02-01-05 Minutes
FEBRUARY 1.2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman at Pompey Park Recreation Center at
6:00 p.m., Tuesday, February 1, 2005.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Commissioner Costin.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman requested that Item 9.H., Resolution No. 6-05 be moved
to the Regular Agenda as Item 9.A.1.
Mr. Levinson requested that Item 8.J., Amendment No. 1 to the
A2reement with City Center Development. L.L.C./Ocean City Lofts be moved to the
Regular Agenda as Item 9.A.2.
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:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
January 18, 2005, 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.
6.
PROCLAMA TIONS:
None.
7.
PRESENTATIONS:
7.A. Reco2nition and Presentation to Jamie Titcomb. Executive Director.
Palm Beach County Lea2ue of Cities
Mayor Perlman introduced Jamie Titcomb, Executive Director of the Palm
Beach County League of Cities and thanked him for his assistance at the Emergency
Operation Center (EOC) and for keeping 37 municipalities in Palm Beach County in the
loop during the month of September 2004.
Kerry Koen, Fire Chief, gave a brief overview of Mr. Titcomb's efforts
and assistance during the hurricanes.
Mayor Perlman presented him with a plaque recognIZIng him for his
tireless efforts during the hurricane season 2004. Mr. Titcomb came forward to accept
the plaque and thanked the Commission for this recognition.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RA TIFICA TION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of January 20,2005.
8.B. RESOLUTION NO. 5-05/ABANDONMENT OF EASEMENT:
Approve the abandonment of an exclusive 12' wide water and sewer easement lying
within a portion of Tract "A", Lot 1, Lot 2, Lot 3, and Lot 4, and acceptance of a
replacement easement for Harbor House Plat.
8.C. RESOLUTION NO. 4-05: Approve Resolution NO.4-OS urging
members of the Florida Legislature to support the growth management issues during the
2005 Legislative Session.
The caption of Resolution NO.4-OS is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, URGING MEMBERS OF
THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING GROWTH MANAGEMENT ISSUES DURING
THE 2005 LEGISLATIVE SESSION.
(The official copy of Ordinance NO.4-OS is on file in the City Clerk's
office).
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8.D. RA TIFICA TION OF THE SISTER CITIES BOARD OF
DIRECTORS FOR 2005: Approve and ratify the proposed slate of Directors for the
Sister Cities Committee for 2005.
8.E. SPECIAL EVENT REQUEST/EAST END VOLLEYBALL
TOURNAMENT: Approve a request from East End Volleyball for the East End
Volleyball Tournament to be held at the municipal beach on April 9 and 10,2005.
8.F. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Approve a special
event request from the Chamber of Commerce to endorse the 43rd Delray Affair to be
held on April 1-3, 2005; including a temporary use permit per LDR Section 2.4.6(H) for
street closures of Atlantic Avenue from NW/SW 18t Avenue to the Intracoastal Waterway
and NE/SE 18t Street, and blocking access to Atlantic Avenue on each side street in this
area at the alleys running parallel to Atlantic Avenue; waiver of LDR Section
4.6.7(F)(3)G)(ii) to allow event signage to be placed on March 14, 2005, staff support for
security and traffic; contingent upon the staff recommended exceptions in memo dated
1/25/05 and the receipt of a hold harmless agreement and certificate of liability insurance.
8.G. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE:
Approve a special event request to allow the 3ih Annual St. Patrick's Day Parade to be
held on Saturday, March 12, 2005 beginning with setup at noon and ending at
approximately 3:30 p.m., grant a temporary use permit per LDR Section 2.3.6(H) for
street closures of Atlantic Avenue from Venetian Drive to the County Courthouse for the
parade and Venetian Drive and Gleason Street for staging of parade entries, staff support
for traffic control and security, barricading, trash removal, and assistance in obtaining the
FDOT permit, use and set up of half of the small stage, waiver of LDR's Section
4.6.7(F)(3)G)(ii) to allow event signage to be placed no earlier than March 2, 2005
contingent upon specified conditions contained in 1/20/00 memo being met and the
receipt of a hold harmless agreement and certificate of liability insurance.
8.H. SERVICE AUTHORIZATION NO. 14/CURRIE SOWARDS
AGUILA ARCHITECTS/INTRACOASTAL PARK: Approve Service Authorization
No. 14 to Currie Sowards Aguila Architects in the amount of$106,750.00 for additional
design services associated with the Intracoastal Park Florida Inland Navigational District
(FIND) Project. Funding is available from 334-4174-572-63.90 (General Construction
Fund/Other Improvements/Intracoastal Park).
8.1. SERVICE AUTHORIZA TION NO. I.1!CURRIE SOWARDS
AGUILA ARCHITECTS/LAKE IDA PARK: Approve Service Authorization No. 1.1
to Currie Sowards Aguila Architects in the amount of $51,250.00 for consultant design
services for the Lake Ida Park Project. Funding is available from 380-4150-572-63.26
(2004 G.O. BondlLake Ida Park).
8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.2.
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02/01/05
8.K. JOINT DEFENSE AGREEMENT/TOWN OF WELLINGTON AND
THE CITY OF DELRAY BEACH v. PALM BEACH COUNTY: Approve a Joint
Defense Agreement regarding the Town of Wellington and the City of Delray Beach v.
Palm Beach County in opposition to Palm Beach County's Charter Amendment relating
to Voluntary Annexation.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 18, 2005 through January 28,2005.
8.M. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the amount of $13 5,120.00 to Selectron
Technologies, Inc. and Sungard HTE, Inc. for additional e-
government modules to include interactive Web Response for
building permits and Utility Customer Service. Funding is
available from 441-5161-536-64.11 (Water/Sewer Fund/Computer
Equipment) and 334-6112-519-66.10 (General Construction
FundIRenewal & Replacement/Miscellaneous Software).
2. Contract award to Chaz Equipment, Inc. in the amount of
$45,000.00 via the City of Boca Raton Contract for the
replacement of a sewer manhole located in Highpoint. Funding is
available from 442-5178-536-63.51 (Water/Sewer Renewal &
Replacement Fund/Sewer Mains).
3. Lease award to Ikon Office Solutions in the total amount of
$39,432.24 for a thirty-six (36) month lease of six (6) digital
copiers for various secure locations for the Police Department.
Funding is available from 001-2111-521-44.30 (General Fund/
Equipment), 001-2121-521-44.30 (General Fund/Equipment), 001-
2117-521-44.30 (General Fund/Equipment), and 001-2115-521-
44.30 (General Fund/Equipment).
Ms. McCarthy moved to approve the Consent Agenda, 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.H. RESOLUTION NO. 6-05: Approve Resolution NO.6-OS naming the
City park area that includes the Boy Scout Hut "The Mike Machek Boy Scout Park".
