ida Road and Congress Avenue and authorization to proceed
with a survey and appraisal.
Brian Shutt, Assistant City Attorney, stated staff requests approval of the
Letter of Interest which would enable the City of Delray Beach to evaluate this site. In
addition, staff requests that the Commission authorize the City of Delray Beach to
conduct any surveys, appraisals, and site analysis or title examination. Staff requests that
the Alzheimer center not enter into any contracts for a period of 120 days and if they do
the City of Del ray Beach has the right of first refusal.
Mrs. Archer moved to approve authorize the City Manager to send the
Letter of Interest as well as authorizing the City to conduct the title work, appraisals,
surveys or site analysis for this project, 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.
9.C. PROPOSAL FOR SETTLEMENT IN GOVERNMENT
TECHNOLOGY RESOURCES (GTR) v. CITY OF DELRA Y BEACH: Consider a
Proposal for Settlement in the amount of $10,000.00 in Government Technology
Resources (GTR) v. City of Delray Beach. Staff recommendation is acceptance.
Brian Shutt, Assistant City Attorney, stated the City of Delray Beach
entered into an agreement with Government Technology Resources (GTR) on February
26, 2002 for the development of a web-enabled software package for code enforcement,
building permits, business licenses and planning and zoning.
Mayor Perlman inquired as to why this did not work for the City of
Delray Beach.
The City Manager stated he has no concerns about GTR meeting with the
employees.
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Mr. Costin moved to approve the proposal for settlement in Government
Technology Resources (GTR) v. City of Delray Beach in the amount of $10,000.00,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin -
Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting.
9.D. MATCH POINT. INC. CHARITY CONTRIBUTION: Consider a
request from Mark Baron requesting a reduction in the 2004 and 2005 minimum charity
contributions from Match Point, Inc.; and a request for a permanent reduction.
The City Manager stated Match Point, Inc. was adversely affected by the
two hurricanes in September 2004. The tournament came between the two hurricanes.
When the City amended its contract, the City increased its payment to Match Point, Inc.
and they in turn were going to raise $50,000 a year to a charity event connected with the
tournament to support non-profits that the City supports. Match Point is requesting
release from that and to reduce it to $25,000 for 2004 and 2005. The City Manager stated
Match Point has made the City aware that the possibility exists to have "Delray Beach"
painted on the court in exchange for a permanent reduction of the minimum charity
contribution to $25,000.00. However, he does not recommend doing this.
Mrs. Archer concurred with comments expressed by the City Manager.
Mrs. Archer moved to approve a reduction in the 2004 and 2005
mInImUm charity contributions from Match Point, Inc., 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.
9.E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member to the Code Enforcement Board for a three year term
ending January 14, 2008. Based upon the rotation system, the appointment will be made
by Commissioner Archer (Seat #2).
Mrs. Archer moved to reappoint Beril Kruger as a regular member to the
Code Enforcement Board for a three year term ending January 14, 2008, 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.
9.F. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) alternate member to the Nuisance Abatement Board for an unexpired
term ending March 31, 2005. Based upon the rotation system, the appointment will be
made by Commissioner McCarthy (Seat #4).
Ms. McCarthy stated she wished to postpone her appointment to a date
certain of February 1, 2005.
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9.G. APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint two (2) Citizen-at-Large representatives for two year
terms ending January 31, 2007. Based upon the rotation system, the appointments will be
made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5).
Ms. McCarthy moved to reappoint Troy Wheat as a Citizen-at-Large
Representative to the Parking Management Advisory Board for a two year term ending
January 31, 2007, 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.
Mayor Perlman stated he wished to reappoint Melvin Sacharow as a
Citizen-at-Large Representative to the Parking Management Advisory Board for a two
year tern ending January 31, 2007. Mr. Costin so moved, 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.H. RESOLUTION NO. 1-05: Consider approval of Resolution NO.1-OS
supporting the modernization of the Boynton Inlet.
The caption of Resolution NO.1-OS is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, SUPPORTING
THE MODERNIZATION OF THE BOYNTON INLET.
(The official copy of Resolution NO.1-OS is on file in the City Clerk's
office. )
The City Manager stated the City of Boynton Beach is seeking State
funding to study this possibility and requests the support of the City of Del ray Beach. He
feels it would be beneficial and would make ocean access more readily available to
boaters. Therefore, the City Manager stated he recommends supporting the study.
Mr. Levinson moved to approve Resolution No.1-OS, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
9.1. CONTRACT/MICKEY MANTLE: Consider approval of acceptance of
a framed Mickey Mantle Contract from Fran Marincola.
Brian Shutt, Assistant City Attorney, recommended that the Commission
approve acceptance of a framed Mickey Mantle Contract and send a response letter to
Fran Marincola regarding the donation.
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Brief discussion followed by the Commission regarding insurance for the
value of the document and where it will be displayed.
Mayor Perlman stated the caveat is that Mr. Marincola would like this on
public display for the enjoyment of the residents.
Mr. Costin moved to approve to accept the gift and authorize the City
Manager to work out details for acceptance and display of the gift, 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.
9.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 13, 2004 through December 31,2004.
Mr. Levinson moved to approve to appeal SPRAB' s decision (Item "G"
Avenue East), 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. Costin moved to approve to receive and file the balance of the report,
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.
At this point, the time being 6:40 p.m. the Commission moved to Item 12,
First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 1-05: An ordinance adopting the Community
Redevelopment Agency Plan Amendment. If passed, a public hearing will be scheduled
for January 18, 2005.
The caption of Ordinance NO.1-OS is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, MODIFYING
THE COMMUNITY REDEVELOPMENT PLAN FOR
THE CITY OF DELRA Y BEACH; FINDING THAT THE
MODIFICATIONS CONFORM TO THE COMMUNITY
REDEVELOPMENT ACT OF 1969, AS AMENDED;
FINDING THAT THE MODIFICATIONS ARE
CONSISTENT WITH THE CITY OF DELRA Y BEACH'S
COMPREHENSIVE PLAN, AND MAKING FURTHER
FINDINGS PURSUANT TO THE APPLICABLE
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REQUIREMENTS OF FLORIDA STATUTE 163.360;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance NO.1-OS is on file in the City Clerk's
office. )
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy.
Brian Shutt, Assistant City Attorney, read caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the Community
Redevelopment Agency (CRA) establishes the projects and programs to be undertaken by
the CRA in the coming years. The CRA's first plan was adopted in 1986 and has been
amended several times since.
At its meeting of December 20,2004, the Planning and Zoning Board held
a public hearing on the proposed Plan amendment and recommended adoption of the
amended Plan by a 5 to 0 vote (Diane Borchardt and Mark Krall absent).
Mr. Levinson moved to approve Ordinance NO.1-OS on FIRST Reading,
seconded by Mr. Costin. 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.
