02-15-05 Minutes
FEBRUARY 15.2005
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, February 15, 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
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend William Stokes, S1. Paul's
Episcopal Church.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 9.N., Fundin2 ReQuest First
Ni2ht International Conference. to the Regular Agenda by addendum.
Mr. Costin moved to approve the Agenda as amended, 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.
5.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
February 1, 2005, 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.
Mr. Costin moved to approve the Minutes of the Special Meeting of
February 8, 2005, seconded by Mrs. Archer. 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. Reco2nizin2 Rotarv International- 100th Anniversarv
Mayor Perlman read and presented a proclamation recognizing February
23, 2005, as Rotary International Day. Betsy Owen, Assistant Governor (District 6930,
Area 2), Leo Phillips (Delray Beach - Noon), President Elect, and Fred Kadin, President,
(Delray Beach - Sunrise) came forward to accept the proclamation. Mayor Perlman also
welcomed and recognized the Rotarian Group Study Exchange (GSE) Team.
6.B. Reco2nizin2 Black Historv Month - Februarv 2005
Mayor Perlman read and presented a proclamation hereby proclaiming the
month of February, 2005 as Black History Month. Lula Butler, Director of Community
Improvement, came forward to accept the proclamation.
7.
PRESENTATIONS:
None.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROV ALII & D CORPORATION
OF SOUTH FLORIDA PLAT: Approve the minor subdivision I & D Corporation of
South Florida Plat, the property is bounded by N.W. 2nd Street and the CSX Railroad.
8.B. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $24,517.50 to Tommy Preston (805 S.W. 3rd
Street). Funding is available from 118-1963-554-49.19 (Community Development Block
Grant (CDBG) ProgramIHousing Rehabilitation).
8.C. RATIFICATION OF THE OLD SCHOOL SOUARE BOARD OF
DIRECTORS FOR 2005: Approve and ratify the proposed slate of Directors for the
Old School Square Board for 2005.
8.D. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE:
Approve a request for special event approval to allow the Easter Sunrise Service to be
held March 27,2005 from 5:30 a.m. until 7:30 a.m., including a temporary use permit per
LDR Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to
Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS
assistance on behalf of the Delray Beach Clergy Association.
8.E. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve
a special event request to allow the ih Annual Cinco De Mayo Fiesta to be held Saturday,
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May 7, 2005, from 11 :00 a.m. until 10:00 p.m. at Old School Square, granting a
temporary use permit per LDR Section 2.4.6(H) for the closure of the north end ofNE 1 st
Avenue, and authorize staff support for traffic control and security, trash removal,
barricade set up, signage and waiver of LDR Section 4.6.7 (F)(3)G)(ii) to allow the
installation of event signage no earlier than April 27, 2005; contingent upon sponsor
providing a hold harmless agreement, a certificate of liability insurance, and liquor
liability insurance with conditions for serving alcoholic beverages and site fencing.
8.F. AGREEMENT/PALM BEACH COUNTY/SOUTH COUNTY
COURTHOUSE GARAGE: Approve a License Agreement between the City and Palm
Beach County for the utilization of the South County Courthouse Garage on weekend
evemngs.
8.G. AGREEMENT/PARKING PROS: Approve an agreement with Parking
Pros to operate the South County Courthouse garage on weekends. Funding is available
from 001-3151-545-34.90 (General Fund/Other Contractual Services).
8.H. TURTLE MONITORING SERVICES/JOHN FLETEMEYER:
Approve the renewal of sea turtle monitoring services with Dr. John Fletemeyer in an
amount not to exceed $14,800.00 for 2005 and $16,300.00 for 2006. Funding is available
from 332-4164-572-34.90 (Beach Restoration Fund).
8.1. 2002 PALM BEACH COUNTY RECREA TION/CUL TURAL
FACILITIES BOND-INTRACOASTAL WATERWAY PARK INTERLOCAL
AGREEMENT: Approve an Interlocal Agreement with Palm Beach County that
provides reimbursement to the City in an amount not to exceed $1,000,000.00 for funding
of the development of the Intracoastal Park Project. The City must expend $1,152,240.00
before the County will provide reimbursement to the City from the 2002 Recreation and
Cultural Facilities Bond Issue.
8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 31, 2005 through February 11, 2005.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Overholt Construction Corporation in the
amount of $865,109.00 for the construction of the Delray Swim
and Tennis Center Clubhouse Project. Funding is available from
380-4150-572-62.60 (2004 G.O. BondlDelray Swim and Tennis)
and 117-4133-572-63.90 (Recreation Impact Fee/Other
Improvements) .
2. Purchase award to Special Products Group, Inc. in the amount of
$23,060.50 via the City of Boynton Beach Bid #062-1412-03/CJD
for the purchase of uniforms for the Fire Department. Funding is
available from 001-2311-522-52.22, 001-2313-522-52.22, 001-
2315-526-52.22, and 001-2317-522-52.22 (Uniforms/Linen).
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02/15/05
3. Purchase award to Atlantic & Southern Equipment, LLC in the
amount of $99,315.00 for the purchase of one (1) Single Axle
Chassis Boom Truck for the Water & Sewer Network Division.
Funding is available from 441-5161-536-64.25 (Water/Sewer
Fund/Heavy Equipment).
4. Contract award to Hardrives, Inc. in an amount not to exceed
$60,000.00 for the excavation, hauling, and disposal of excess lime
sludge from the sludge overflow lagoon at the Water Treatment
Plant. Funding is available from 442-5178-536-65.30
(Water/Sewer Fund/Lagoon Service Drive).
5. Contract award to The Hartford for Life Insurance and CIGNA
(LTD) for Long Term Disability Insurance to be effective March 1,
2005.
8.L. APPROVAL OF POLL WORKERS FOR THE FIRST
NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan
Election to be held on March 8,2005.
8.M. SUBORDINA TION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $17,250.00 to allow the applicant to secure
new financing.