The caption of Resolution NO.6-OS is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
NAMING THE CITY PARK AREA THAT
INCLUDES THE BOY SCOUT HUT "THE MIKE
MACHEK BOY SCOUT PARK".
(The official copy of Resolution NO.6-OS is on file in the City Clerk's
office).
Prior to the vote, Mayor Perlman stated the City will do a much bigger
presentation at a later date.
Mr. Costin moved to approve Resolution No.6-OS, 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.
At this point, Mayor Perlman read and presented Resolution NO.6-OS to
Rose Sloan (Mike Machek's sister) who came forward to accept the resolution on behalf
of the family.
9.A.1. AMENDMENT NO. 1 TO THE AGREEMENT WITH CITY
CENTER DEVELOPMENT. LLC/OCEAN CITY LOFTS: Approve Amendment
NO.1 to the agreement between the City and City Center Development, LLC to provide
for an increase in payment to the developer in the amount of $32,100.00 for the
relocation of utilities within the City right-of-way on N.E. 4th Avenue.
Mr. Levinson declared a conflict of interest and stepped down from the
dais.
At this point, Mr. Costin stepped down from the dais.
Mrs. Archer moved to approve Amendment No. 1 to the Agreement
between the City of Delray Beach and City Center Development, LLC, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote.
At this point, the Commission moved to Item 9.B.
9.B. CONDITIONAL USE REQUEST/THE STRAND: Consider a request
for conditional use approval to allow the density to exceed 30 units per acre (42.7
dwelling units per acre proposed) and a building height in excess of 48' (57' 7"
proposed) within the CBD (Central Business District) for The Strand, a proposed mixed-
use development consisting of 134 residential units and 28,820 square feet of combined
office, retail, and restaurant space, located on the north and south sides of S.E. 18t Street,
between S.E. 3rd Avenue and the Florida East Coast Railroad (FEC). (Quasi-Judicial
Hearing)
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02/01/05
Mayor Perlman read into the record the 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 file #2005-049 into the record.
Mr. Dorling stated this is a conditional use for density exceeding 30 units
per acre. The proposed residential density is 42.7 dwelling units per acre and the
proposed height is 57' -7". This proposal includes the construction of a five-story mixed-
use building with 19,572 square feet of retail floor area, 62,245 square feet of office area,
and 3,003 square feet of restaurant area and 134 residential units. The development will
wrap around a 299 space two level parking garage. The request for increase in height
only applies to the southern parcel and the increase in density will apply to both projects.
At its meeting of January 13, 2005, the Community Redevelopment
Agency (CRA) considered the request and recommended approval by a vote of 4-0; the
Downtown Development Authority (DDA) reviewed the development proposal at its
meeting of January 10, 2005 and recommended approval; at its meeting of January 24,
2005, the Planning and Zoning Board held a public hearing and the Board voted (3-1) in
favor of both conditional uses.
Rusten Kupi, Project Architect, gave a brief PowerPoint presentation
regarding the project.
Cary Glickstein, Ironwood Properties, briefly spoke about the project and
the design guidelines.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the Conditional Use request, to come forward at this time.
Gerry Franciosa, President of Progressive Residents of Delray (PROD),
stated the project is going from 30 units per acre to 42.7 which is approximately a 40%
increase in density.
Prior to the vote, Mayor Perlman commended the architect for a
spectacular presentation. He stated he believes this is not an issue of density but is an
issue of good design.
Mr. Levinson commended the developer for putting together an extremely
attractive project well within the design guidelines.
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02/01/05
Mrs. Archer also commended the developer for the use of the design
guidelines and feels this is a very attractive project. However, she expressed concern
over the south building having the higher elevation. Therefore, Mrs. Archer stated this is
the area that is closer to the residential neighborhood.
Mr. Costin commended the developer for an exceptional project and is
aesthetically pleasing and will be a great addition to the downtown. He is particularly
pleased with the extension of retail south of Atlantic Avenue.
Ms. McCarthy stated as she goes to different places to do presentations on
updates of the city and citizens have brought their concerns about the increased density
and height she was able to introduce them to the Downtown Master Plan. She stated the
Plan was developed with a lot of citizenry input and Charrettes. She stated in order to
keep a viable downtown the consensus was that if you build residential around the
downtown, people can walk out their front doors to a place to shop and eat and will help
to sustain the downtown. She stated Delray Beach created this Plan first and the
developers have to adhere to what is put in place. She stated the developers have to go
through a process in order to get approval and noted that the LDR's are design guidelines.
She stated Delray Beach is not such a rigid place that there is no room for flexibility. The
Commission is concerned with the quality of life for the people who live here and people
have different choices as to what quality of life is for them. She stated the Commission
has been astute enough to include the citizens so that there is something here for
everyone.
Mayor Perlman stated neighboring communities allow 150 foot buildings
and he believes because we have chosen to be different it distinguishes Delray Beach
from neighboring cities.
Mr. Levinson moved to approve the Conditional Use request for The
Strand based upon the findings and recommendations of the Planning and Zoning Board,
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.A. CONDITIONAL USE REQUEST/CITYSCAPE: Consider a request
for conditional use approval to allow a building height in excess of 48' (57' 6" proposed)
within the CBD (Central Business District) for Cityscape, a proposed mixed-use
development consisting of 34,000 square feet of retail floor area and 75 residential
condominiums, located at the northwest corner of N.E. 5th Avenue (southbound Federal
Highway) and N.E. 3rd Street. (Quasi-Judicial Hearing)
Commissioner Costin declared a conflict of interest and stepped down
from the dais.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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02/01/05
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-030 into the record.
Mr. Dorling stated the property is located at the northwest corner of N.E.
5th Avenue and N.E. 3rd Street and is bordered to the west by the FEC Railroad. The
property contains the Scobee Ireland Potter Funeral Home, Native Florida Gallery (a/k/a
Dee's Alterations), and a single family home. The development proposal has been
received which involves the relocation of two of the structures, demolition of the funeral
home and construction of a mixed use development which will include 34,000 square feet
of retail on the ground floor fronting N.E. 5th Avenue and N.E. 3rd Street and 75
condominium units on floors 2 through 5. The applicant has requested approval to
exceed the 48 feet height up to a maximum of 57 feet 6 inches. Mr. Dorling stated this
development has also been designed utilizing the design guidelines.
At its meeting of January 24, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the request and after discussing the proposal the Board
unanimously voted 4-0 (Kincaide absent, Pike stepped down) to recommend approval.
At its meeting of December 9, 2004, the Community Redevelopment Agency (CRA)
reviewed the conditional use request and unanimously recommended approval. At its
meeting of January 10, 2005, the Downtown Development Authority (DDA) reviewed
the conditional use request and recommended approval with a 4-0 vote.
