06-07-05 Minutes
JUNE 7. 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 6:08
p.m., Tuesday, June 7,2005.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Ab sent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
Janet Whipple, Deputy City Clerk
2. The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain for
the Delray Beach Fire-Rescue and Police Department.
3. The Pledge of Allegiance to the flag of the United States of America was given.
4. AGENDA APPRO V AL:
Mayor Perlman noted the addition of Item 7.D., Atlantic Hi2h School Police
Career Pro2ram ( Chief Larrv Schroeder) and Item 8.U.8, Contract A ward/Chaz
EQuioment. Inc. by addendum.
Also, he noted that there was a revised Ordinance No. 41-05 for Item 12.B. and
there was additional information for Item 9.B., Conditional Use ReQuest/Fun City.
Mr. Levinson stated he would like to move Item 8.1., Service
A2reement/Motorola to the Regular Agenda as Item 9.M. because of a conflict.
Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5
to 0 vote.
06/07/05
5. APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of June 7, 2005,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
6. PROCLAMA TIONS:
6.A. Reco2nizin2 and Commendin2 Jackie Areson
Mayor Perlman read and presented a proclamation recognizing and commending
JACKIE ARESON on her outstanding achievements in track and for bringing honor and
distinction to Atlantic High School and the City of Delray Beach. Jackie Areson came forward
to accept the proclamation and Dr. Kathy Weigel, Principal of Atlantic Community High School,
congratulated Jackie Areson on her achievement.
6.B. Reco2nizin2 and Commendin2 Atlantic Hi2h School Girl's Golf Team
Mayor Perlman read and presented a proclamation hereby recognizing and
commending THE ATLANTIC HIGH SCHOOL GIRLS' GOLF TEAM on their outstanding
achievements in golf and for bringing honor and distinction to Atlantic High School and the City
of Delray Beach. Dr. Kathy Weigel, Principal of Atlantic High School, gave a few brief
comments and Robert Johnson, Crew Leader II/Parks and Recreation came forward to accept the
proclamation on behalf of his daughter Taylor Johnson who is out of town.
6.C. Nursin2 Assistants Week- June 9-16. 2005
Mayor Perlman read and presented a proclamation hereby proclaiming June 9-16,
2005 as NURSING ASSISTANTS WEEK in Delray Beach, Florida. Greg Goodman, Sr.,
Heritage Park Retirement Communities came forward to accept the proclamation and thanked
the Nursing Assistants. Beverly Adams also gave a few brief comments.
6.D. National Clean Beaches Week - June 27. 2005
Mayor Perlman read a proclamation hereby proclaiming the week beginning June
27, 2005 as NATIONAL CLEAN BEACHES WEEK in Delray Beach, Florida. Mayor
Perlman noted that this proclamation will be mailed.
7. PRESENTATIONS:
7.A. "You Are Not Alone" Contest Winners - Delray Beach Parks and Recreation
Deoartment
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Ms. McCarthy briefly explained that the City of Delray Beach has embraced and
started a program called "You Are Not Alone". She stated as she traveled throughout the United
States it became very prevalent that people who were left here as their significant others were
abroad fighting the war so that we could live here safely that there was not the normal support
factor that she had been told about after World War II that her uncles brought home and shared.
She stated she was finding many females home with their children having to hire people to mow
the lawns, etc. Ms. McCarthy stated she felt it significant to start a program here in Delray Beach
to help nurture and hence the "You Are Not Alone" program was started. Ms. McCarthy stated
there are a lot of male and female Veterans in Delray Beach and noted one does not necessarily
have to be a Veteran or have a loved one in the military to participate and be instrumental in the
program.