Mr. Costin moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/FIRST AVENUE TOWNHOMES:
Consider a request for conditional use approval to allow the density to exceed 30 units
per acre (38.8 dwelling units per acre proposed) and a building height in excess of 48'
(58' 4" proposed) within the CBD (Central Business District) for First Avenue
Townhomes, a proposed residential development consisting of 46 townhomes and
condominiums, located on the east side of S.E. 1 st Avenue, approximately 76.5' south of
S.E. 1st Street. (Quasi-Judicial Hearing)
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. Mr. Levinson stated he had a conversation with Mr. Weiner. Ms.
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McCarthy stated she too had a conversation with Mr. Weiner. Mayor Perlman stated he
had a meeting with Mr. Weiner and the applicant. Mr. Costin stated he had a meeting
with Mr. Weiner. Mrs. Archer stated she had a meeting with Mr. Weiner.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-041 into the record.
Mr. Dorling stated the development proposal consists of the demolition of
four existing single-family residences; the construction of two (2) three-story townhouse
structures along S.E. 1 st Avenue consisting of 16 townhomes with rear loaded two-car
garages; construction of a five-story condominium building along the alley abutting the
east side of the property containing 30 condominiums. The first level of the
condominium building will consist of a 57 space parking garage with loading area, refuse
area, and entrance lobby for the condominium building. Conditional use approval has
been requested to allow a density in excess of 30 units per acre (38.8 du/ac is proposed)
and to allow for a building height for a portion of the east condominium building of up to
60' (58' - 4" is proposed).
At its meeting of January 13, 2005, the Community Redevelopment
Agency (CRA) reviewed the development proposal and recommended approval of the
conditional use requests. At its meeting of January 10, 2005, the Downtown
Development Authority (DDA) reviewed the development proposal and recommended
approval of the conditional use requests. At its meeting of January 24, 2005, the
Planning and Zoning Board held a public hearing and there was significant discussion
about the appropriateness of approving two conditional uses on the property. After their
deliberations, the Board moved a recommendation of approval for the conditional use
request to allow for a building height of 58' - 4" on a vote of 4-0 (Pike stepped down,
Kincaide absent) and the Board also moved a recommendation of approval for the
conditional use request to allow for a density of 38.8 du/ac; however, the motion failed
on a vote of2-2 (Borchardt and Walker dissenting, Pike stepped down, Kincaide absent).
Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray
Beach, representing 169 Delray, LLC (applicant), gave a brief presentation regarding this
project. Mr. Mankoff stated the performance standards have been met and staff makes a
positive finding with each conditional use.
Francisco Perez-Azua, Architect, showed details of the project and
explained how the applicant meets the performance standards for additional density and
requirements for additional height. He stated they designed a 3-story product in order to
show respect of the OS SHAD District.
Mr. Mankoff stated the applicant agrees with all the conditions of approval
and requests the approval for the height and the density.
Mayor Perlman stated if anyone would like to speak III favor or III
opposition of the conditional use request, to come forward at this time.
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02/15/05
Brian Luce, 124 S.E. 2nd Avenue, Delray Beach, (tenant) stated he is the
business owner right next door and commented that 100% of his business uses the alley.
Mr. Dorling made clarification to Condition #8 and stated this should read
as follows; "That light poles and fixtures consistent with those along West Atlantic
Avenue are installed adjacent to the subject property along SE 1st Avenue where they do
not presently exist and/or to replace inconsistent light poles and fixtures;"
Mr. Mankoff stated they have no problem with this and widening the alley
is one of the conditions of approval. In addition, he distributed two letters of support for
this project.
Mayor Perlman stated at the Workshop meeting the Commission briefly
discussed that they are not going to permit street closures for construction.
Brief discussion followed between staff and the Commission.
Mr. Costin moved to approve the conditional use request to allow for a
building height in excess of 48' (58'-4") for First Avenue Townhomes, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations,
subject to the conditions listed on page 16 & 17 as modified by Mr. Dorling (as
referenced above regarding Condition #8), seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to approve the conditional use request to allow for a
density in excess of 30 units per acre (38.8 du/ac) for First Avenue Townhomes, by
adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria
set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the LDR's, subject to the
conditions listed on page 16 & 17 as modified by Mr. Dorling (as referenced above
regarding Condition #8), seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.B. WAIVER REQUEST/CONGRESS PARK OFFICE
CONDOMINIUM: Consider a waiver request to waive Land Development Regulations
(LDR) Section 4.4. 15(F)(3), "Development Standards", to allow that the architecture of
the proposed building not be integrated with the architecture of the other buildings in the
office park for Congress Park Office Condominium, located on the west side of South
Congress Avenue, approximately 1,000 feet south of West Atlantic Avenue. (Quasi-
Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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02/15/05
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Project file #2005-039 into the record.
Mr. Dorling stated on January 12, 2005, the Site Plan Review and
Appearance Board (SPRAB) approved a Class V site plan, landscape plan, and
architectural elevations associated with the construction of a 2-story 20,385 square foot
professional office building to be known as Congress Park Office Condominium.
Mr. Dorling stated pursuant to LDR Section 4.4. 15(F)(3), any free
standing structure shall have a minimum floor area of 4,000 square feet and shall be
architecturally integrated with other structures within the overall Planned Office Center;
and shall have direct access to and from other portions of the POCo The proposed
architectural elevations are not architecturally integrated with other existing structures in
the office park. The applicant has requested that a waiver be granted to LDR Section
4.4. 15(F)(3). The proposed office building is a stand alone structure and is fronting
Congress Avenue. Because the building is located on an out-parcel at the isolated
northeast corner of the office park and is not separated from Congress Avenue by a
parking lot the proposed structure is more a part of Congress Avenue streetscape.
The Site Plan Review and Appearance Board (SPRAB) considered the
requested waiver and concluded that the proposed office building should be considered a
stand alone structure not to be architecturally integrated with other existing structures in
the office park. The Board also concluded that given the conditions under which this
waiver was being requested, it was reasonable to believe that the waiver would be
granted elsewhere under similar circumstances. Consequently, a positive finding with
respect to LDR Section 2.4.7(B)(5) can be made. Staff also recommends approval.
Juan Riesco, 500 S.E. 15th Street, #118, Fort Lauderdale, FL 33316
(architect), stated he is present this evening to answer any questions the Commission may
have.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to come forward at this time.