At this point, Mayor Perlman returned to the dais and Vice Mayor
McCarthy passed the gavel back to Mayor Perlman.
12.B. ORDINANCE NO. 75-04: Future Land Use Map Amendment (FLUM)
from County HR-8 (High Density Residential-8 dwelling units per acre) to City MD
(Medium Density Residential 5-12 dwelling units per acre) and annexation with initial
City zoning of RM-8 (Medium Density Residential-8 dwelling units per acre) for
Gramercy, located 260 feet west of Military Trail and 710 feet south of West Atlantic
Avenue. Ifpassed, a public hearing will be scheduled for January 18, 2005.
The caption of Ordinance No. 75-04 is as follows:
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;
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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-S
(MEDIUM DENSITY RESIDENTIAL-S UNITS PER
ACRE) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 75-04 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney read the caption of the ordinance and
announced since this involves a rezoning and if passed on first reading a quasi-judicial
hearing will be held on second reading at the January lS, 2005 meeting at 7:00 p.m.
Paul Dorling, Director of Planning and Zoning, stated this is a voluntary
annexation small scale future land use amendment and a rezoning from the County
designation to the City designation. Mr. Dorling stated the original request was for an
RM-10 designation which would limit the maximum density of 10 units to the acre. The
applicant has gone through the public hearing process with the Planning and Zoning
Board and given the existing land use densities, staff recommends that RM-S would be
more appropriate.
Brief discussion between staff and the Commission followed.
Bradley Miller, Miller Land Planning Consultants representing the
applicant, stated at the Planning and Zoning Board meeting they agreed to go with the
RM-S zoning. Mr. Miller stated initially they started at 12 units per acre.
Mr. Costin moved to approve Ordinance No. 75-04 and change the RM-10
zoning designation to RM-S on FIRST Reading, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
12.C. ORDINANCE NO. 78-04: City initiated amendment to Land
Development Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements",
Section 2.4.3(A), "Standard Application Items", Section 2.4.5(M), "Amendment to the
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Land Development Regulations", Section 4.5.l(C), "Designation Procedures", to provide
for the elimination of certain notices not required by state law and adding new public
notice requirements. Ifpassed, a public hearing will be scheduled for January 18, 2005.
The caption of Ordinance No. 78-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y
BEACH, BY AMENDING SECTION 2.4.2(B),
"PUBLIC HEARING REQUIREMENTS", TO
PROVIDE FOR ELIMINATION OF CERTAIN
NOTICES NOT REQUIRED BY STATE LAW AND
ADDING NEW PUBLIC NOTICE REQUIREMENTS
AND BY PROVIDING THAT THE CONDUCT OF A
PUBLIC HEARING SHALL BE IN ACCORDANCE
WITH ADOPTED RULES; BY AMENDING
SECTION 2.4.3(A), "STANDARD APPLICATION
ITEMS", TO PROVIDE FOR A CORRECT
REFERENCE TO CERTAIN NOTICE
REQUIREMENTS; BY AMENDING SECTION
2.4. 5 (M), "AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS", TO PROVIDE
FOR GRAMMATICAL CHANGES AND
CLARIFYING CERTAIN LIMITS FOR
AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS; AMENDING 4.5.l(C)(4) TO
PROVIDE THAT NOTICES FOR DESIGNATION OF
HISTORIC SITES OR DISTRICTS WILL CONFORM
TO THE NOTICES GIVEN FOR REZONINGS
EXCEPT THE PROPERTY NEED NOT BE POSTED;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 78-04 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed text
amendment is provided to streamline the notification requirements to eliminate certain
notices not required by State Law and add new notices in keeping with the requests from
citizens; and to utilize the changes in technology to increase the City's ability to inform
its citizens of public hearing items while reducing costs for notification through the
elimination of certain published advertisements.
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At its meeting of December 20,2004, the Planning and Zoning Board held
a public hearing regarding the proposed text amendment. The Board voted 5-0 (Diane
Borchardt and Mark Krall absent) to recommend approval with minor grammatical
changes 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 Section 2.4.5(M) of the LDR's.
Mrs. Archer moved to approve Ordinance No. 78-04 on FIRST Reading,
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.
12.D. ORDINANCE NO. 2-05: An ordinance amending Chapter 34,
"Elections", Section 34-01, "State Law to Govern", to "opt-out" of the provisions of
Section 101.657, Florida Statutes, the early voting requirements. If passed, a public
hearing will be scheduled for January 18,2005.
The caption of Ordinance NO.2-OS is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 34, "ELECTIONS", SECTION
34.01, "STATE LAW TO GOVERN", EXEMPTING
ITSELF FROM THE PROVISIONS OF SECTION
101.657, F.S., SPECIFICALLY RELATED TO EARLY
VOTING; PROVIDING FOR RELETTERING;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance NO.2-OS is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Ms. McCarthy moved to approve Ordinance NO.2-OS on FIRST Reading,
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.
12.E. ORDINANCE NO. 3-05: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National American Fee Schedule. If passed, a
public hearing will be scheduled for January 18, 2005.
The caption of Ordinance NO.3-OS is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A), TO ADmST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORT ATION IN
ACCORDANCE WITH THE NATIONAL AMERICAN
FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance NO.3-OS is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Terrill Barton, Assistant City Attorney, stated the changes to the fee
schedules were approved by the City Commission at the last meeting. Mrs. Barton stated
this is more of a procedural thing so that the Code of Ordinances can be amended to
reflect the new fee schedule.
Mr. Levinson moved to approve Ordinance NO.3-OS on FIRST Reading,
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 time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 68-04 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR),
4.4.3, "Single Family Residential (R-l) Districts", Article 4.5, "Overlay and
Environmental Management Districts" and Section 2.4.3(K), "Fees", relating to the
creation of Design Guidelines in order to maintain the character of the North
Beach/Seagate and Ocean Neighborhood Overlay District Areas by regulating proposed
massing and scale of structures. 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. 68-04 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 SECTION 2.4.3(K), "FEES"; AMENDING
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-
1) DISTRICTS"; AMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRONMENTAL MANAGEMENT
DISTRICTS", BY ENACTING A NEW SECTION 4.5.12,
"NORTH BEACH/SEAGATE AND OCEAN
NEIGHBORHOOD OVERLAY DISTRICTS", 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. 68-04 is on file in the City Clerk's
office. )
The Assistant 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.
Brian Shutt, Assistant City Attorney, noted clarification to Section
4.5.l2(A) - North Beach/Seagate and Ocean Neighborhood Overlay Districts of the
ordinance. It should read "This section is created to adopt and implement the provisions
of the (deleting the word "adopted") North Beach/Seagate and Ocean District
Neighborhood Overlay District, as defined in Section (B) below, shall take place
according to the provisions of the manual adopted herein and included as an Exhibit
hereto."