Boris Grandison, 2601 S. Bayshore Drive, Miami, FL 33133 (Applicant),
gave a briefPowerPoint presentation of this project.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the Conditional Use request, to come forward at this time.
Mr. Dorling noted that at the Planning and Zoning Board there was brief
discussion about an alternative access to the garage and the developer had agreed to
provide that. He stated this is a 300 space garage with only one entrance and concerns
were expressed about getting in and out in the event of an accident. Mr. Grandison stated
this alternative has been taken into consideration as they move forward with the design
they have incorporated ingress and egress into the property.
Mr. Levinson moved to approve the Conditional Use request to allow a
height in excess of 48' (57'-6" proposed) for Cityscape, 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 LDR Sections 2.4.5(E)(5), LDR
Section 4.3.4(J)(4)(b), and Chapter 3 of the LDR's, seconded by Mrs. Archer. 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.
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02/01/05
9.C. WAIVER REQUEST/ATLANTIC PALMS: Consider a waiver
request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving
Widths", 6.1.3(B)(3), "Separation", and 6.1.4(C)(3)(b), "Location", for Atlantic Palms
pursuant to LDR Section 2.4.7(B)(5), "Findings". (Quasi-Judicial Hearing)
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 file #2004-172 into the record.
Mr. Dorling stated the 5.04 acre subject property is approximately 140 feet
east of Whatley Road. On May 12, 2004, the Site Plan Review and Appearance Board
(SPRAB) approved a Class V site plan and architectural elevations associated with the
construction of 45 fee-simple townhouse units within six (6) buildings for the
development known as Atlantic Palms. The landscape plan associated with the
development proposal was tabled with direction and ultimately approved at the Site Plan
Review and Appearance Board (SPRAB) meeting of December 15, 2004. At its meeting
of May 12, 2004, the SPRAB also reviewed three (3) waiver requests associated with the
development proposal and forwarded a recommendation of approval to the City
Commission. Staff recommends that the Commission support the minimum paving
widths and the proximity of driveways to intersections; however, staff does not
recommend approval of the separation between sidewalks and street paving/curb section
that requires the two foot landscaped area. Mr. Dorling noted that the Site Plan Review
and Appearance Board (SPRAB) did recommend approval of all three waivers associated
with the development proposal and if the applicant chooses to put a Type "D" curb in
staff supports approval.
Mrs. Archer inquired if the Type "D" curb is what is in being installed on
Atlantic Avenue just east of the townhouse complex. Mr. Dorling stated a Type "D" curb
is six inches and is at a 90 degree angle. The City Manager stated the Type "D" curb is
what the City of Del ray Beach has on most streets.
Francisco Azua-Perez, Applicant, stated he IS present to answer any
questions.
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to come forward at this time.
Mr. Costin moved to approve the request for a waiver to LDR Section
6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24'
to 20', 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 2.4.7(B)(5) of the LDR's, seconded by Ms. McCarthy. Upon roll call the
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02/01/05
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
Mrs. Archer moved to approve the request for a waiver to eliminate the
two foot (2') wide landscape area between the sidewalk and the curb section subject to
putting in a Type "D" curb and making positive findings about meeting the criteria set
forth in Section 2.4.7(B)(5) of the LDR's, 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.
Ms. McCarthy moved to approve the request for a waiver to LDR Section
6.1.4(C)(3)(b) to reduce the separation requirement between driveways and intersections
from 25' to 22' at the east side of the roundabout, 16' at the north side of the roundabout,
and 13' for the northernmost unit in Building #5, by adopting the findings, by adopting
the findings of fact and law contained in staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5)
of the LDR's, 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.
At this point, the time being 7:05 p.m., the Commission moved to the
duly advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 7-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Appendix "A", Section 4.3.4(K), "Development Standards Matrix", and Section 4.4.6,
"Medium Density Residential (RM) District", modifying the development standards in
conjunction with the implementation of the Southwest Area Neighborhood
Redevelopment Plan. If passed, a second public hearing will be scheduled for February
15,2005. Prior to consideration of passage of Ordinance NO.7-OS on First Reading/First
Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance NO.7-OS 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 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX";
SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT" AND APPENDIX
"A", "DEFINITIONS", IN ORDER TO IMPLEMENT
PROVISIONS OF THE SOUTHWEST AREA PLAN
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REGARDING DENSITY AND USES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance NO.7-OS 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 this ordinance is to
accommodate densities up to 24 units per acre for workforce housing within the recently
adopted Southwest Neighborhood Overlay District, the RM (Medium Density
Residential) zoning district development standards must be modified. The proposed
amendment reduces the current setback requirements as follows: (1) The front and side
street setbacks will be reduced from 25' (1 & 2 story) and 30' (3 story) to 15', (2) reduces
the side interior setback from 15' (1 & 2 story to 10' and from 30' (3 story) to 15', and
(3) the rear setback will be reduced from 25' to 10'. The amendment provides a
definition of "porch" and will allow front porches to extend 5' into the setback. The
amendment includes a provision that requires a 20' setback for a garage, carport or porte-
cochere when the entrance faces a street or alley. This is to ensure there is adequate room
for guest/residents to park in the driveways, without vehicles encroaching into the right-
of-way. Positive findings can be made with respect to LDR Section 2.4.5(M)(5), as the
proposed text amendment will further the Goals, Objectives, and Policies of the
Comprehensive Plan, and the Southwest Area Neighborhood Redevelopment Plan.
At its meeting of January 24, 2005, the Planning and Zoning Board held a
public hearing and there was a member of the public who supported the amendment, but
felt the requirement to provide 20' setbacks behind the garage doors adjacent to the alley
was excessive. The Board voted 5-0 (Kincaide absent), to recommend to the City
Commission approval of the proposed amendment as proposed by adopting the findings
of fact and law contained in the staff report.
Mr. Dorling made clarification to page five (3)(b) of the ordinance and
stated the word "public" should be added and should read: Setbacks for Gara2es.
Carports and Porte-Cocheres: Garages, carports and porte-cocheres must have a
minimum 20' setback when the entrance faces a public street or alley.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No.7-OS,
the public hearing was closed.
Prior to the vote, Ms. McCarthy stated if this ordinance is approved on
first and second reading and these type of developments become a reality in the
Southwest Plan that the City do something to begin to sensitize that area to the different
feel that the community will have with these type of different structures being in a place
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02/01/05
that is predominantly single-family. She reiterated perhaps there is something that could
be put into place to help people adjust to the change.
Ms. McCarthy moved to adopt Ordinance NO.7-OS on First Reading/First
Public Hearing, 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.