Mayor Perlman presented awards to the following "You Are Not Alone" Essay,
Drawing, and Coloring Contest winners:
Essay Contest Winners:
Marfew Charles from Community Center
Kattreona McGriff from Community Center
Timothy Robinson from Community Center
lnridian Maldonado from Community Center
Chandeline Jeanniton from Pompey Park
Kevin Normil from Pompey Park
Kaleah Green from Pompey Park
Derrick Rolle from Pine Grove Elementary
Shacala Barber from Pompey Park
Drawin2 Contest Winners:
Johny Marues from Community Center
Marco Martin from Pompey Park
Gregory Wright from Pine Grove Elementary School
Colorin2 Contest Winners:
Jabari Walker from Community Center
Quenton Thaddies from Pompey Park
Anderson Exantus from Pine Grove Elementary School
Delores Rangel, Administrative Assistant, stated she is present this evening to
show her support and noted Commissioner McCarthy has been instrumental in helping this
organization to get started. Mrs. Rangel stated she has a daughter in the Air Force who was
overseas for a little over six months and was injured. Mrs. Rangel stated she felt alone until the
program was initiated. She stated her daughter was the recipient of two care packages and by the
children sending these letters to the troops it will be very meaningful to them. She stated the
Forgotten Soldiers is the organization that has been instrumental in helping to develop the "You
Are Not Alone" program.
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7.B. RESOLUTION NO. 33-05: Recognizing and Commending Captain Lennis L.
Gillard for 30 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 33-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING CAPT AIN LENNIS L. GILLARD FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRA Y BEACH.
(The official copy of Resolution No. 33-05 is on file in the City Clerk's office.)
Mayor Perlman read Resolution No. 33-05 and presented the proclamation and
the plaque to Captain Gillard. Captain Gillard came forward to accept the proclamation and
thanked the Commission.
Mr. Levinson moved to approve Resolution No. 33-05, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed
with a 5 to 0 vote.
7.C. N on- Profit Academv Certificates
Mayor Perlman stated the City developed a program to help various non-profit
agencies achieve more skills and knowledge so they can do even better than they are doing in
serving the community. He stated the Commission is looking forward to additional programs in
the future.
Rex Taylor, Assistant City Manager, gave a brief overview of the program and
the topics that were covered.
Mayor Perlman presented certificates to the following non-profit organizations:
Association for Community Counseling
Boston Terrier Rescue of Florida, Inc.
Consumer Credit Management Services
Delray Beach Community Development Corporation
Delray Beach Tennis Patrons, Inc.
Expanding & Preserving Our Cultural Heritage (EPOCH)
Friends of Sandoway House
Loving Hands for the Needy, Inc.
Museum of Lifestyle and Fashion History
Old School Square, Inc.
Omega Joshua Generation Counseling Service, Inc.
Planned Parenthood of South Palm Beach and Broward Counties, Inc.
Roots Cultural Festival, Inc.
TED Center
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Urban League of Palm Beach County, Inc.
At this point, Mayor Perlman also presented two special recognition awards to
Mary Wyns and Dr. Ron Nyhan.
7.D. Atlantic Hi2h School Police Career Pro2ram - Chief Larrv Schroeder
(ADDENDUM)
Larry Schroeder, Police Chief, thanked the City Commission for their support of
the program and stated the Atlantic High School Police Career Program is a partnership between
the Delray Beach Police Department and Atlantic High School. Chief Schroeder stated the
program was started with the idea to spark interest in some of the students from Atlantic High
School into being Police Officers or some aspect of having a law enforcement job upon the
completion of high school. Chief Schroeder stated this year there were 75 students in the
program and it has been very successful. Chief Schroeder recognized Lieutenant Joe Milenkovic
and Officer Jeffrey Rasor for being so instrumental in the program. The following individuals
are graduates from the Police Career Program: Scott Robinson, Linsey Guertin, and Kevin Zalla.
Chief Schroeder thanked Dr. Kathy Weigel, Principal of Atlantic High School, Lieutenant
Milenkovic, Officer Rasor and the students who participate in the program.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLA T APPROVAL/TERRACES AT DELRA Y:
Approve the subdivision plat for the Terraces at Delray (aka Townhomes ofVersilla), a proposed
8-lot fee simple townhouse development, located on the northwest corner of S.E. 1st Street and
S.E. ih Avenue.