Paul Dorling, Director of Planning and Zoning, stated the proposed LDR
amendments have been initiated by the Beach Property Owners' Association (BPOA) and
were prompted by residents concerned about the adverse effect development trends could
have on the character of their neighborhoods. If approved, two overlay districts will be
created (1) The North Beach/Seagate District and (2) The Ocean Neighborhood District.
Small-scale renovations would not trigger the proposed guidelines.
Additions/renovations which exceed 50% of the square footage of the existing structure
would trigger the design guidelines. If the new addition/renovation is greater than 50%,
but less than 75% of the existing square footage, it would be considered a "major
renovation", and would follow the proposed rules.
At its meeting of November 15, 2004, the Planning and Zoning Board held
a public hearing regarding the proposed text amendment. The majority of the public
testimony supported the proposal (15 residents) with 3 residents in favor of the proposed
amendment with some changes to allow flexibility. After discussing the amendment, the
Board voted 6-0 (Kincaide absent) to recommend approval of the proposed amendment.
Mayor Perlman declared the public hearing open.
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01/04/05
Cary Glickstein, representing the Beach Property Owners' Association
(BPOA) and as a member of the Design Guideline Task Force, thanked and commended
the Planning and Zoning Department in particular Paul Dorling, Director of Planning and
Zoning and Jeff Costello, Assistant Director of Planning and Zoning for their assistance
and cooperation. Secondly, Mr. Glickstein thanked the BPOA Trustees in particular Bob
Spavero for having the foresight and understanding the importance of this issue for the
beach area. Lastly, he thanked the Task Force members for all the time they put in to
help produce the design manual in particular Patsy Westall, Gary Eliopoulos, and John
Carlene (Urban Design Studio). Mr. Glickstein gave a brief presentation regarding the
Design Guidelines.
Russell Scott, (present this evening with Jon Carleen) stated the Design
Guidelines manual for the North Beach and Seagate Neighborhoods was created as a
mechanism for preserving the unique residential character of these neighborhoods and he
gave a brief presentation of the manual.
Kevin Warner, 248 Venetian Drive, Delray Beach, supports this
wholeheartedly and stated this is a wonderful process. He thanked Mayor Perlman for
his involvement and support.
Bob Hersey, 1010 Poinsettia Road, Delray Beach, member of BPOA,
supports the ordinance and thanked the Commission.
Pat Dwayne, Delray Beach, stated she has been in Delray Beach since
1953 and has witnessed many changes. She supports the Design Guidelines and this
ordinance.
Jean Beer, 2145 S.W. 26th Terrace, Delray Beach, congratulated the
BPOA and stated she hopes other neighborhoods will use this as a template because in
her opinion this will make Delray successful long-term.
Patsy Westall, 1102 Seaspray Avenue, Delray Beach, strongly supports
the Design Guidelines and stated the process was incredible and very open. She read into
the record a poem she wrote.
Rita Ellis, 512 Andrews Avenue, Delray Beach, stated she served as the
Chairman of the Task Force and urged the Commission to support.
Bernie Dahlem, 622 Seasage Drive, Delray Beach, stated he has lived in
Delray Beach in 1976 and has witnessed many changes. He feels this is a very timely
endeavor because it is going to ensure as people get two-story homes that they manage
the change and that it is done well.
Jim Zengage, 1223 Sandoway Lane, Delray Beach, stated he has lived in
the beach area for 20 years and wholeheartedly supports this project.
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01/04/05
Kate Rucquoi, speaking on behalf of the younger generation, hopes Delray
Beach maintains its charm and character for future generations.
Elaine Morris, 1046 Melaleuca Road, Delray Beach, supports the Design
Guideline manual for new construction; however, she does not feel it is flexible enough
for an existing house. She feels there still needs to be some tweaking done to this and
expressed concern over the "open space".
Laura Finn, 411 Andrews Avenue, Delray Beach, stated she has lived in
Delray Beach for 18 years and strongly supports the Design Guidelines for the North
Beach/Seagate and Ocean Neighborhood Overlay District areas. She urged the
Commission to support this ordinance.
Kathy Fazio, 1118 Harbor Drive, Delray Beach, strongly supports this
ordinance.
Gerry Franciosa, 939 Eve Street, Delray Beach, representing PROD,
stated the PROD Board of Directors unanimously endorsed this ordinance and urged the
Commission to do so as well. He commended all individuals including the Mayor and
the Commission and especially the BPOA and the Design Guidelines Task Force for
spear heading this initiative. Mr. Franciosa stated several residential communities have
taken it upon themselves with their own time and money to develop building design
criteria for developers to follow.
Steve Miskew, 1012 Vista Del Mar Drive, Delray Beach, wholeheartedly
endorses these efforts to preserve the character of Delray Beach by limiting mass and
scale. He expressed concern over the interpretation issues for renovations.
Kari Shipley, 1210 Vista Del Mar Drive, Delray Beach, stated she has
lived in Delray Beach since 1960 because of the charming atmosphere and
wholeheartedly supports this ordinance.
Wendy Overton, 2525 Pelican Lane, Gulf Stream, stated the Town of Gulf
Stream adopted these guidelines in 1995 and has seen nothing but quality versus quantity,
integrity of neighborhoods, and the property values have soared. She stated the most
important thing is to keep the character and family-oriented neighborhoods.
Stacey Winick, 328 Andrews Avenue, Delray Beach, urged the
Commission to help keep the integrity of what is already here and stated these guidelines
will help to keep the quality.
Jan C. Hansen, 1221 Laing Street, Delray Beach, stated he is a 20 year
resident of the neighborhood and urged the Commission to move forward with this
ordinance.
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01/04/05
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 68-04, the public hearing was closed.
Mr. Levinson stated it is his understanding that an appeal to the Board of
Adjustment (BOA) would be made on those things that would traditionally get a BOA
variance (setbacks, etc.) but that a design criteria would come as SPRAB does now to the
Commission.
Brief discussion between Mr. Scott and Commissioner Levinson followed.
After discussion, Mr. Dorling stated if there was a denial by SPRAB that
did not relate to a regulation he would like to see continue it come before the
Commission as does any SPRAB denials. Therefore, it would go to the Commission
instead of going to the Board of Adjustment (BOA).
Prior to the vote, Mayor Perlman publicly commended the BPOA for their
incredible efforts.
Mrs. Archer moved to adopt Ordinance No. 68-04 with the revised
language as outlined by the Assistant City Attorney on Second and FINAL Reading,
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.