10.B. ORDINANCE NO. 77-04: City initiated amendment to Land
Development Regulations (LDR) enacting Article 8.5, "Public Art", to establish a public
art program. Prior to consideration of passage of Ordinance No. 77-04 on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 77-04 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
ENACTING ARTICLE 8.5, "PUBLIC ART", BY
ESTABLISHING A PUBLIC ARTS PROGRAM; BY
ESTABLISHING A PUBLIC ART ADVISORY BOARD;
PROVIDING GENERAL PROVISIONS FOR ITS
ORGANIZATION AND OPERATION; BY AMENDING
APPENDIX "A", "DEFINITIONS", PROVIDING FOR
CERTAIN TERMS REGARDING THIS ORDINANCE;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 77-04 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 this ordinance
would establish a Public Art Advisory Board created for the purpose of advising and
making recommendations to the City Commission with respect to public art policy and
related issues which would include, but not limited to, the selection, construction and
placement of public art in/on City right-of-way and City owned property. The proposed
amendment requires the City to appropriate 1.5% of the total eligible construction costs
to be used for artist design services and for the selection, acquisition and display of
artworks, and for the administration of the public arts program.
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02/01/05
At its meeting of December 20, 2004, the Planning and Zoning Board
considered the request and unanimously recommended approval. The proposed
amendment was reviewed by the Community Redevelopment Agency (CRA) on
December 9,2004 and recommended approval. The Downtown Development Authority
(DDA) also reviewed the amendment at their December 13, 2004 meeting 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. 77-04, the
public hearing was closed.
Mayor Perlman asked if staff has an estimate of how much the 1.5% is per
year based on recent years. The City Manager stated this is usually in the $30,000-
$50,000 range.
Mr. Costin moved to adopt Ordinance No. 77-04 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 4-05: An ordinance amending Chapter 135,
"Abatement of Nuisances", Section 135.10, "Definitions", to comply with the updated
Florida Statute 893.138. 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.4-OS is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 135, "ABATEMENT OF
NUISANCES", SECTION 135.10, "DEFINITIONS",
CLARIFYING CERTAIN DEFINITIONS SO AS TO
CONFORM TO F.S. 893.138; AMENDING SECTION
135.40 "CONDUCT OF HEARINGS", CLARIFYING
HOW HEARINGS ARE CONDUCTED; AMENDING
SECTION 135.70 "FINES FOR NONCOMPLIANCE
WITH ORDERS", PROVIDING FOR THE TOTAL
FINES IMPOSED PURSUANT TO THE AUTHORITY
OF THIS ORDINANCE TO BE INCREASED TO
$15,000.00 TO COINCIDE WITH F.S. 893.198; TO
PROVIDE FOR THE REASONABLE PAYMENT OF
ATTORNEY'S FEES TO THE CITY AND ENACTING A
SECTION CONCERNING AN ACTION AGAINST A
PROPERTY OWNER WITH MULTIPLE TENANTS;
PROVIDING A SAVING CLAUSE, A REPEALER
CLAUSE AND AN EFFECTIVE DATE.
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02/01/05
(The official copy of Ordinance NO.4-OS 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.
The City Attorney stated Cathy Kozol, Police Legal Advisor, is present
this evening for any questions.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No.4-OS,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance NO.4-OS on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
II.A.
City Mana2er's response to prior public comments and inauiries.
With regard to a prior concern expressed by Mr. Smith about sidewalks,
bicycle paths, and someone tripping on the sidewalk at the north end of the beach, the
City Manager stated the City has inspected this area and identified some trip hazards.
Staff expects to have this cut out and replaced within the next few weeks and in the
meantime this area has been barricaded.
ll.B.
From the Public.
ll.B.1. Gerry Franciosa. 939 Eve Street. Delray Beach. asked for assistance
regarding beautifying the area around the Caring Kitchen and stated he is trying to
determine who is responsible for the maintenance of this area.
ll.B.2. Kenneth Grav. 696 Udell Lane. Delray Beach. stated he feels he
followed the correct protocol by going to the Police Department first to address the
concerns of the Sudan Lane and Delray Shores neighborhood. He stated it took
approximately four days for the City to move mattresses from a dumpster in front of the
stores on Davis Road. Mr. Gray stated there is drug trafficking in front of the stores. Mr.
Gray stated he spoke to David Eberhart on January 24, 2005 about some of the problems
the neighborhood is experiencing and it took approximately four days before he received
a response to his concerns. He stated there have been unreported fights in front of the
store. He expressed concern with a day care facility in the area and the percentage of
kids who will walk down Davis Road to get to the new high school. He urged the
Commission to provide the residents with more protection and help eliminate this type of
problem in the neighborhood.
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02/01/05
Mr. Levinson suggested that the City Attorney communicate with the
landowner of this building to alert them to what is going on.
Mayor Perlman suggested that the City Manager communicate this to the
Acting Commander and suggested this be a problem oriented policing project.
Ms. McCarthy inquired about whether or not these two subdivisions have
been able to participate in the Citizens Observer Patrol (C.O.P.) Program. Mr. Gray
stated the neighborhood has not been successful with this program. Ms. McCarthy
expressed concern that if the problem is addressed at this particular location they might
just move their activities someplace else within the community.
Mayor Perlman stated there are strategies that can be used and staff will
look into this matter.
At this point, the Commission moved to Item 9.D. of the Regular
Agenda.
9.D. SCHOLARSHIP AGREEMENT/SAINT PATRICK'S DAY
EVENTS. INC.: Consider approval of a Scholarship Agreement with Saint Patrick's
Day Events, Inc. to establish a scholarship fund for eligible Youth Council members.
The City Attorney stated this is a request from Ed Gallagher, President of
Saint Patrick's Day Events, Inc. regarding the desire to establish a scholarship fund for
eligible Youth Council members. The City Attorney stated the Youth Council will
establish the criteria which will then be approved by the City Commission and the
expenditures will require the approval of the Community Improvement Director and the
City Manager.
Mr. Levinson inquired if this will provide for someone other than the
Saint Patrick's Day Events, Inc. to make a contribution to this effort.
Mr. Levinson inquired about whether or not there will be interest or
investment earnings on this account. The City Attorney stated staff would be in favor of
placing this money in an interest bearing fund.
The City Manager stated this money would be part of a pooled cash
earning interest.
Mr. Levinson moved to approve the Scholarship Agreement with Saint
Patrick's Day Events, Inc. to establish a scholarship fund for eligible Youth Council
members, 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.
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02/01/05
9.E. AMENDMENT NO.1 TO THE MANAGEMENT AND SUBLEASE
AGREEMENTS/THE FRIENDS OF SANDOW A Y HOUSE NATURE CENTER.