Ms. McCarthy moved to approve the waiver request to waive LDR
Section 4.4.15(F)(3) that the proposed free standing office building shall not be
architecturally integrated with other existing structures in the office park, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.7(B)(5) of the LDR's, 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.
9.C. CONDITIONAL USE EXTENSION REQUEST/SAFE AND
SECURE: Consider an extension request of the conditional use approval to allow the
establishment of a self storage facility and a wholesale storage facility for Safe and
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Secure, located on the west side of North Federal Highway, approximately 890 feet south
of Gulfstream Boulevard (2512 North Federal Highway). (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 #2003-129 and #2003-301 into the record.
Mr. Dorling stated on April 15, 2003, the City Commission approved an
amendment to the LDR's to add "Self Service Storage Facilities" as a conditional use in
the GC (General Commercial - North Federal Highway Overlay District) along with
specific development requirements. At its meeting of September 9, 2003, the City
Commission unanimously approved the conditional use to establish a self-service storage
facility and a wholesale storage facility which was to be a 4-story 140,324 square foot
structure that will contain 127,129 square foot self service storage facility, 926 square
feet of attendant self service storage office space, 5,810 square feet of retail floor, 5,459
square feet of warehouse/storage area, and 1,000 square feet of attendant warehouse
office area.
At its meeting of December 17, 2003, the Site Plan Review and
Appearance Board (SPRAB) approved the Class V site plan application for the proposed
development. The site plan approval is set to expire on June 17, 2005. The conditional
use approval is set to expire on March 9, 2005 and an 18-month extension is now
requested. Pursuant to LDR Section 2.4.4(F)(I), extensions may be granted to a
previously approved development application, pursuant to the following conditions listed
on page 2 of the Planning and Zoning staff report.
Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray
Beach (representing the applicant), stated they agree with staff and one of the key reasons
they were slowed down was due to both hurricanes in September 2004. He stated the site
plan will be revisited in March 2005.
Mayor Perlman stated if anyone from the public would like to speak in
favor or is opposition of the conditional use extension request, to come forward at this
time.
Mrs. Archer moved to approve the request for an extension of the
conditional use approval for a self storage facility and a warehouse/storage facility for
Safe and Secure, by adopting the findings of fact and law contained in the attached staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.4(F), and Chapter 3 and
Section 2.4.5(E)(5) of the LDR's with said approval to be valid for an additional 18
months (expiring September 9, 2006), seconded by Ms. McCarthy. Upon roll call the
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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.D. APPEAL OF PLANNING AND ZONING DIRECTOR'S
INTERPRETATION/RENAISSANCE INSTITUTE: Consider an appeal of the
Planning and Zoning Director's interpretation regarding acceptance of the Renaissance
Institute's Conditional Use application. (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. Mr. Levinson stated he had a conversation with Mr. Weiner. Ms.
McCarthy, Mayor Perlman, Mr. Costin, and Mrs. Archer had no ex parte communications
to disclose.
The City Attorney outlined a few sections of the City Code for the
Commission to consider. She stated she agrees this item is listed correctly on the Agenda
as an Appeal regarding the Planning Director's acceptance of the project. She reiterated
that this should not be an appeal of the Planning and Zoning Director's interpretation of a
particular section of the Code because Section 4.3.3 for special uses such as this the
interpretations should first be presented to the Chief Building Official. The City Attorney
continued to discuss the interpretation of the sections and the conditions of the Code. She
stated she feels it is appropriate for the Planning and Zoning Director to require a sketch
plan so that he can make a determination to evaluate the development proposal.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-329 into the record.
Paul Dorling, Director of Planning and Zoning, stated this conditional use
application was initially submitted on July 2, 2004. The application was severely
deficient with respect to the basic information and was not accepted for processing (letter
of July 9, 2004). Five months later on December 1, 2004 the application was
resubmitted. An application sufficiency review was again conducted and the application
was found to be lacking key information necessary for the analysis of the request,
deemed incomplete and not accepted for processing. The application lacked specific
information germane to the conditional use including basic information with respect to
sealed surveys and copies of warranty deeds. Mr. Dorling stated it also did not contain a
sketch plan which showed the resolution of common open space nor what if anything was
going to happen to the kitchens. Staff recommends denial of the appeal and request that
the applicant submits all of the information including the basic information and the
sketch plan information so that staff can take a proper look at this application.
Jason Mankoff, Weiner & Aronson, P.A. 102 N. Swinton Avenue, Delray
Beach (representing the applicant), stated they reserve all rights and the applicant will
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submit the application leaving the kitchens as they are and everything else will be
submitted as requested in the letter.
The City Attorney stated Mr. Weiner cannot reserve the rights to appeal in
this instance because the appeal is not "ripe".
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of the appeal, to come forward at this time.
Mr. Levinson moved to approve the appeal, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman-
No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No. Said motion was DENIED
with a 5 to 0 vote.
At this point, the time being 7:14 p.m., the Commission moved to the
duly advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 7-05 (SECOND READING/SECOND 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. Prior to consideration of passage of Ordinance NO.7-OS on Second
and FINAL Reading, 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 NEIGHBORHOOD REDEVELOPMENT PLAN
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. )
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02/15/05
Mr. Levinson stepped down from the dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this LDR
amendment is to modify the development standards for the RM (Medium Density
Residential) zoning district in conjunction with the implementation of the Southwest
Area Neighborhood Redevelopment Plan. In order to realistically accommodate the
densities of up to 24 units to the acre, some of the development standards in the RM
District need to be modified. The proposed amendment reduces the current setback
requirements: (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'; (3) reduces the rear setback from 25' to 10'.
At their meeting of January 24,2005, the Planning and Zoning Board held
a public hearing regarding this item and the Board voted 5-0 vote (Kincaide absent) to
recommend approval of the proposed amendment as proposed by adopting the findings of
fact and law contained in the staff report.
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.
Mr. Costin moved to adopt Ordinance No.7-OS, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0
vote.