10.B. ORDINANCE NO. 67-04 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.4(1)(4), "Increases to Height Regulations", to limit the area in the CBD (Central
Business District) available for an increase in height and to modify the criteria which
must be met to support an increase in height in all areas where increases in height are
allowed. 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. 67-04 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 SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS", SUBSECTION
(1)(4), "INCREASES TO 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 AN INCREASE IN HEIGHT; PROVIDING
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01/04/05
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 67-04 is on file in the City Clerk's
office. )
The Assistant 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 this proposed
amendment will further enhance the recent amendment to the OSSHAD zoning district
by creating a 150' buffer that will not allow an increase in height (between 48' and 60')
where property zoned CBD (Central Business District) abuts a zoning district having a
maximum height of 35' . The proposal is to eliminate the criterion that states that "a
demonstrable need that, in order to accommodate the nature of a particular use or a
particular matter or type of construction, a greater than normal space between floors or
height of story is necessary." This particular criterion is ambiguous and subjective,
especially when it comes to the determining when "normal space between floors or
height of a story is necessary". However, the proposal does include the following
additional criteria: (1) That workforce housing is provided within the development in a
manner consistent with the provisions of Chapter 4.7.5(a) and (d); and, (2) That a
minimum of 50% of the ground floor building frontage consist of nonresidential uses
(excluding parking).
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment
must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive
Plan.
At its meeting of November 11, 2004, the Community Redevelopment
Agency (CRA) Board reviewed and recommended approval of the proposed LDR text
amendment; at its meeting of November 3, 2004, the Pineapple Grove Main Street
(PGMS) Executive Board reviewed and recommended approval of the proposed LDR
text amendment; at its meeting of November 3, 2004, the Historic Preservation Board
(HPB) reviewed and recommended approval of the proposed LDR text amendment; and
at its meeting of November 8, 2004, the Downtown Development Authority (DDA)
Board reviewed and recommended approval of the proposed LDR text amendment (5-1)
with the following conditions: (1) That the criteria relating to the interior space
enhancements not be included; and, (2) That the ground floor along the street frontage
should be non-residential use and not parking. At its meeting of November 15, 2004, the
Planning and Zoning Board held a public hearing regarding the proposed text amendment
and after discussing the item with a 6-0 vote to recommend approval.
Mayor Perlman declared the public hearing open.
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01/04/05
Jean Beer, 2145 S.W. 26th Terrace, Delray Beach, congratulated the
Commission and the Planning staff for changing the language that was in the original
ordinance. She stated that everything that applies to the Beach Overlay District also
applies to downtown. Mrs. Beer commented about an article in the Wall Street Journal
today it said, "Place to Visit Delray Beach" because of the beaches and the pedestrian
friendly downtown. She stated the article went on to explain how Delray is unique and
different. She stated if Delray is going to be kept as a unique place to visit it will not be
done by building high rises downtown.
Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated the
Design Guidelines for the beach are wonderful.
Gerry Franciosa, 939 Eve Street, Delray Beach, representing Progressive
Residents of Delray (PROD), stated the Board of Directors unanimously endorses this
ordinance and commend the Mayor, the Commissioners, and the Planning and Zoning
staff in particular Jeff Costello, Assistant Planning Director for their help with developing
this ordinance.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 67-04, the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 67-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 70-04 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Sections 4.4.9, "General Commercial", and 4.4.12, "Planned Commercial", to add
churches, or places of worship, as a Conditional Use subject to certain regulations and
providing similar regulations for clubs and lodges; and amending Section 4.4.13, "Central
Business (CBD) District", to delete clubs and lodges as a Conditional Use. 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. 70-04 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 SECTION 4.4.9(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", TO ALLOW
CHURCHES, OR PLACES OF WORSHIP, AND THEIR
ATTENDANT FACILITIES AS A CONDITIONAL USE
AS WELL AS PROVIDING A MAXIMUM SIZE FOR
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01/04/05
CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES; AMENDING SECTION 4.4.9(H), "SPECIAL
REGULATIONS", PROVIDING FOR A MINIMUM
SEP ARATION BETWEEN SUCH USES FOR BOTH
CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES; AMENDING SECTION 4.4.l2(H) "SPECIAL
REGULATIONS" PROVIDING FOR A MINIMUM
SEP ARATION BETWEEN SUCH USES FOR BOTH
CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES AMENDING SECTION 4.4. 13 (D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED", TO DELETE CLUBS AND LODGES AS A
CONDITIONAL USE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 70-04 is on file in the City Clerk's
office. )
The Assistant 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 churches or places
of worship have been determined to be analogous to clubs and lodges (both assembly
type uses that operate on an intermittent basis), under the "Religious Land Use and
Institutionalized Persons Act of 2000" (RLUIP A), the "equal terms" provision of the law
requires that "churches or places of worship" be accommodated in a manner similar to
clubs and lodges which are currently allowed as conditional uses in the GC, PC, CBD
and CBD-RC zoning districts. The proposed text amendment adds churches or places of
worship as a conditional use in the GC and PC zoning districts, deletes clubs and lodges
from the CBD and CBD-RC zoning districts, provides floor area limitations (3,500
square feet) and minimum separation limitations of 750 feet airline route from lot line
boundary for both uses.
Mr. Dorling stated the Downtown Development Authority (DDA)
recommended approval of the proposed amendment at their meeting of November 8,
2004; the Community Redevelopment Agency (CRA) recommended approval at their
meeting of November 11, 2004; Pineapple Grove Main Street (PGMS) Executive Board
recommended approval at their November 8, 2004 meeting; and the West Atlantic
Avenue Redevelopment Coalition (W ARC) recommended approval at their meeting of
November 10, 2004. At its meeting of November 15, 2004, the Planning and Zoning
Board recommended approval of the proposed amendment.
Mr. Dorling stated Palm Beach County has a square footage of a minimum
of 3,000 square feet of gross floor area or 150 seats; West Palm Beach has some
minimum site dimensions which apply and minimum distances between residential
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01/04/05
properties and some maximum lot coverage. Mr. Dorling stated Boynton Beach and
Boca Raton do not have certain restrictions on churches.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance 70-04, the
public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 70-04 on Second and FINAL
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.
10.D. ORDINANCE NO. 74-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix
"A" "Definitions", by enacting a definition for new development, redevelopment, and in-
fill development. If passed, a second public hearing will be scheduled for January 18,
2005. 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. 74-04 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 SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION
OF PARKING SPACES" TO PROVIDE FOR CHANGES
IN THE IN-LIEU PARKING FEE, ALTERNATIVES TO
PURCHASING IN-LIEU FEE PARKING SPACES, AND
AMENDING THE IN-LIEU FEE DISTRICT MAP TO
REFLECT EXPANSION OF AREA 2; AMENDING
APPENDIX "A" BY ENACTING A DEFINITION FOR
"NEW DEVELOPMENT AND IN-FILL
DEVELOPMENT"; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 74-04 is on file in the City Clerk's
office. )
The Assistant 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.