INC.: Consider approval of Amendment NO.1 to both the Management Agreement and
the Sublease Agreement with The Friends of Sandoway House Nature Center, Inc. to
include repair and maintenance of the HV AC system.
Mayor Perlman stated he is a member of the Board of Directors and
asked if this would be a conflict of interest. The City Attorney stated Mayor Perlman is
allowed to serve on a Not-for-Profit Board and therefore there is no conflict.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve Amendment NO.1 to both the Management Agreement and
the Sublease Agreement with The Friends of Sandoway House Nature Center, Inc.
whereas the City would assume the maintenance and repair of the HV AC systems at the
facility. The City is already responsible for exterior lighting maintenance per the original
agreement.
Mr. Costin moved to approve the Amendment NO.1 to the Management
Agreement and Sublease Agreement between the City and The Friends of Sandoway
House Nature Center, Inc., 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.F. SPECIAL EVENT REQUEST/LYMPHOMATHON: Consider
approval of the 1 st L ymphomathon sponsored by the Lymphoma Research Foundation to
be held on April 17, 2005 from 8:00 a.m. until 2:00 p.m., including temporary use permit
per LDR Section 2.3.6(H) for the use of Anchor Park and City right-of-way along A-I-A
from Casurina to George Bush Boulevard, waiver of parking fees, and staff support for
security/traffic control, barricading, signage, and set up/use of the small stage; contingent
upon specified conditions contained in 1/26/05 memo and the sponsor providing liability
insurance and a hold harmless agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request to
endorse the 1st Lymphomathon sponsored by the Lymphoma Research Foundation
proposed to be held on April 17, 2005 from 9:00 a.m. until 2:00 p.m. The event sponsor
is also requesting the closure of A-I-A from Casuarina to George Bush Boulevard, use of
Anchor Park as a staging area, along with waiving parking fees and authorize staff
support for security and traffic control, barricading, EMS assistance, cleanup and trash
removal, and use and set up of the small stage. The estimated overtime costs are
approximately $3,000, $530 for stage rental and $500 for barricade rental for a total cost
of $4,030. If however, the route is limited to the sidewalk (similar to what was done for
the A VDA event) on A-I-A, then the estimated overtime costs would be reduced to $400
and the stage rental to $530 with no barricading needed. Staff recommends approval per
the following conditions: (1) The event route be limited to the sidewalk along the east
side of A-I-A with Anchor Park as the starting point and assembly area, (2) The event is
to start no later than 8:00 a.m., (3) A hold harmless agreement and certificate of event
liability insurance be provided to the City no later than two weeks before the event, and
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02/01/05
(4) The event sponsor, with volunteers, be responsible for site clean up.
Mr. Costin asked if staff has any guidelines as to what the City provides
for numbers of people who may be participating in an event. Mr. Barcinski stated the
Fire Department reviews the event and determines if they feel it is necessary to provide
EMS assistance. Mr. Barcinski stated generally the Fire Department uses 2,000 as a cut-
off if there is going to be 2,000 people at the event. Mr. Barcinski stated it is anticipated
that approximately 200 people will attend the event.
Mrs. Archer moved to approve the 1 st Lymphomathon sponsored by the
Lymphoma Research Foundation to be held on April 17, 2005 subject to staffs
recommendations listed in the January 26, 2005 memorandum, 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.
9.G. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT
WITH THE COMMUNITY REDEVELOPMENT AGENCY
(CRA)/LANDSCAPING IMPROVEMENTS/N.E. 3RD AVENUE: Consider approval
of Amendment NO.1 to the Interlocal Agreement between the City and the Community
Redevelopment Agency (CRA) to provide that the CRA shall increase its contribution
amount not to exceed $43,967.00 to fund the landscaping and irrigation improvements for
the N.E. 3rd Avenue Beautification drainage areas.
Mayor Perlman declared a conflict of interest and passed the gavel to
Vice Mayor McCarthy and left the dais.
Brian Shutt, Assistant City Attorney, stated this is an amendment to an
Interlocal Agreement which the City Commission entered into at its meeting of
September 21, 2004 with the Community Redevelopment Agency (CRA) regarding the
funding of landscaping and beautification improvements to be made to certain drainage
areas along N.E. 3rd Avenue. The cost of the landscaping for the project has increased
and the CRA has offered to provide an additional 10% in funding.
Mr. Levinson moved to approve Amendment No. 1 to the Interlocal
Agreement between the City of Delray Beach and the Community Redevelopment
Agency (CRA), seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes; Mr.
Costin - Yes. Said motion passed with a 4 to 0 vote.
9.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
At this point, Mayor Perlman returned to the dais and Vice Mayor
McCarthy passed the gavel back to him.
- 17 -
02/01/05
9.1. SPECIAL EVENT REQUEST/CELEBRATE THE SOUL OF
DELRA Y 2005: Approve a special event request for the 5th Annual "Celebrate the Soul
of Delray" event to be held on Sunday, March 5, 2005 from 10:00 a.m. to 9:00 p.m.,
including a temporary use permit per LDR's Section 2.4.6(H) for use of Atlantic Avenue
right-of-way from Swinton Avenue to NW/SW 5th Avenue, use of Tennis Center parking
lot and Clubhouse, use of the large covered City stage; provide staff support for security
and traffic control, barricade set up, trash clean up/removal, EMS services, use of City
trash containers and signage; contingent upon sponsor providing certificates of liability
insurance, liquor liability insurance, and a hold harmless agreement. Staff recommends
denial.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for Commission to endorse the 5th Annual Celebrate the Soul of Delray proposed to be
held on Saturday, March 5, 2005 from 10:00 a.m. to 9:00 p.m., to grant a temporary use
permit for the use of Atlantic Avenue from Swinton Avenue to NW/SW 5th Avenue and
the Tennis Center parking lot, to authorize use of the Tennis Center Clubhouse and the
large covered City stage. Staff support is requested for traffic control and security,
barricading, trash removal and clean up, EMS services, and use of City trash containers
and signage. Mr. Barcinski stated an event permit has been received from Mr. Clay
Wideman and staff overtime costs for this event are estimated to be approximately
$8,950, $1,590 for stage rental and $250 for barricade rental for a total of$10,790. Mr.
Barcinski stated they will operate under the 501(C)(3) under the umbrella of Class of
Palm Beach County, Inc. c/o Frances Carter. Staff recommends denial because per
Amendment NO.1 to the original agreement with the City approved February 11, 2003,
$10,000 was due payable on April 1, 2004. This payment has not been received. In
addition, this request was not received 90 days prior to the event as required by the
policies and procedures. However, staff recommends that if Commission wishes to
consider this event for approval, they do so per the seven conditions listed in the City
Commission memorandum dated January 27,2005.