10.B. ORDINANCE NO. 6-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR) 4.5.5
"Low Density Residential (RL) District", enacting performance standards and providing
for recreational areas for multi-family developments to mitigate the impacts of additional
density from a base density of three (3) units per acre to a maximum of six (6) units per
acre and changing review of site plans from the Planning and Zoning Board to the Site
Plan Review and Appearance Board or the Historic Preservation Board. If passed, a
second public hearing will be scheduled for March 1, 2005. Prior to consideration of
passage of Ordinance NO.6-OS on First Reading/First Public Hearing, a public hearing
has been scheduled to be held at this time.
The caption of Ordinance NO.6-OS is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
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02/15/05
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.5, "LOW DENSITY
RESIDENTIAL (RL) DISTRICT", SUBSECTION
4.4.5(A), "PURPOSE AND INTENT", TO CLARIFY THE
APPLICABLE COMPREHENSIVE PLAN SECTION;
AMENDING SUBSECTION 4.4. 5 (H), "SPECIAL
REGULATIONS", PROVIDING A MEANS TO
INCREASE DENSITY IN THE RL DISTRICT AND TO
PROVIDE FOR RECREATIONAL AREAS FOR MULTI-
F AMIL Y DEVELOPMENTS; ENACTING
SUBSECTION 4.4.5(1), "PERFORMANCE
STANDARDS", TO MITIGATE THE IMPACTS OF
ADDITIONAL DENSITY BOTH INTERNAL AND
EXTERNAL TO THE SITE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance NO.6-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 amends the RL
(Low Density Residential) zoning district to provide for a range in densities from a
minimum of three (3) units per acre to a maximum of six (6) units per acre. The
proposed amendment would create a set of 7 performance standards that must be met in
order to increase density beyond the minimum, which is intended to lessen the impact of
the additional density. In addition, the standard for recreational amenities has been
amended to require that facilities be provided for children of all ages. 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.
At its meeting of January 24, 2005, the Planning and Zoning Board held a
public hearing regarding this item and the Board voted 5-0 (Kincaide absent), to
recommend approval of the proposed amendment. At its meeting of January 27, 2005,
the Community Redevelopment Agency (CRA) Board reviewed and recommended
approval of the proposed text amendment. At its meeting of February 2, 2005, the
Historic Preservation Board (HPB) reviewed and recommended approval of the proposed
text amendment.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No.6-OS,
the public hearing was closed.
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02/15/05
Mr. Costin moved to approve Ordinance NO.6-OS on First Reading/First
Public Hearing, seconded by Ms. McCarty. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 8-05: An ordinance 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. 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.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. 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.8-OS,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance NO.8-OS on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 4 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.
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02/15/05
II.A.
City Mana2er's response to prior public comments and inauiries.
With regard to concerns expressed by Mr. Gray about issues in the Delray
Shores area, the City Manager stated the District Commander for the Police Department
contacted him on Thursday, February 3rd and has had further conversations with him.
The Police Department has contacted the new property owner of the plaza and explained
in detail the problems providing copies of consuming and trespassing laws and received
his commitment to work with staff on these problems. The Code Enforcement staff was
brought in and the owner will be replacing sidewalks and cleaning up the property. Two
abandoned vehicles were towed off the property and the new owner sent through his
attorney a letter to all lessees explaining his expectations. Mr. Gray has been contacted
on several additional occasions and has indicated he is pleased with the City's efforts.
During the daytime, Officer Horrell is the lead Officer and in the evenings Officer
Silverman is the lead Officer. The Police Department is doing extra patrols in the area
and any observed violations are being immediately dealt with. The City Manager stated
the least cooperative in this effort has been the convenience store and staff is applying
appropriate pressure to gain his compliance.
11.B.
From the Public.
None.
At this point, the Commission moved back to Item 9.E. of the Regular
Agenda.
9.E. R.A.C.E. RELATIONS REPORT: Consider approval of the final report
representing Phase 1 and some of Phase 2 of the RAC.E. Initiative as presented by
consultant, Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor.
Sam E. Mathis, Jr., gave a brief presentation regarding the final report
representing Phase 1 and some of Phase 2 of the RAC.E. Initiative. Mr. Mathis
discussed community unity, maintaining a proactive approach, and protecting valuable
assets and maintain the outstanding reputation as an "All America City". He briefly
reviewed the various dimensions of diversity including race, national origin, age,
religion, disability, etc. and the historic significance regarding race. Mr. Mathis stated he
personally conducted one-on-one interviews with over thirty stakeholders in the
community. In addition, Mr. Mathis stated he conducted two Town Hall meetings and
presented a very productive effort to embrace community input. He stated with the
support of staff they had great publicity around the planning of the meetings. He stated
what has been pulled together is fuel and a foundation for the heavy lifting at this point.
He explained the report has basically three parts; the first part being the introduction
(includes background, scope of work and methodology); the second portion of the report
includes the demographic and stakeholder assessment; and the last part of the report is the
concluding recommendations.
Mr. Levinson stated the report is great and feels the most critical piece is
on the last page where it reads: "Implementation of a Strategic Plan Approach to allow
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02/15/05
and encourage participation".
Mr. Costin concurred with comments expressed by Mr. Levinson and feels
this is a great exercise.
Mrs. Archer stated she is very impressed with the report and is anxious to
move forward.
Ms. McCarthy stated this is a wonderful testament to a multitude of people
who have been here before us and who are among us today. Secondly, she stated the
report is a powerful instrument and the data that has been collected is a tool to be used
because the education needs to be funneled to people who live here.
Mayor Perlman stated he is very proud of the report and stated this is the
first step to a long journey. He stated the next most important step is to formulate a
vision of where we want to see this go and feels this needs to be defined. Mayor Perlman
stated the most important thing is dialogue and a safe place in which to talk about all of
these issues without fear. He feels this will help find the commonalities which will break
down a lot of the barriers and find where the real progress is if we can get the issues out
on the table. He stated he feels it all starts with honest conversation and a commitment to
this. Furthermore, he emphasized how important the vision is and commented the
guiding philosophy in Delray has been not being reactive to particular problems that
come along. He would like to see a staff analysis of the report in order to see what they
feel about the recommendations and the conclusions.
Mr. Levinson concurs with comments expressed by Mayor Perlman and
encouraged him to participate with this discussion because it is such a significant issue.
It was the consensus of the Commission that staff and Mayor Perlman be
included in the analysis of the report.