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01/04/05
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
September 21,2004, staff presented Ordinance No. 35-04 which contained recommended
changes to the in-lieu parking fee section of the LDR. After discussion, the City
Commission denied the ordinance over concerns with limiting the number of in-lieu
spaces and the shared parking program. At their meeting of November 9, 2004, the City
Commission directed staff to do this by eliminating those two provisions.
At their meeting of November 16, 2004, the Parking Management
Advisory Board unanimously recommended approval of the proposed changes. At their
meeting of December 9, 2004, the Community Redevelopment Agency (CRA)
unanimously recommended approval of the proposed ordinance. This item was presented
to the Downtown Development Authority (DDA) at their meeting of December 13, 2004.
The Board supported the proposed modifications and there was a concern with regards to
the two (2) year prohibition for new construction. The Planning and Zoning Board
considered this item and recommended approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 74-04,
the public hearing was closed.
Mr. Levinson stated he does not understand why the DDA was
uncomfortable with the provision because he feels it is reasonable.
Rita Ellis, Chairman of the DDA, stated the concern expressed by the
Board members was that this could potentially leave commercial buildings vacant for two
years and the parking requirements could change. She reiterated that the Board was
concerned about the two year moratorium.
Prior to the vote, Mayor Perlman stated the DDA has some valid points.
Mr. Levinson stated most of the developers that have come before the
Commission so far have allocated a certain percentage of the space to restaurant.
Mayor Perlman stated the proper philosophy on parking is to not try and
squelch the demand but approach it from trying to meet the supply. He commented about
a parking matrix and stated there are many opportunities for parking downtown.
Mrs. Archer suggested where things are proposed staff may want to put
the anticipated completion dates.
Mr. Levinson stated he used the County garage on New Year's Eve and it
was great.
Mr. Levinson moved to adopt Ordinance No. 74-04 on First Reading/First
Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as
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01/04/05
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.E. ORDINANCE NO. 79-04 (FIRST READING/FIRST PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR)
Section 4.4.24, "Old School Square Historic Arts District" (OS SHAD), Subsection
4.4.24(B), "Principal Uses and Structures", and Subsection 4.4.24(F), "Development
Standards", to allow the permitted uses and development standards of the CBD (Central
Business District) zoning district to apply to the south 34.75 feet of Lot 6, Block 75. If
passed, a second public hearing will be scheduled for January 18, 2005. 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. 79-04 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 SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OS SHAD)",
SUBSECTION 4.4.24(B), "PRINCIPAL USES AND
STRUCTURES" TO INCLUDE AN ADDITIONAL
PROPERTY THAT IS ALLOWED THE PERMITTED
USES OF THE CBD ZONING DISTRICT; AMENDING
SUBSECTION 4.4.24(F), "DEVELOPMENT
STANDARDS", TO INCLUDE AN ADDITIONAL
PROPERTY IN THE OSSHAD DISTRICT THAT IS
SUBJECT TO THE STANDARDS OF THE CBD
ZONING DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 79-04 is on file in the City Clerk's
office. )
The Assistant 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.
Commissioner Costin declared a conflict of interest and stepped down
from the dais.
Paul Dorling, Director of Planning and Zoning, stated a development
proposal has been submitted for Lots 5 through 8 and 13 through 16, Block 75 of the
Town of Delray subdivision for a mixed-use development (commercial and residential
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01/04/05
uses). Lots 13 through 16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD.
Lots 7 and 8 are subject to the CBD development regulations while Lots 5 and 6 are
subject to the development standards of OSSHAD. Accompanying the development
request was an LDR text amendment to include Lot 5 and Lot 6 in the list of properties
that could be pursuant to the CBD development standards.
At its meeting of September 15, 2004, the Historic Preservation Board
(HPB) recommended approval of this LDR text amendment. At its meeting of September
27, 2004, the Planning and Zoning Board recommended denial of the text amendment.
At its meeting of November 2, 2004, the City Commission considered this text
amendment and postponed the ordinance on first reading at the request of the applicant.
The applicant has revised the LDR text amendment proposal. The request now includes
only the south 34.75' of Lot 6 as the property which could be developed pursuant to the
allowed uses and development standards of the CBD zoning district. The remainder of
Lot 5 and Lot 6 would continue to be developed under the OSSHAD district regulations
providing a transition between CBD to the south and OSSHAD to the north.
The Community Redevelopment Agency (CRA) considered the text
amendment at its meeting of December 9, 2004 and unanimously (4-0) recommended
approval. The Pineapple Grove Main Street Executive Committee considered the LDR
text amendment and recommended approval at its meeting of December 1, 2004. At its
meeting of December 15, 2004, the Historic Preservation Board (HPB) considered the
LDR text amendment to Sections 4.4.24(B) & (F), and the Board unanimously
recommended approval. At its meeting of December 20, 2004, the Planning and Zoning
Board held a public hearing and the Board voted 4-1 (Kincaide dissenting) to recommend
approval of the proposed amendment to the LDR's Sections 4.4.24(B) and (F), 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 LDR
Section 2.4.5(M)(5).
Mayor Perlman declared the public hearing open.
Michael Weiner, Attorney with Weiner & Aronson, P.A. speaking on
behalf of the applicant, stated he will give a presentation at the second reading.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 79-04, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 79-04 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. Said motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 71-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance designating The DeWitt Estate, 1110 North Swinton
Avenue, located between N.W. 11th Street and N.W. lih Street on the west side of North
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01/04/05
Swinton Avenue, to the Local Register of Historic Places. 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. 71-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
DESIGNATING THE DEWITT ESTATE, LOCATED AT
1110 NORTH SWINTON AVENUE, AS MORE
P ARTICULARL Y DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE; PROVIDING FOR THE
AMENDMENT OF THE "ZONING MAP OF DELRA Y
BEACH, FLORIDA, mL Y, 2004"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 71-04 is on file in the City Clerk's
office. )
The Assistant 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 the subject
residence was designed by the noted architect, Gustav Mass, in what was termed,
"Virginia Colonial Farmhouse Style." The RC. Lawson contracting firm completed
construction of the house on the associated property in 1936 for Marshall and Jeanette
Butts DeWitt, and the structure remains architecturally sound to this day. The DeWitt's
themselves made several contributions to Delray Beach. Mr. DeWitt served as both a
City Commissioner and Mayor and helped create the Lake Worth Drainage District
among other services. The structure is outside the boundaries of the five existing historic
districts; however it is located within the boundaries of the proposed Northwest Swinton
Avenue Historic District. The residence is unique and would be a good addition to the
Local Register of Historic Places as an individually listed property.