8.B. FINAL BOUNDARY PLAT APPROV ALNILLAS IN THE GROVE PLAT:
Approve the boundary plat for the Villas in the Grove, a minor subdivision, located north ofN.E.
1st Street between N.E. 2nd Avenue and the F.E.C. Railroad.
8.C. FINAL BOUNDARY PLAT APPROVAL/THE STRAND: Approve the
boundary plat for The Strand, a minor subdivision, located on the northwest and southwest
corners of S.E. 3rd Avenue and S.E. 1st Street.
8.D. RESOLUTION NO. 35-05/ ABANDONMENT OF EASEMENT:
Approve Resolution No. 35-05 abandonment of a sixteen (16) foot wide east-west alley right-of-
way lying within Block 83, Town of Linton (Delray) Plat, located at the northeast corner ofN.E.
1st Street and N.E. 2nd Avenue (Pineapple Grove Way).
The caption of Resolution No. 35-05 is a follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 16' WIDE RIGHT-OF-WAY (ROW)
DEDICATED BY RIGHT-OF-WAY DEED AS RECORDED IN
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OFFICIAL RECORD BOOK 11366, PAGE 1254, LOCATED
WITHIN A PORTION OF LOT 5, BLOCK 83 OF THE TOWN
OF LINTON (PLAT BOOK 1, PAGE 3).
(The official copy of Resolution No. 35-05 is on file in the City Clerk's office.)
8.E. RESOLUTION NO. 36-05/ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a sixteen (16) foot wide utility easement, retained with Resolution
No. 26-99, in association with the Creations Development (now known as Astor Condominium
Development), located at the northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and
N.E. 1 st Street.
The caption of Resolution No. 36-05 is a follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 16-FOOT WIDE UTILITY EASEMENT
RETAINED WITH RESOLUTION 26-99, AS RECORDED IN
ORB 17701, PAGE 859, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 36-05 is on file in the City Clerk's office.)
8.F. RESOLUTION NO. 37-05/ABANDONMENT OF SANITARY SEWER
EASEMENT: Approve the abandonment of a sanitary sewer easement dedicated by Deed,
located within Lots 77-82 and a portion of Tract "A", plat of Estuary, located at the end of Palm
Trail, west of the Intracoastal Waterway.
The caption of Resolution No. 37-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A SANITARY SEWER EASEMENT
RETAINED DEDICATED BY EASEMENT DEED, AS
RECORDED IN o .RB. 7137, PAGE 125, AS MORE
PARTICULARL Y DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 37-05 is on file in the City Clerk's office.)
8.G. RESOLUTION NO. 34-05: Approve Resolution No. 34-05 assessing costs for
abatement action required to remove nuisances on eight (8) properties throughout the City.
The caption of Resolution No. 34-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
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100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRA Y BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 34-05 is on file in the City Clerk's office.)
8.H. ACCEPTANCE OF LIMITED ACCESS EASEMENT/114 SOUTH
SWINTON CIRCLE: Approve and accept a limited access easement for 114 South Swinton
Circle.
8.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.M.
8.J. VILLAS OF RAINBERRY HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and Villas of
Rainberry Homeowners' Association allowing the Delray Beach Police Department to enforce
local and state traffic laws on its property.
8.K. SERVICE AUTHORIZATION NO. l/SIMMONS AND WHITE. INC.:
Approve Service Authorization NO.1 to Simmons and White, Inc. in the amount of $15,700.00
for the design and preparation of construction documents for modifying the existing u-turn into
an Intracoastal Park ingress turn for southbound US 1 vehicles. Funding is available from 334-
4174-572-63.90 (General Construction Fund/Other Improvements).