Mrs. Archer moved to approve the special event request for the 5th Annual
"Celebrate the Soul of Del ray" to be held on Sunday, March 5, 2005 from 10:00 a.m. to
9:00 p.m. subject to staff recommendations, seconded by Mr. Costin.
Mr. Levinson proposed an amendment to the motion by adding condition
#8 that there be an agreement with the DDA to assign the proceeds which are paid to the
City for repaying the debt.
Clay Wideman, President of the Delray Merchants Association, stated he
has a commitment from Addie Greene of$10,000.
Mr. Levinson stated he would like to move back the date the money is due
in order to have sufficient time to work out the accounting issues, etc.
Mayor Perlman stated this is a signature event on West Atlantic Avenue
and suggested that direction be given to staff to work out the timing issue.
- 18 -
02/01/05
Mr. Levinson suggested that the 2004 payment be due in 2005 and the
2005 payment be due in 2006.
Mr. Levinson moved to approve the special event request for the 5th
Annual Celebrate the Soul of Delray proposed to be held on Saturday, March 5, 2005
from 10:00 a.m. to 9:00 p.m., subject to the seven conditions recommended by staff in the
January 27, 2005 memorandum and also direct staff to work out the timing and details of
the repayment, 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.J. PROPOSAL FOR SETTLEMENT IN LEVY v. CITY OF DELRA Y
BEACH: Consider a Proposal for Settlement in the amount of $7,500.00 in Levy v. City
of Delray Beach. Staff recommendation is denial.
The City Attorney stated staff has received a proposal for settlement in
the amount of$7,500.00. Staff recommends denial of the settlement proposal.
Mr. Costin moved to approve the proposal for settlement in Levy v. the
City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted
as follows: Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer -
No; Mr. Levinson - No. Said motion to approve the proposal for settlement was
DENIED with a 5 to 0 vote.
9.K. 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 moved to appoint Greta Britt as an alternate to the
Nuisance Abatement Board for an unexpired term ending March 31, 2005, 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.L. APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint one (1) member to the Parking Management Advisory
Board to represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate
95 for an unexpired term ending January 31, 2006. Based upon the rotation system, the
appointment will be made by Commissioner Costin (Seat #1).
Mr. Costin moved to appoint Jeanette Dobson as a member to the Parking
Management Advisory Board for an unexpired term ending January 31, 2006, 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.
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02/01/05
9.M. APPOINTMENT TO THE PLANNING AND ZONING BOARD:
Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5).
Mayor Perlman stated he wished to appoint Paul Zacks to the Planning
and Zoning Board for an unexpired term ending August 31, 2006. Mr. Levinson so
moved, 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.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 8-05: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference",
of the Code of Ordinances by enacting a new subsection 96. 16(B)(6) to clarify that prior
verification of fire alarms is prohibited. If passed, a public hearing will be scheduled for
February 15, 2005.
The caption of Ordinance NO.8-OS is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", SECTION 96.16,
"CERTAIN CODES ADOPTED BY REFERENCE",
BY ENACTING A NEW SUBSECTION 96.16(B)(6),
TO CLARIFY THAT PRIOR VERIFICATION OF
FIRE ALARMS IS PROHIBITED; PROVIDING, A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance NO.8-OS is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Costin moved to approve Ordinance NO.8-OS on FIRST Reading,
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.
- 20-
02/01/05
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
City Mana2er
The City Manager had no comments or inquiries on non-agenda items.
13.B.
City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission
13.C.1.
Mr. Levinson
Mr. Levinson stated he would like to make sure staff sends a letter of
appreciation to the sponsors for the League of Cities luncheon. He stated the luncheon
was very nice and well attended.
13.C.2.
Ms. McCarthy
Ms. McCarthy stated it was a wonderful opportunity to host cities here in
Delray Beach and staff did an outstanding job on the presentation.
Secondly, Ms. McCarthy stated it is appropriate that the Commission
meeting is being held at Pompey Park since February is Black History Month.
She commented about the Soul of Delray celebration and stated if it
becomes feasible she would like to see this event held during Black History Month
(February).
She stated there will be a multitude of events going on and sometimes she
receives information from organizations that the rest of the Commission may not be privy
to. Therefore, she will make sure the Commission is made aware of this.
Ms. McCarthy suggested sensitizing the community to some of the
changes that are going to happen and commented about the 3-D visual presentation this
evening. She stated this may be a way to give a visual so that people will be prepared for
the change.
Mr. Levinson concurs with Ms. McCarthy's suggestion and stated perhaps
Joe Gray can find a way to create an Outreach Program.
13.C.3.
Mr. Costin
Mr. Costin stated he too is very pleased with the League of Cities turnout
and commended the City Manager and staff for a great presentation.
- 21 -
02/01/05
Secondly, he stated he was very impressed and pleased with the excellent
media coverage regarding the FED Cup.
13.CA.
Mrs. Archer
Mrs. Archer concurred with comments expressed by Mr. Costin and feels
Ms. McCarthy's idea for the community is a great idea.
Secondly, she stated she was not able to attend the League of Cities
Luncheon because of a conflict.
Lastly, Mrs. Archer stated Mayor Perlman gave the State-of-the-City
address at the Rotary Club Luncheon and noted there were ninety people in attendance.
13.C.5.
Mayor Perlman
Mayor Perlman stated the Roots Classical Series will be held on February
lih and he will not be able to attend because he will be out of town. He stated Mrs.
Wesley has asked for Commission representation for the award presentation to Dr. Art
Johnson.
Secondly, he attended the Lifeguard of the Year Breakfast at Boston's on
Friday. Mayor Perlman stated Jo Wagenhals is also the Lifeguard of the Year for the
State of Florida and urged the Commission to congratulate her on her local honor and
statewide honor.
Mayor Perlman announced that Glenn Goss will be the new Police Chief
in Highland Beach. He stated this is a feather in the cap of Delray and noted this is the
ih individual from the Delray Beach Police Department that has moved on to take a
position as Police Chief.
He stated Delray Beach received good Press regarding the FED Cup.
Mayor Perlman stated he was not pleased with the Editorial in the Sun-
Sentinel regarding Carver Square where it implied that the City had no sense of urgency
and no plan. Mayor Perlman stated he spoke with the Editorial Board and stated there is
a tremendous sense of urgency on this issue. Mayor Perlman stated staff, the Community
Redevelopment Agency (CRA), and Attorneys have all worked very hard on this. Mayor
Perlman stated when the Plan is finalized he would like to see the City invite all of the
governmental officials that have taken an interest in this (i.e. Representative Hastings,
Senator Dawson, Commissioner Greene), along with the City of Delray Beach and the
CRA and take input from these officials and go forward with a unified approach.