At its meeting of October 20,2004, the Historic Preservation Board (HPB)
set a public hearing date of November 3, 2004, to discuss the proposed designation and
provide a recommendation to the City Commission for the individual historic property
listing. At its meeting of November 3, 2004, the HPB voted unanimously (7-0) to
forward a recommendation of approval to the City Commission to list the Dewitt Estate
(1110 North Swinton Avenue) in the Local Register of Historic Places.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 71-04,
the public hearing was closed.
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01/04/05
Mr. Costin moved to adopt Ordinance No. 71-04 on Second and FINAL
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.
10.G. ORDINANCE NO. 80-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(B), "Applicability", to provide
a credit for parking under certain circumstances where a governmental entity acquires
property for public parking. If passed, a second public hearing will be scheduled for
January 18, 2005. 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. 80-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY AMENDING
SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION (B)
"APPLICABILITY" BY CREATING A NEW
SUBSECTION 4.6.9(B)(4) PROVIDING A CREDIT FOR
PARKING UNDER CERTAIN CIRCUMSTANCES
WHERE A GOVERNMENTAL ENTITY ACQUIRES
PROPERTY FOR PUBLIC PARKING, PROVIDING
FOR RENUMBERING; PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 80-04 is on file in the City Clerk's
office. )
The Assistant 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 in order to acquire
lands for parking, it is in the public interest to credit the private property owner from
whom the land is acquired with parking spaces it has vested rights to which are then
transferable to other properties owned by the same property owner within 300 feet of the
property acquired by the government entity for public parking. The distance of 300 feet
was derived from and is consistent with the distance requirement currently in the LDR's
associated with off-site parking agreements. The Goals, Objectives and Policies of the
City's Comprehensive Plan were reviewed and the amendment specifically furthers
Future Land Use Element Policy C-3.2, Future Land Use Element Objective C-4, Future
- 25 -
01/04/05
Land Use Element Policy C-4.l, Future Land Use Element Policy C-4.2 and Future Land
Use Element Policy C-4.3.
At their meeting of December 20, 2004, the Planning and Zoning Board
unanimously recommended approval of the proposed ordinance. At its meeting of
December 21, 2004, the Parking Management Advisory Board (PMAB) unanimously
recommended approval of the proposed ordinance. The amendment is scheduled for
review by the Community Redevelopment Agency (CRA) at their meeting of January 13,
2005, and the results will be reported to the City Commission on second reading at the
January 18, 2005 meeting.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 80-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 80-04 on First Reading/First
Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin-
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
10.H. ORDINANCE NO. 81-04: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.095, "Contributions of Participant and
City" Subsection (A), "Participants Contribution Account", by amending Section
35.095(A)( 4) "Applicability to Bargaining Unit Employees", to provide that the
contribution by the National Conference of Firemen and Oilers (NCF&O) shall be 2.5%
and that in no event will the employee contribution be less than 2.5% or greater than
4.5%, based on actuarial requirements. 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. 81-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 35.095, "CONTRIBUTIONS OF
PARTICIPANT AND CITY", SUBSECTION 35.095(A),
"PARTICIPANT'S CONTRIBUTION ACCOUNT", BY
AMENDING SECTION 35.095(A)(4), "APPLICABILITY
TO BARGAINING UNIT EMPLOYEES", TO PROVIDE
FOR THE PARAMETERS FOR EMPLOYEE
CONTRIBUTIONS FOR MEMBERS OF THE
BARGAINING UNIT REPRESENTED BY THE
NATIONAL CONFERENCE OF FIREMEN AND
OILERS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
- 26-
01/04/05
(The official copy of Ordinance No. 81-04 is on file in the City Clerk's
office. )
The Assistant 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.
The City Manager stated this ordinance implements the most recent
Collective Bargaining Agreement with the National Conference of Firemen and Oilers
(NCF&O).
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 81-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 81-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.1. ORDINANCE NO. 76-04: An ordinance amending Chapter 112 "Alarm
Systems", Section 112.21, "Application for Alarm Registration; Reporting Changes to
Required Information", to provide for and require annual updates in information;
amending Section 112.26, "Response to Alarm; Alarm User Responsibility; Alarm
Malfunction and Corrective Action", by enacting a new Subsection 112.23(A) to require
verification for intrusion and burglar alarms. 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. 76-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 112 "ALARM SYSTEMS",
SECTION 112.21, "APPLICATION FOR ALARM
REGISTRATION; REPORTING CHANGES TO
REQUIRED INFORMATION; TO PROVIDE FOR AND
TO REQUIRE ANNUAL UPDATES IN INFORMATION;
AMENDING SECTION 112.26, "RESPONSE TO
ALARM; ALARM USER RESPONSIBILITY; ALARM
MALFUNCTION AND CORRECTIVE ACTION", BY
ENACTING A NEW SUBSECTION l12.26(A);
PROVIDING THAT ALL RESIDENTIAL OR
COMMERCIAL BURGLARY/OR INTRUSION
ALARMS SYSTEMS THAT HAVE CENTRAL
- 27-
01/04/05
MONITORING SHALL HAVE A CENTRAL
MONITORING VERIFICATION CALL MADE PRIOR
TO THE ALARM MONITORING PERSONNEL,
CONTACTING THE POLICE DEPARTMENT FOR
ALARM DISP ATCH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 76-04 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.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 76-04,
the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 76-04 on Second and FINAL
Reading, 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.
10.J. RESOLUTION NO. 91-04: Consider approval of Resolution No. 91-04
authorizing the City to purchase two lots to connect Southridge Road to Zeder Avenue as
part of the infrastructure improvements identified in the Southridge/SW 4th Avenue
Redevelopment Plan; and Contract for Sale and Purchase between the City and Faterry L.
Cleckley and Sharon C. Cleckley in the amount of $78,000.00. Prior to consideration of
passage of this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 91-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS
SOUTHRIDGE LOTS 18 AND 19 & EAST ~ OF THE
ABANDONED CENTRAL AVENUE LYING WEST OF
AND ADJACENT TO BLOCK 10 AS MORE
P ARTICULARL Y DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE DELRA Y BEACH COMMUNITY
- 28 -
01/04/05
DEVELOPMENT CORPORATION AND THE CITY OF
DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 91-04 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.
Brian Shutt, Assistant City Attorney, stated this resolution authorizes the
City to purchase two lots for the amount of $78,000.00 and noted the appraised value is
$70,000.00.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 91-04,
the public hearing was closed.
Mr. Levinson asked if the neighborhood is aware that this is being done.
The City Manager stated that the neighborhood was very much involved in the
development of the entire redevelopment of this area and requested that the City do this.
Mr. Costin moved to approve Resolution No. 91-04, 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.
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. Carolvn Zimmerman. 212 S.W. 2nd Avenue. Delrav Beach. thanked
Mayor Perlman for running again and stated he has done a good job.