8.L. CONTRACT ADDITION (CHANGE ORDER NO. 2)/ROSSO PAVING &
DRAINAGE.INC.: Approve a Contract Addition (Change Order No.2) between the City and
Rosso Paving & Drainage, Inc. in the amount of $45, 175.00 to begin development of the Temple
Sinai Park by constructing a temporary athletic field for the new high school. Funding is
available from 380-4150-572-63.23 (2004 G.O. BondlNeighborhood Parks).
8.M. AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT/PALM
BEACH COUNTYILINTON BOULEVARD BEAUTIFICATION: Approve an amendment
to the Financial Assistance Agreement between the City and the Board of County
Commissioners of Palm Beach County for the Linton Boulevard Beautification, extending the
deadline for reimbursement to March 31,2006.
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06/07/05
8.N. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding
agreement with one (1) sub-recipient (Top Notch Hair Dimensions) under the Community
Development Block Grant (CDBG) program for FY 2004-2005, with the total funding in the
amount of $25,000.00. Funding IS available from 118-1965-554-83.01 ( Community
Development Fund/Other Grants & Aids).
8.0. BASELINE BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL
(CSC)IBEACON CENTER AT VILLAGE ACADEMY: Approve authorizing staff to submit
the baseline budget funding request for Fiscal Year 2005/06 to the Children's Service Council of
Palm Beach County in the amount of $795,547.00 for the program and services associated with
the Beacon Center at Village Academy.
8.P. PURCHASE ORDER INCREASE/OTTO WASTE SYSTEMS: Approve an
increase of$21,850.00 to blanket purchase order #624061, Otto Waste Systems, for the purchase
of 500 garbage carts with lids and wheels. Funding is available from 433-3711-534-49.35
(Sanitation Fund/Cart Renewal and Replacement).
~ GRANT APPLICA TION/P ALM BEACH COUNTY PUBLIC LANDS
GRANT PROGRAM: Approve the application for a 50%/50% matching grant in the estimated
amount of $15,000.00 for the Palm Beach County Public Lands Grant Program for the removal
of exotics and invasive vegetation at the Municipal Golf Course. Funding is available from 445-
4714-572-52.26 (Municipal Golf Course/ Gardening Supplies).
8.R. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/THRIFT
STORE: Approve an Interlocal Agreement with Palm Beach County for participation in the
County's surplus asset disposal program known as the Palm Beach County Thrift Store.
8.S. CONSENT TO ASSIGNMENT/LEASE AGREEMENTIBUCKY DENT
BASEBALL SCHOOL: Approve Consent to Assignment regarding the Lease Agreement with
the Bucky Dent Baseball School (BDBBS) due to a change of ownership.
8.T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period May 16,
2005 through June 3,2005.
8.U. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Allied Chemical in the estimated annual cost of $28,873.20
via the City of West Palm Beach Co-op Bid #04/05-25 for the purchase of
liquid chlorine and calcium hypochlorite. Funding is available from 441-
5122-536-52.20 (Water/Sewer Fund/General Operating Supplies), 441-
5144-536-52.21 (Water/Sewer Fund/Chemicals), and 441-5123-536-52.21
(Water/Sewer Fund/ Chemicals) FY 05/06.
2. Bid award to Allied Universal Corporation in the amount of $232,250.00
via Village of Palm Springs Resolution No. 2005-31 for the purchase of
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06/07/05
Sodium Hypochlorite. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals) FY 04/05 and FY 05/06.
3. Bid award to various vendors for the purchase of automotive parts at an
estimated annual cost of$60,000.00. Funding is available from 501-3311-
591-52.20 (Central Garage FundÆxternal Parts).
4. Bid award to Bermuda Landscape, D.B.A. Southeastern Irrigation in the
amount of $314,141.00 for the West Linton Boulevard Beautification
Proj ect. Funding is available from 119-4151-572-63.20 (Beautification
Trust Fund/Landscaping/ Beautification).
5. Purchase award to Municipal Lighting Systems, Inc. in the amount of
$24,800.00 for the purchase of sports light poles/fixtures for the Catherine
Strong Park Project. Funding is available from 380-4150-572-62.59 (2004
G.O. Bond/Catherine Strong Center).