Mr. Levinson moved to approve staff s recommendation with the
inclusion of staff and Mayor Perlman, 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.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/JEG ASSOCIATES. INC.: Consider approval of an Interlocal Agreement
with the Community Redevelopment Agency (CRA) and JEG Associates, Inc. in the
amount of $70,000.00 for services associated with the implementation of the Southwest
Area Neighborhood Plan. The CRA will fund $40,000.00 with the remaining balance
funded from year two of the MacArthur Grant.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and left the dais.
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02/15/05
Lula Butler, Director of Community Improvement, stated this is an
Interlocal Agreement between the City of Delray Beach and the Community
Redevelopment Agency (CRA) for the services with Joe Gray of JEG Associates for the
period of March 1, 2005 through February 2006. The agreement governs services
associated with the implementation of projects associated with the Southwest Area
Neighborhood Plan. The total cost is $70,000 with the CRA to fund $40,000 with the
remaining balance being funded from year two of the MacArthur Grant.
Mr. Levinson moved to approve the Interlocal Agreement between the
City and the CRA and JEG Associates, Inc. in support of the Southwest Area
Neighborhood Redevelopment Plan, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.G. I-NET AGREEMENT/ADELPHIA CABLE COMMUNICATIONS:
Consider approval of an agreement with Adelphia Cable Communications to provide
fiber optic service to City facilities.
The City Attorney stated there is an ordinance on the Agenda this
evening for a first reading which is changes to the cable ordinance. She stated additional
language has been agreed to; however, is not yet before the Commission because this was
decided late today.
At this point, Mayor Perlman returned to the dais.
Joseph Safford, Finance Director, stated the I-NET Agreement is the
agreement between the City and Adelphia Cable whereas Adelphia is going to provide
fiber optic hardware connections to remote City sites that are not currently connected
with fiber. He stated the most efficient way is to have the site on the City's network and
backup from a central location. He stated backup is a very important issue when it comes
to the reason that we want to hardwire connect all City sites. If these areas are not
connected to the City's system, staff would have to manually go out to the locations and
update each piece of equipment. Mr. Safford stated another big element of completing
this network of fiber optics to all locations is system security. Currently, the City
experiences some problems with the both the DSL connections and the wireless
connections. Mr. Safford stated the best system would be an underground fiber optic
network to all the City sites which would give the City unlimited capability in the future.
However, he stated this is very cost prohibitive and is not cost effective. Mr. Safford
stated staff recommends leasing the fiber optic network at the costs that have been
provided by Adelphia.
Mr. Levinson stated he disagrees with staff regarding the bandwidth. He
stated the I-NET Agreement needs to be concurrent with the franchise agreement and the
final reading of the cable ordinance. He suggested that the Commission table this
agreement.
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02/15/05
The City Attorney stated this agreement cannot be intertwined with the
franchise agreement. She stated most of the issues that were raised have been worked out
and she briefly discussed some clarifications.
Mr. Levinson stated this is not a mission-critical network; this is a
commercial network. He stated even though it is dedicated piece of fiber it runs along
the poles and fibers that everybody else has. He expressed concern that the most critical
time that this will be needed is when the highest percentage of likelihood that it will be
out.
Mayor Perlman stated the technology changes so rapidly and what seems
to be substantial today becomes irrelevant tomorrow. He asked if there is a remedy in
place for this. The City Attorney stated staff cannot make any changes to the liability
schedule. If the City would like to get out of this agreement up to the third year the City
would have to pay 100% of the reoccurring costs and it decreases by 10% each year.
Kathy Hutton, Adelphia, stated in this agreement Adelphia is providing
DIM fiber to the City and the City will provide the electronics. She stated if the City
would prefer a five-year agreement the pricing would change.
Mayor Perlman referenced the consultants' report and stated the
recommendation is that long-term the City should be in ownership of the network which
would be very costly at this time; however, this may be something the City can work
towards over a 5 or 10 year period if there is enough time to plan and make this a policy
decision going forward.
Brief discussion followed by the Commission.
Mr. Levinson stated he would like to know why the City is different than
others around the country and would like to evaluate if the City is better off. He
expressed concern that the speed will increase and we will need more bandwidth and
would be much more comfortable with it being locked in for a five year period at a
gigabit than a ten year period for a gigabit. He feels the City will be much better off in
five years from now to re-negotiate what the state of the system is and what the
technology is going to be.
A representative from Adelphia stated if the number of sites is dropped,
then the price could change.
Mr. Levinson stated this will encumber the City for $600,000.00 and he
feels this is an important issue and everyone should feel comfortable with it.
Mr. Costin stated it would be wise to wait and get all the answers.
Mayor Perlman stated the five year pricing is intriguing to him.
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02/15/05
The City Attorney stated that this can be brought back to the Commission
for a second reading of cable franchise ordinance with the option as suggested by Mayor
Perlman.
The City Manager suggested that staff go through site by site and explain
why the City should have that capacity for that particular site.
Mr. Costin stated another factor is that sites are eliminated, one has to
factor in what the additional costs would be to the City to drop those sites and it mayor
may not be cost effective.
Mayor Perlman inquired about how the software upgrades are currently
performed. Guy Buzzelli, M.I.S. Manager, stated currently at the remote sites the
upgrades are done on each individual PC. Mr. Buzzelli stated currently the City's fiber is
at 1 GIG.
Mr. Levinson stated he would like to know how many PC's are located at
the remote sites and how many PC's are located at the sites that are on the loop.
After brief discussion between staff and the Commission, the City
Attorney stated this agreement will be brought back at a later date.
9.H. SERVICE AUTHORIZATION NO. 1.1/KIMLEY-HORN AND
ASSOCIATES. INC./MIKE MACHEK BOY SCOUT PARK: Consider approval of
Service Authorization No. 1.1 to Kimley-Horn and Associates, Inc. in the amount of
$44,500.00 for consulting services for the Mike Machek Boy Scout Park Project.
Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Park).