11.B.2. Gerry Franciosa. 939 Eve Street. Delrav Beach. introduced himself as
the President of Progressive Residents of Del ray (PROD) and stated PROD has been the
civic watchdog organization in Delray Beach for the past twenty years. The mission of
PROD is to represent the interest of all the residents of Delray Beach before public
bodies particularly the City Commission. PROD will inform Delray Beach residents of
relevant policy under consideration by City leaders. It is imperative that PROD and City
leaders have an understanding to mutually discuss and resolve issues beneficial to all the
- 29-
01/04/05
residents without criticism or confrontations. In order to accomplish that goal, there must
be a means of communication between the Commission and PROD. Mr. Franciosa
extended himself publicly to the Commission and stated he is willing to adhere to the
ground rules that the Commission wishes to establish in order to achieve this goal and
emphasized that PROD is a non-political organization.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
Citv Mana2er
With regard to Mrs. Archer's concerns about gaps in the Holiday parade,
the City Manager stated most of the gaps arise from two different things; one from bridge
openings and the other is keeping Federal Highway (Northbound and Southbound) open
because the parade has to be stopped occasionally in order to allow traffic to flow. The
City Manager stated unless the route is changed he feels the parade will continue to have
gaps.
13.B.
Citv Attornev
The Assistant City Attorney had no comments or inquiries on non-agenda
items.
13.C.
Citv Commission
13.C.1.
Mr. Costin
Mr. Costin stated he has been humbled and honored to have served as a
Delray Beach City Commissioner for the past two years. He stated he is now ready to
spend more time with family and pursue and fulfill personal dreams/goals. Therefore,
Mr. Costin announced that he will not be seeking another term on the Delray Beach City
Commission.
13.C.2.
Mrs. Archer
Mrs. Archer apologized for missing many of the activities around the
holidays and stated she spent a lot of time with her 18 month old granddaughter.
Secondly, at the last Metropolitan Planning Organization (MPO) meeting,
she expressed Delray's concern about the fact that the City has such a tremendous
distance between Military Trail and Congress Avenue on Linton Boulevard without a bus
stop. Mrs. Archer stated she expressed her concern because the MPO is encouraging
people to take public transportation and she feels Delray Beach was totally eliminated
and could not do anything because of the access for the canal and the Lake Worth
Drainage District (LWDD). The MPO agreed that they would write a letter to the LWDD
and try and work out a way to provide at least two bus stops in this location.
- 30 -
01/04/05
13.C.3.
Ms. McCarthv
Ms. McCarthy stated she just returned from Georgia and also missed a lot
of the activities as well. She stated this was the first time in many years her entire family
was in one place at the same time.
Secondly, Ms. McCarthy congratulated Mayor Perlman and
Commissioner Levinson for re-filing.
Ms. McCarthy stated it has been an honor and a pleasure to have spent the
past two years with Commissioner Costin. She stated Mr. Costin has done his seat great
pride with his own compassion and straightforwardness on many issues and she wishes
him the best.
13.CA.
Mr. Levinson
Mr. Levinson stated he has had the great pleasure of getting to know Mr.
Costin much better than he ever did and only regrets not having done that sooner. He
stated Mr. Costin focused on long-term views, strategies, commitment, and the fact that
he was a long-term resident.
Secondly, Mr. Levinson commented on a newspaper article and stated he
was pleased to see that Dorothy Ellington continues to do terrific things. He stated Mrs.
Ellington has now brought in a credit counseling service to Carver Estates to help those
people who are going to be displaced and commended her for a job well done.
He commented about a letter he received from Mr. Miller regarding train
horns.
Mr. Levinson stated the City of Delray Beach continues to receive
accolades of thanks much in part to Mayor Perlman who communicates with Mr. Otis
White. Mr. White has featured Delray Beach in his newsletter. In addition, Mr.
Levinson commented about another article in the newsletter "How to be a Sore Head"
regarding criticism of local government and elected officials.
Mr. Levinson commented about the memo regarding Representative
Hasner's roundtable.
He inquired about the status of the parking garage at Old School Square
and stated if something is not done soon he suggested that the City move forward with an
eminent domain proceeding. Diane Colonna, Executive Director of the CRA, stated the
CRA met with the Loves and their attorney and they were receptive to the proposal. The
Love's Attorney is preparing a letter regarding the costs, etc.
- 31 -
01/04/05
13.C.5.
Mavor Perlman
Mayor Perlman announced that there will be a retirement party for
Sergeant Matthew "Bump" Mitchell tomorrow trom 2:00-3:00 p.m. at the Police
Department. He is leaving employment with the City of Delray Beach after 37 years of
servIce.
Secondly, Mayor Perlman stated he received an email today trom a
Councilwoman in Washington who spent the holidays in Delray Beach and she marveled
about the downtown. He stated they have a similar strip they are looking to rejuvenate
and are dealing with many of the same issues Delray Beach was dealing with ten years
ago.
Mayor Perlman stated he has enjoyed every moment of serving with Mr.
Costin. He stated he has a lot of respect for someone who steps into the arena and a
tremendous amount of respect for past Commissioners. Mayor Perlman commended Mr.
Costin for doing a great job while serving as Commissioner and stated he will be missed.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:50 p.m.
\~S:>. ~
City Clerk
ATTEST:
8æo~ ~
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on January 4, 2005, which Minutes were formally approved and adopted by the City
Commission on
~~ .~. ~~
èity Clerk
- 32-
01/04/05
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 33 -
01/04/05
- FORM 88 MEMORANDUM OF VOTING CO.NFLICT FOR .
:OUNTY, MUNICIPAL, AND OTHER lOCA.l PUBLIC OFFICERS
-
..A .aAME-ARST NAME-MlOOlE NAME NAME OF BOARD. COUNCIl.. COMMISSION. AUTHORITY. OR COMMfITEE
Costin. Robert DelravBeacb Citv Commission
MAIlING ADDRESS .. nE BOARD. COUNCI-. COMMISSION. AUTHORITY OR COMMITTEE ON - .
362 N.E. 5th Avenue WHICt'I {SERVE IS' A\Jt1tt bf::' .' - ' -' . .
CRY COUNTY &CO'Y a, c.<XJN1:Y q QTHER lOCALAGEHC'f
De1-rav Beach, Florida Palm Beach NAME OF POl.fTICAL SUBOMSION:
< > City· of Delrav Beach :¡ ,
DATE ON WHICH VoTE 0CC0RAa> MY f'OSfT1ON IS:
: . . 114/05 ' . -~. ò~,
~. ElEC11VE .
. . . . '- . . -,
WHO MUST" FILE· FORNfsB- .;
This foon is for use by any person serving at the county. city. or otheflocát-levél of"gbVemment on an appointed or eledèd boärd. counåI.