Furthermore, Mayor Perlman stated he would like to see the City work with State,
County, and Federal officials and suggested that Lula Butler, Director of Community
- 22-
02/01/05
Improvement and the CRA work together to help coordinate this effort. He feels this
would be good for the community.
Mayor Perlman stated the 2005 Millennium International Tennis
Championships is a great event and announced that the City is offering up to 200 free
tickets per day.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:08 p.m.
~'S).~~~\
City Clerk
ATTEST:
8~f tz
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 February 1, 2005, which Minutes were formally approved and adopted by the City
Commission on February 15, 2005 .
~S). \0~J
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.
I
..
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02/01/05
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
- COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
ST NAME-FIRST NAME-MIDOLE NAME ,.J f!.o ߀-{¿:' NAME OF BOARD. COUNCIl, COMMISSION. AUTHORITY. OR COMMITTEE ~
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MAlUNG ADDRESS Î)ILrVg.- TIE BOARD, COUNCIl, COMMISSION. AUTHORITY OR COMMrnæ ON
qLf3 ~tf E 1t&12.Æ£N WHICH I SERVE IS A UNIT OF:
CITY COUNTY ?i crrY a COUNTY a OTHER LOCAL AGENCY
bEI.-fUJ'-f ~c-kJ )/J)-L M BI£YfkJr:J- 'NAME OF POLITICAL ~
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DATE ON WHat R OCCURRED MY POSmON IS: ì6
~fZcJ~'1 J, Z-OlJS- ELECTIVE 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. rouncil,
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 fonn.
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
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-
.ure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special 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).
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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 absIaInIng 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 fonn In the minutes.
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APPOINTED OFFICERS:
Although you must abstain from voting in the situations desaibed above, you otherwise may participate in these matters. However. you
__must disclose the nature of the conflict before making any attempt to influence the deciSion. whether orally or In writing and whether made
)y you or at your direction.
F YOU ìNTEND 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 Í'ecordIng the
minutes of the meeting. who will Incorporate the form in the minutes. (Continued on other side)
CEFORM8B-EFF.1/2000 ~ <&~ = C\.~. i PAGE 1
APPOINTED OFFICERS (continued)
· A copy d the form must be provided Immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must comptete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the form in the. minutes. A copy of the form must be provided immediately to the other members of the
agency. and the fonn must be read publicly at the next meeting after the foon is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
.J O,J 12. U if} ~.s €),..J . hereby disclose that on ¡:£6~J f7rL'f
I
~ 20 O.,Ç:
I.
(8) A measure came or will come before my agency which (check one)
_ inured to my spedal private gain or toss;
_ Inured to the special gain or loss of my business associate.
~ Inured to the special gain or loss of my relative. LD rz£,J
inured to the special gain or loss of
whom I am retained; or
inured to the speciaf gain or toss of
is the parent organization or subsidiary of a principal ~ has retained me.
(b) The rneaswe before my agency and the nature of my conflicting interest in the measure is as follows:
Lfš. V}A1SDAJJ MV [)I'pùtsJr}rb'-
,
. by
. which
¡v1'1 D~ù("Nn..."(L, Lða...~ L£V,rJSÐ~
)5 A ?t'(2Cô4-5¿"<L o~ f),J~ ù"vJr-
~ ¿;EíLtJC A $ 1~t::ÝL P(Lf~'<-) plJ- L.
72-£~ CUEfÙC~
z.LJeç
..
DateFUed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SAlARY. REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000
PAGE 2
I . .
, -
FORM 88 MEMORANDUM OF VOTING CO~FLICT FOR _ " --
- -1;OUNTY, MUNICIPAL, AND OTHER LOCAL PUaLIC'-OFFICE,R$
.J. \IAME-FIRST NAME-MIOOLE NAME NAMè OF BOARD, COUNCiL. COMMISSlÓN, AUTHORITY, OR COMMITTEE'
;ostin, Robert Delrav Beach·Citv Commission /
-
.wuNG ADDRESS _ JtE BOARD. COUNCIl. COMMISSION, AUTHORITY OR COMMITTEE ON , ,
362 N.E. 5th Avenue : . ·-wHdiÚBWEIS'A.'uf.dtOF:, " , . "
:I1Y COUNTY \ &QTY .,' QcpuNTY '- a QTHER lOCAL AGfE.HC:(
Delray Beach, Florida Palm Beach NÅME OF POÙTICAL. SUBOMsION:
~TE ON WHIéH \KrÆ <5ccoARä> . , . ~,' 1 - . , City' of Delrav'Bea.ch _ 1
I . ~)' , :' '-2/ {/05 MY P.OSmON IS: , . '-.. -.
Ô{. é.Eçnve : a~
. - . ~ . . ~ ,..,' .
. .
'. WHOÎlUS1"iFlLE' r=ORM'8B;' '. .
this fann Is fOr use by any person serving at the county, diy, or other local lev'èI of'gòVemment on an ~ppointed-òr eleCtèd ooârd. council,
çommission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
cont....ct of interest under Section 112.3143, Florida S~tutes. .' ~'.' ,'.' ,'- :,.'
Your responsibilities under the law when faced with voting on a measure in which you have a conflict di~t~est will varY ~r~atly' d~~ng
on whether you hold an elective or appointive position. For this reason, pleaSe pay'Close aUentioo'to thè instructions'oo th)s'tori1; ti'èfore
completing the reverse side and filing the fonn.
- .
IN.STRUCTIONS FOR COMPLIANCE WITH SeCTION 112.3143, FLORIDA, STATUrfES
1--arson holding elective or appointive county, municipal, or· other' -local, pubfiC office MUST ABSTAtN from 'voting ·oo'·a mea~e which
i as to his or her special private gain or loss. £;a~ .el~ or. ~ppo~O~ local ~ffiœr also i~ ~bited from knowingly -votiOO on a ~a-
f t which Inures to the special gain or loSs' of a priOOPaf (other than á gavemmer1t agencyfby whom he or she" is retained (lOduding 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.
F.or purposes of this law, a -re1ative" 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
.8 not listed on any national or regional stock exchange).
.
.
.
.
.
*
*
.
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations desaibed above, you must discfose 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 votin9; 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 fonn In the minutes.
.
.
.
.
.
.
.
.
.
*
.
. "
.
.
ÀPPOINTED OFFICERS:
, , .