Richard Hasko, Director of Environmental Services, stated the service
authorization is for $44,500.00 and the architectural scope has been removed. Mr. Hasko
stated José Aguila (Currie, Sowards, Aguila Architects) has agreed to allow the City to
reuse the restroom facility plans that he is currently designing for Lake Ida Park as well
as the Intracoastal (F.I.N.D.) Park. Mr. Hasko stated there will be some supplemental
costs and staff substituted those costs in the service authorization for Kimley-Horn for
some basic electrical consulting which will bring the percentage of the total contract
down (approximately 12 percent).
Mr. Levinson inquired whether or not Kimley- Horn will be responsible for
construction administration. Mr. Hasko stated Kimley-Horn will not be responsible for
construction administration.
Mr. Costin moved to approve Service Authorization No. 1.1 to Kimley-
Horn and Associates, Inc. in the amount of $44,500.00 for consulting services for the
Mike Machek Boy Scout Park Project, 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.
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02/15/05
9.1. CONSULTING AGREEMENT/ALEKSANDER GROUP. INC. AND
TPC: Consider approval of a consulting agreement with Aleksander Group, Inc. and
TPC for additional lobbying services to assist the City with State grants.
Mayor Perlman stated he presented this item to the City Manager because
he feels we need some significant help in Tallahassee particularly in relation to the Old
School Square Project & Downtown Park and the garage. Mayor Perlman stated
Aleksander Group, Inc. and TPC have been highly recommended by the Legislative
Delegation.
Mr. Levinson suggested that staff take out the 90 day provision so that it
will not renew automatically but instead will be the City's option.
Mayor Perlman concurred with comments expressed by Mr. Levinson
regarding the amendment to the agreement.
Mr. Costin moved to approve the consulting agreement with Aleksander
Group, Inc. and TPC for additional lobbying services as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
9.J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term
ending January 14, 2007. Based upon the rotation system, the appointment will be made
by Commissioner Levinson (Seat #3).
Mr. Levinson stated he would like to defer his appointment to the March
1,2005 City Commission meeting.
9.K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board for an unexpired term ending July 31, 2005.
Based upon the rotation system, the appointment will be made by Commissioner Archer
(Seat #2).
Mrs. Archer moved to appoint Linda Leib to the Education Board for an
unexpired term ending July 31, 2005, 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.
9.L. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD:
Appoint two (2) regular members to the Nuisance Abatement Board for unexpired terms
ending March 31, 2005 and March 31, 2006. Based upon the rotation system, the
appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat
#1).
Mayor Perlman stated he wished to appoint Eileen Marks as a regular
member to the Nuisance Abatement Board for an unexpired term ending March 31,2005.
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02/15/05
Mrs. Archer so moved, 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.
Mr. Costin moved to appoint Greta Britt as a regular member to the
Nuisance Abatement Board for an unexpired term ending March 31, 2006, 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.M. COMMUNITY LAND TRUST (CL T) STEERING COMMITTEE:
Consider approval of the Community Land Trust (CLT) Steering Committee as
recommended by the Community Redevelopment Agency (CRA) and appoint the
Commission representative.
Mayor Perlman declared a conflict of interest and passed the gavel to
Vice Mayor McCarthy and left the dais.
Mr. Levinson moved to approve the Community Land Trust (CLT)
Steering Committee as recommended by the Community Redevelopment Agency (CRA)
Board, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Vice
Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
Mr. Costin moved to approve to appoint Commissioner Jon Levinson to
serve as Commission liaison, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice
Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.N. FUNDING REQUEST/FIRST NIGHT INTERNATIONAL
CONFERENCE (ADDENDUM): Consider a funding request for the First Night
International Conference in an amount not to exceed $5,000.00 from the City and
authorization to request funding from the Downtown Development Authority (DDA) and
the Community Redevelopment Agency (CRA).
Robert A Barcinski, Assistant City Manager, stated this item is a request
for the Commission to consider funding in an amount not to exceed $5,000.00 as part of
our commitment to host the First Night International Conference on April 9-13, 2005 and
authorize staff to request funding from the Downtown Development Authority (DDA)
and the Community Redevelopment Agency (CRA).
Mr. Costin moved to approve the funding request of up to $5,000.00 from
the City with $2,500.00 to come from the City Commission Event Contingency Account
and $12,500.00 to come from the First Night Account Fund; and, authorize staff to
request funding of up to $5,000.00 from the CRA and $2,500.00 from the DDA,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin-
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02/15/05
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 5-05: City initiated amendment to Land
Development Regulations (LDR) Section 6.3.3, "Sidewalk Café", to strengthen
requirements to mitigate issues and concerns identified in the Clean and Safe Committee
studies of the downtown area. If passed, a public hearing will be scheduled for March 1,
2005.
The caption of Ordinance NO.5-OS is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ARTICLE 6.3, "USE AND WORK IN THE
PUBLIC RIGHT-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING
SECTION 6.3.3, "SIDEWALK CAFÉ", TO PROVIDE
FOR A PERMIT WITH AN APPLICATION FEE AND A
FEE PER SQUARE FOOT AGE OF SIDEWALK CAFÉ
SP ACE, RENEWALS, APPLICABLILITY, REQUIRED
INFORMATION, PROCESSING, GEOGRAPHIC
LIMITATION, REGULATIONS REGARDING USE,
DESIGN AND MAINTENANCE, LIABILITY AND
INSURANCE; PENALTIES; DENIAL, REVOCATION
AND SUSPENSION OF PERMIT, JURISDICTION OF
CODE ENFORCEMENT BOARD, AND APPEALS,
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance NO.5-OS is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Levinson read a statement into the record from Bob Sparvero.
Prior to the vote, Mr. Costin asked how staff monitors the insurance
coverage's. The City Attorney stated it is submitted annually and goes through a process
of review from Risk Management to the City Attorney.
Mrs. Archer moved to approve Ordinance NO.5-OS on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson -Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
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02/15/05
Costin - Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 10-05: An ordinance repealing Chapter 93, "The
City of Delray Beach Cable Television Ordinance", in its entirety and replacing it with a
new and updated Chapter 93 to allow the ordinance to appropriately mesh with the
proposed franchise agreement with Adelphia. If passed, a public hearing will be
scheduled for March 1, 2005.