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. . : <.< .'",' ii'-' i·i. ':
Your responsibilities under the law when faced with voting on a measure in which you have a conftict of interest will varY g~~ de~ing
on whether you hold an elective or appointive position. For this reason. pleaSe pay-dose attention'to thè instruœòns'oñ this' tonn -aèfore
completing the reverse side and filing the tonne
,< .
INSTRUCTIONS FOR COMPUANCE WITH SECTION 112.3143, FLORIDA STATtJtfES-
arson hokUng elective or appointive county. municipal. or· other -toeal· publid office MUST ABST Am from voting :od,s' meaSUr8' which
'es to his or her special private gain or loss. Each elected or apP9Ïnted local officer also is prohibitød frpm knowingly .v~ on a mea-
~re which inures to the special gain or loss of a principal (other than à' 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 ot independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting in that
capaçity .
For purposes of this law. a -relative- includes only the officer's father. mother. son. daughter. husband. wife. brother. sister. father-ifHaw.
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 offlCef as a partner. joint venturer. cooWner of property. or corporate shareholder (where the shares of the corporation
a..e 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 votinQ; 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 mee~ng. who should incorporate the form in the minutes.
*
*
..
*
*
*
*
*
*
*
*
*
APPOINTED OFFICERS:
.ðf!hough you must abstain from voting in the situations described above. you Qtherwise may participate in these matters~ However. you
,st,discJose 'the ~at'rlre o( ·tJJa conflict befQre making any attempt to .influence the decisi:on. whether orally or in writing and ,wtfether madð, - ,
you, ~. at .y~ direction. '. I > < -
IF YOU IN11:ND TO MAKE ANY ATTEMPT TO INFLUENtÉ THE DECISIOffPRIOR'tÖ THE MEETING'AT wHICH'THE VOTE wr~ B~~·.,
TAKEN: " - .: '. .
. You must complete and file this fann (before making any attempt to influence the deåsion) with the person responsible for ~;~-"
minutes of the meeting. who will incorporate the foon in the minutes. (Continued on other side)
œ FORM 88 - EFF. 1/2000
PAGE 1
ITEM lOE
APPOIN-ry:~';«?FFICÈ~S (co~tlntled)~' -. - . _ ',; . _ ,
· A Copy OfÎhè'~ ,~~ ~ ~ i~ediàtèìy1ò ihe:~"me~~-~ the ~ehcÇ_
· The form mus.t be read public?'Y at the next meeting ~fter the f~ is filed.
IF YOU MAKE NO Arreúpr TO' íNFLuENCE\THe1;)~CjS10NI~XèEPT BY DISCUSSION AT THE MEETING:
, .
^ ,
...'
You mustiJiSéIòte-oralfy U1e nature of YOOh:OflfticUn ~ mea~ûrØ- bèfore participating.
" ~ t ~. \. ;- ~ 1 - . J __ ~ . , . _
You mustoomplete 1M form and-file it within 15 days after the vote OCCUfS with the persOÌ1 respoosiblefor'·tecord¡'ng:the.1\1lJjutes:òf~
. . - - ~ 'I' J' .... .,. .... t - r .
meeting. Who must i~ the foon i!" ~~ n:ainutes~ A-copy Of the fann must be provided immediately to thë other--.nembe';¡ òf the
ageooy. and ·the-foim mUst -be read publicly at the· next meeting after the fann is filed.
DISCLOSUR~. Q~~ ,LOCA__ OFfI.CER:$..INTEREST
I.
1top~~t CQstin
..~eby.~~ton .
~a~uary 4
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(a) A measure came or wiD come before my agency whiål (chèck one)
-1£ Inured to my special private gain or loss;
;:.. ' ."{ - -" -" ; . \. ~., .' .:' ~ -'. . .
. _-:_ ~ tp the special ga~n, ~ 1oss.9f my ~usiness,8S$OCiate.
Inured to the special gain or loss of my relative,
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Inured to the special gain or loss of . by
whom t am retained; or
lnured.tb1lit~·9a1n«1OSS of;: . ...., ;', .' , > .<,', . '>- ' -:.' ,:;:.-'i~ .', ' .' ;.' ';'" >:;., < -: . -.: '.£which
-', is ~:.~rénlocganiz.ation orsu~iary ofa pl'inqpal.which has retained me.
(b) Thfiìñe~'~~'r11'Ÿ:~ arid thè nàtùre o~my Coìift~ int~~áÚn thè Ìrleðsure is' as 'fol~s:
... ~ .. ~ I 'to I .. ~ '
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Financia"l ¡ Interes·t" in' àffected properties'.-
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5Ígnature
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1/4/05
: Date'FiIed
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I . 0_" _.£-:-_;õ,£~"~\.
NOTICE:<UNDER-PROVISIONS-OF FLORIDA STATUTES·§112~317"-:A·FAIUJRE -TO'MAKE'ANY REQÙIRED DISClOSURÉ';'-
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: 1MP~GffhtENT~'-
REMOVAl OR SUSPENSION F~OM OFFICE_OR EMPLOYMENT. DEMOTION, REDUCT1Ø~tIN SALARY.,RI;PRIMANOißR,A:
CIVIL PENALTY 'NOT TO'eXCEEò'S10,000. .,. .. '- "" ," -
œ'FOIUi 8e -. à=F~:1i2000
. ,.
" '" ~" J
PÀGE Z
. .
',.
; .
. ':.' ..'
" -
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNrl MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
Sf NAME-FIRST NAME-MIDOLE NAME
Perlman Jeff
MAlUNG ADDRESS
971 Delra Lakes Drive
CITY
Delray Beach
DATE ON WHICH VOTE OCCURRED
COUNTY Palm Beach
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
it Commission
TtE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITIEE ON
WHICH I SERVE IS A UNIT OF:
a COUNTY a OTtER LOCAl.. AGENCY
NAME OF POlITICAL SUBOIVISION:
City of Delray Beach
MY POSITION IS:
Ii ELECT1VE
a APPOINTIVE
05
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
lures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which Inures to the special gain or loss of a principal (other than a 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 offiœ(s father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-m-taw, 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
,'-- nust 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.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will Incorporate the form in the minutes. (Continued on other side)
œ FORM 88 - EFF. 112000
L~\~.~
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the foon 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 fonn in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Tp-f=f= Perl.an
. hereby disclose that on
January 4
. 20~:
<8> A measwe came or win come before my agency which (èheck one)
X iru8d 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
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
l
j
My wife Diane Co1onna is tbe Executive Director of tbe Community Redeve10pment
Agency (CRA).
Ù4\as
.. "
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 PENAL TV NOT TO EXCEeD $10,000.
œ FORM 8B - EFF. 1tmOO
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