Although you must abstain from voting in the ,situations described above, you otherwise may participate in these matters. However, you
mus~~ose"the na~re of'~~ conflict bef()(~ making anY,attempt to.influet:'ce thø decision, whether' orally or in' writing and ,whÐthertnadEt.": ,
~or.a~:~ .ection. ".
fOO tNTe;o tO'MAKE ANY ATTeMPT TO INFLUENbÊ THE ÓECISldN·PRíÒR·tO THE MEETING'AT WHICH'Tf{E VOrE WI~ BÉ' "
TAKEN: - .': \"
· You must complete and file this fann (before making any attempt to influence the decision) with the person responsible for recording,the
minutes of the meeting, who win incorporate the lann in the minutes. (Continued on other side)
ce FORM 88 - EFF. 1/2000
ITEM 9A
PAGE 1
APPOINTED ÓFFicERS (Co~ti~e'd).:, " ~' _ '..' _ , :
, "'.. -..... .~ . ' ......; ~ I .. - - - ~ ~ "'-
· A copy ofthØ fÒnn mUst be ~ ~tafeiy tö the, ~~~bers of the-agencý.
· The form must be read pubf~. at. the next~tingafter ~ ~ is filed.
IF YOU MAKE NO ATTEMPT to ìNFLUENèË"THE'D~C'SION 'ExCEPT BY DISCUSSION AT THE MEETING:
You must'dfsclœ8-oralty the nature ofyoU~~.~ the. ~~bèfore participating~
~ ~ ..' ~. -.. - .',
· You must complete the form and fife It within 15 days after the vote occurs with the pérsoò resþòÖS¡ble fOr~mg ~-mì_pf5'
. -. - . .'. " , ' - ~ ,<\-' .
meeting. who must ~te the fann in th~ I1JÏnutes~ A'coþy'of the fann must be provided immediately to the' other ìneinbe,s'ôf the'
'agency. and the.foi1n must be'iead-pubIÌéIy åt-the next meeting after the fann is filed.
-:..; -
.'
" '
.c.
-1'
..~. - ..
DISCLOSUR~ Q~ .LQCA\.., OÆI,QER:$:.INTEREST
I.
R.obert Costin
. ..' I
.' O-hereby.~~ton.
)~~ebrua~y ~,
'. ao O? -.:.
:-... I" .[ '.-
(a) A meaSure came or will come before my agency whictÍ (chëck one)
-X inured to my special private gain or loss;
.' " ,\ . ' ...-' .: .
_. ' ku;tÏct to the sPecial gain,'OI' Iqss. of my ~siness.assoåate. .
inured to the special gain or loss of my relative.
inured to the special gain or loss of
whom lam retained; or
Inured io,_~ía1ì1"« téSS of: -- ;.,:~ ;~ ..., . ._~. ,~.- ,;' .. ":" ~,,~;. .' ': .-
is the:paniÍnt.organWiUonOf subsidiaty of a prir1qpal,~ ha$ retained me.
(b) "J'tKi tñeåsurè bëfòfe irty"~ ånd the ~túrè o~ my èoômdirig Infe~~$Ún thè ìneäs~re' is as folloWs:
\" "': 1 "
'. .'!( ," ~ . ~ J .'.~"-:; ,..t:~ ; . \ ..
. , -
- ,'....'
. .
.. ....-;~... ~
. .,
" -, ,]_.,,~ ~ ,,: 4:'-:' . ~,J.i'-': '~''':. 4,
.... I ~ .' ,- ~." ...;--./ I' :'; ......:-~~~~~; ~
~..¡., '. .}...... ", ~ ." ,.- . ~~:...- . " ~ ~
.
.by
-; ~ ..~..
';~ ;'. >: ~ ~~. : ;,: (. :.:which
, ."
- '.
".
Owner of property
. ~ .
--
,..
! .
. .
. -
- \.... ....
. -,,,. ".
. '..~:
':. .- ~- ...,
, '" . ~
..;- "'. . _-} 1. '; '~~~ :;'
~~ .....~ ~...::..,~~i~: ';:...:~ ~~ ~.~ ~-: - .?: ~
, ' .
- ',~ . ~. ~ ' .. .
~ ~ , .
.... ,
. . ,
>' ,
. -.. ~
It .... ,'~ .... ...
'>
."
'Id~ /!~"~"'::"^.:
...~ ':." ~ ..",....~.:,.!~ _~~;"').:. J'
2/1/05
Date Flied
. ~ .
;. J .~~ ~
'.__ ~ ,'~ ~. ~.¿.,,,¡...; .1~"\.\
NOTICE:':UNDER·PROVISIONS OF FLORIDA STATUTES §t12.317. ':A ,FAILURE -TO'MAKE-'ANY REQÙIREO'OrSCLOSURÉ';:' "
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: ÎMP~OAMENT~"
REMOVAl OR ~USPENSIQt>-J FROM OFFICE:QR EMPLOYMENT. DEMOTI.ON. REDUCTIQN IN SALARY;_RçPRIM~º. ßR·A-.-
CIVIL PENALTv'NOT TO eXCEEô'$10.000. . . , -..,. ,
ce FORM 88.. EFF.:1i2óoo -
PÃGE 2'
',.
. ,
=-. ;...&. "', -,-
.. ~'.
,~ ':
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
_-:OUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LJ NAME-FIRST NAME-MIODLE NAME
rerlman, Jeffre L.
MAIlING ADDRESS
Delra Lakes Drive
COUNTY
NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMUtTTEE
Delra Beach Cit Commission
l1-E BOARD. COUNCIl, COMMISSION. AUTHORITY OR COMMITTæ ON
WHICH I SERVE IS A UNIT OF:
XI CITY a COUNTY a OTHER LOCAL.Aß9C'f
NAME Of POUT1CAL SUBDIVISION:
City of Delray -Beach
DATE ON WHICH VOTE OCCURRED
2/1/05
MY POSITION IS:
II ElECTIVE
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 greatly depending
on whether you hold an elective or appointive- position. For this reason. please pay close attention to the instructions on this fann before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ÞØrsoo holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
res 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 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).
·
*
*
*
*
*
*
E~ECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
·
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
--- 1st disclose -the nature of the conflict before making any attempt to influènce the decision, whether orally or in writing and whether made
you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiltSE
TAKEN:
· You must complete and file this fann (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fann in the minutes. (Continued on other side)
ce FORM 88 - EFF. 1/2000
PAGE 1
T T14'M 0 f!
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and 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 fann must be provided immediately to the other members of the
agency. and the form must be read publidy at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I.
Jeffrey L. Perlman
. hereby disclose that on
February 1
.2rP~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate.
-X.. Inured to the 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.
Diana Colonna
, by
" which
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Diane Colonna, my wife, is Director of the Community Redevelopment Agèncy (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
2/1/05
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317.·A FAILURE TO MAKE ANY REQUIRED DISClOSURÈ
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMP~CHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRI~AND, OR A
CIVil PENALTY NOT TO EXCEED $10,000.
ce FORM 88 - EFF. 112000
PAGE 2