The caption of Ordinance No. 10-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING AND REPLACING CHAPTER 93 TO BE
REFERRED TO AS "THE CITY OF DELRA Y BEACH
CABLE TELEVISION ORDINANCE"; REPEALING
ORDINANCE NO. 18-03 IN ITS ENTIRETY;
PROVIDING A CODIFICATION CLAUSE; PROVIDING
FOR AUTHORITY FOR CABLE TELEVISION
SYSTEMS TO OPERATE, CONSTRUCT AND
MAINTAIN A CABLE TELEVISION SYSTEM IN THE
RIGHTS-OF-WAY OF THE CITY OF DELRAY BEACH,
FLORIDA; PROVIDING PROCEDURES,
REQUIREMENTS, AND FEES RELATING TO CABLE
TELEVISION TO REFLECT CHANGES IN
APPLICABLE LAW TO BETTER ENSURE THAT USE
OF CITY STREETS BY CABLE SYSTEMS SERVES
THE PUBLIC INTEREST; PROVIDING FOR
CUSTOMER SERVICE REQUIREMENTS;
PROVIDING A CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(The official copy of Ordinance No. 10-05 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Ila Feld, Attorney with Leibowitz, will be back in two weeks with the
actual franchise agreement which will be presented to Adelphia. She stated this is a very
comprehensive ordinance and it has been updated to reflect changes in Federal and State
law and provides the minimum requirements. Ms. Feld recommended that this ordinance
be adopted on second reading and then the Commission can consider the franchise
agreement which would be the renewal of the Adelphia contract.
Mr. Levinson stated there were no draft dates on the ordinance and asked
the City Attorney if she can ensure these dates are put in.
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02/15/05
Mr. Levinson moved to approve Ordinance No. 10-05 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. 9-05: An ordinance amending Chapter 36 "Finance;
City Property Transactions", Section 36.05, "Bidding Procedures", amending Section
36.11 "Definitions", to provide that the City may use a Construction Manager At Risk
Contract on construction projects. If passed, a public hearing will be scheduled for
March 1, 2005.
The caption of Ordinance NO.9-OS is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 36, "FINANCE; CITY
PROPERTY TRANSACTIONS", SECTION 36.05,
"BIDDING PROCEDURES", CLARIFYING THE USE
OF CONSTRUCTION MANAGEMENT AT RISK
CONTRACTS; AMENDING SECTION 36.11
"DEFINITIONS", PROVIDING FOR THE DEFINITION
OF CONSTRUCTION MANAGEMENT AT RISK
CONTRACTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance NO.9-OS is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
The City Attorney stated staff is developing internal rules for the use.
Mrs. Archer moved to approve Ordinance NO.9-OS on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Mana2er
The City Manager stated last Thursday and Friday he and the Assistant
City Manager attended the Florida City and County Management Foundation (FCCMF)
Winter Institute. The City Manager stated in the course of the two days one of the things
they reviewed was "organizational change". The City Manager stated change needs to be
values and vision based which echoes what the Commission discussed earlier in the
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02/15/05
meeting regarding RAC.E. Relations. He suggested developing a vision about where
the City wants to be in terms of relationships between races and ethnic groups in the City.
Secondly, the City Manager stated ICMA works with the US Agency for
International Development and they have asked both he and the Mayor to attend next
week. They are having a panel on Economic Development as it relates to disaster
recovery and requested that the City Manager serve on the panel.
13.B.
City Attorney
The City Attorney thanked everyone involved who worked on the cable
franchise agreement.
13.C.
City Commission
13.C.1.
Mrs. Archer
Mrs. Archer stated she would like to make the Commission aware of the
fact that the Metropolitan Planning Organization (MPO) minutes have comments with
regard to the bus service and there was an indication that Commissioner Karen Marcus is
going to bring up this issue at a meeting. Mrs. Archer passed this information to the City
Manager for the record.
Mrs. Archer stated she will not be able to attend the Metropolitan Planning
Organizational (MPO) meeting this Thursday morning. Therefore, she stated either the
Planning Director or the Assistant Planning Director will attend.
Lastly, Mrs. Archer stated she will not be able to attend the Lake Ida
Homeowners Association meeting.
13.C.2.
Mr. Costin
Mr. Costin had no comments or inquiries on non-agenda items.
13.C.3.
Ms. McCarthy
Ms. McCarthy expressed her apprecIatIOn and thanks to the outside
Attorneys, City Attorney, Assistant City Attorney, and Joe Safford for their assistance
with the reports.
13.CA.
Mr. Levinson
Mr. Levinson stated he had the opportunity to talk to Nancy Klein who
runs Habitat for Humanity in the north end of the County and the south end of the Martin
County. She is trying to get a workforce housing ordinance and heard that Delray was
doing something so he emailedhertheordinance.Mr. Levinson stated the City of Fort
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02/15/05
Lauderdale had a presentation regarding the workforce housing ordinance and stated
Martin County is now looking into this ordinance for their area.
Secondly, he stated he had the opportunity to attend the Roots Classical
Series on Saturday evening and noted that Commissioner McCarthy was the emcee for
the evening. Gerald Williams who is the Chief Administration for the School Board for
Art Johnson sang beautifully as did Ms. Williams (wife of Police Chief in Riviera
Beach). Mr. Levinson stated for an amateur event it was professional quality and well
attended.
He commented about finalizing Lyle Sumek's efforts and asked what the
status is on what staff is proposing. The City Manager stated usually he gets the
opportunity to discuss this with Mr. Sumek a couple of times before the sessions.
However, the City Manager stated he has not had any conversation with Mr. Sumek yet
about this.
Mr. Levinson asked if staff has a report on the three acre site near Temple
Sinai. The City Manager stated the City has a design contract and it is supposed to be
completed by the first week in April. He stated he spoke to Kathy Weigel about what her
needs were for the site. The City has a master joint use agreement with the Palm Beach
County School District for properties and normally those related to specific schools have
been negotiated with the Principal. Mr. Levinson stated there is money available through
the School District to potentially help with this effort. Mr. Levinson stated the school
would like to have some additional practice fields and the City has the 3 1Iz acre site
which the City will be using as a passive park and therefore it makes sense to look at a
Joint Use Agreement. The City Manager stated Ms. Weigel has asked for a half football
field area. The City Manager stated the consultant has been asked to do this plus
reconfiguring the retention area so that we get the best use of the entire site.
13.C.5.
Mayor Perlman
Mayor Perlman thanked Mr. Levinson for filling in for him at the Roots
Classical Series.
Secondly, he commented about the U. S. Conference of Mayors and stated
there are some scary things going on right now with the Federal Budget that will affect
cities. Particularly for Delray, the Community Development Block Grants right now
would be eliminated in fiscal year 2006 which is close to $700,000 that the City receives
every year to work at the target area. He stated under the proposed budget Congress is
looking to combine eighteen programs into one and fund all eighteen programs a billion
dollars less than what the Community Development Block Grant (CDBG) was a year
ago. Mayor Perlman stated the hiring of COPS is going to be eliminated, Homeland
Security is going to be reduced by $360 million, Section 108 Loan guarantees is in
jeopardy, HOPE VI gone in fiscal year 2005, etc. Mayor Perlman encouraged everyone
to talk to Congress and get neighbors to talk to them. Mayor Perlman suggested when
- 25 -
02/15/05
Lyle Sumek comes that staff hold a session on "How to Cope with Loss of Federal
Assistance" and the State not being able to help and the County pushing things down.
Mayor Perlman stated he spent time today with Vince Larkin,
President/CEO of the Fair Housing Center of the Palm Beaches, and noted that he is very
interested in assisting the City in the RAC.E. initiative. Mayor Perlman stated Mr.
Larkin would be a good resource for Delray Beach.
He expressed concern over numerous telephone calls he received
regarding the Police & Fire Pension and the actuary is waiting for numbers from the
Finance Director that are holding up participants who are considering the DROP Plan in
the early window. The City Manager stated numbers were provided to the actuary in
December and the actuary is asking for final numbers. However, the City Manager stated
staff has not been able to get the final numbers to the actuary due to stringent audit
deadlines. Mayor Perlman stated he will inform everyone at the Police and Fire Pension
Board meeting tomorrow that this will be taken care of as soon as possible.
Mayor Perlman stated he and Mr. Dubin attended the TDC Meeting
regarding the FED Cup. He asked for money out of the Special Opportunities Fund
which was set up explicitly for opportunities such as FED Cup. Mayor Perlman stated
Commissioner Greene was not pleased and she is going to write a letter. He suggested
that the City appeal this and write a letter to the Commission for the $50,000.
Mr. Levinson stated he does not want to see the City proceed under the
same scenario in the future when the City goes to the TDC for money in terms of looking
at it as a corporate sponsorship. He suggested requesting to the Commission the value of
the proposal which is $50,000.00. If they would like to avail themselves of the offer, the
City is happy to have them as a sponsor. If, however, they would not like to avail
themselves of the offer, then the City is not in any position to sell it to them at any
reduced rate.
Mayor Perlman concurred with comments expressed by Mr. Levinson.
Mayor Perlman stated with regard to the SCRIPPS issue, the Mayors from
South County came out and commented he did not speak on behalf of the Commission,
however, he spoke personally for his belief as to we need leadership from the County and
we need to be focused on the original vision of SCRIPPS. He stated Barry Silver would
like to have debate with him at a PROD meeting. Mayor Perlman stated he feels there
needs to be some finality on this and does not have any intentions on getting immersed in
this issue.
He stated he will not be here for the City Commission meeting on March
1,2005, because he will be going with Bob Hagel to Washington, D.C. to look for money
for the reclaimed water.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:39 p.m.
- 26-
02/15/05
r--
\~~~. ~
City Clerk
ATTEST:
~ltz
A OR
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 15, 2005, which Minutes were formally approved and adopted by the City
Commission on March 1, 2005 .
í
I
~~.~
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
r
¡
i
- 27-
02/15/05
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
--;OUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
U 'IIAME-FIRST NAME-MIODLE NAME
rerlman, Jeffre L.
MAIlING ADORESS
Delra Lakes Drive
COUNTY
NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
Delra Beach Cit Commission
THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH J SERVE IS A UNIT OF:
Xl CITY a COUNTY 0 OTHER lOCAl AGE.NCY
NAME OF POlITICAl SUBOMSION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED
2/15/05
MY POSITION IS:
II ElECTIVE
o 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 greaOy depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
erson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
'es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
. ~"'L e 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- indudes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
·
.
*
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this 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
- st disdose'the nature of the conflict before making any attempt to influence 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 Tq 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 ~ meeting, who will incorporate the form in the minutes. (Continued on other side)
œ FORM 88 - EFF. 1/2000
ITEM 9 F
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided ìmmediately 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 oraUy the nature of your contrlCt 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 foon must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrey L. Perlman
, hereby disclose that on
February 15
,20~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inùred 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 speåal 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 Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
2/15/05
Date Flied
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: IMP~ACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 . EFF. 1/2000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
.r NAME-FIRST NAME-MIOOLE NAME
er1man, Jeffre L.
MAaUNG ADDRESS
971 De1ra Lakes Drive
crrv
COUNTY
NAME OF BOARD. COUNCil. COMMISSION. AUTHORITY. OR COMMITTEE
Delra Beach Cit Commission
THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
Xl CITY 0 COUNTY 0 OTHER lOCAl AGENCY
NAME OF POUTICAl SUBOMSION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED
2/15/05
MY POSITION IS:
DI ElECTIVE
o 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, counål.
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 foon before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
~ person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
Jre which inures to the special gain or loss of a principal (otlier than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a -relative- includes only the officer's father. mother. son, daughter, husband, wife, brother, sister, father-in-law.
mother-in-law. son-in-law. and daughter-in-law. A "business associate- means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
·
.
.
*
*
*
*
*
*
*
*
.
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this 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 othelWÍse may participate in these matters. However, you
-Æ"ust 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 cürection.
~ YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
ce FORM 88 - EFF. 112000
ITEM 9M
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the fonn 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:
"I
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I.
Jeffrey L. Perlman
, hereby disclose that on
Februarv 15
.20 º-L-:
(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,
-Ã. 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:
Diana Colonna
. by
. which
l
Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
2/15/05
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.
ce FORM 88 - EFF. 1/2000
PAGE 2