6. Bid award to Southeastern Pump in the estimated annual cost of
$65,000.00 for the purchase of submersible wastewater pumps. Funding
is available from 441-5144-536-46.20 (Water/Sewer FundÆquipment
Maintenance) FY 04/05 and FY 05/06.
7. Purchase award to RLS Lighting, Inc. in the amount of $29,760.00 for the
purchase of thirty (30) Aluminum Litter Containers with PVC liners and
lids for Atlantic Avenue (west of Swinton Avenue). Funding is available
from 433-3711-534-49.90 (Sanitation Fund/Other Current Charges).
8. Contract award to Chaz Equipment, Inc. in the amount of $45,000.00 for
the replacement of a sanitary sewer manhole in Highpoint Section III.
Funding IS available from 442-5178-536-63.51 (Water &
Sewer/Renewal/Replacement/Sewer Mains).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis -
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 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 40-05 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR), 4.4. 18(B)( 4), "Planned
Commerce Center (PCC)" Zoning District, to add vocational and commercial schools within the
Service Industry land use category of the Planned Commercial Center (PCC) Zoning District and
add Section 4.4. 18(E)(5) to provide supplemental regulations regarding vocational schools. If
passed, a second public hearing will be scheduled for June 21,2005.
The caption for Ordinance No. 40-05 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING SECTION 4.4.18,
"PLANNED COMMERCE CENTER (PCC) DISTRICT", TO
ADD VOCATIONAL AND COMMERCIAL SCHOOLS
WITHIN THE SERVICE INDUSTRY LAND USE CATEGORY
OF THE PLANNED COMMERCE CENTER (PCC) ZONING
DISTRICT AND ADDING SUPPLEMENT AL DISTRICT
REGULATIONS FOR SAME; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 40-05 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 is a privately initiated
amendment to the PCC zone district to allow Vocational Schools in the Service Industry land use
component of the PCC. The request was submitted by the Delray Youth Vocational Charter
School which is currently located at the South Tech campus in Boynton Beach. The school
wishes to occupy/purchase two bays totaling approximately 5,519 square feet within the
Congress Commerce Center development. The school serves students between 16-21 years old
and currently has 24 students enrolled and wishes to increase its enrollment to 100 students. The
academic curriculum focuses on building skills in the areas of language, arts, mathematics,
science and life skills. The technical curriculum focuses on automotive education and repair.
Vocational Schools are currently allowed in the office component of the PC District and they
would like to extend this to the service component of the PCC.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing regarding the amendment. There was public testimony both in support and in
opposition. The opposition was centered on concerns with parking and the automobile repair
aspects of the school. After deliberation, the Board felt that the proposed supplemental
regulations addressed the concerns regarding the repair aspects and that site plan related items
would be addressed through the site plan modification process. The Board voted 4-0 (Kincaide,
Morris & Zacks absent) to recommend approval of the proposed amendment.
Mayor Perlman declared the public hearing open.
Michael RodriQuez. 301 Yamato Road. Boca Raton. (Attornev with Sachs.
Sax & Klein representin2 Con2ress Commerce Center Condominium Association. Inc.). the
primary issue the association has is that this zoning change is resulting in an arbitrary distinction
being made between this use with an incidental automobile repair component which would then
be permitted and at the same time in the same district limousine services are not permitted to
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detail or repair their cars. Secondly, the association feels this use is inconsistent with the rest of
the uses within this site. There is a concern about whether there is sufficient parking capacity on
the site to allow this site to be used as the Vocational School. There are other concerns as to
whether this use will create other issues in regards to this Condominium Association. This
Vocational School is going to be an owner within this condominium association. Mr. Rodriquez
stated the owner does not feel there has been property approval and this use may result in
insurance being increased. He stated while they do support the condition that the City has
proposed they also do not believe that it is sufficient enough. Mr. Rodriquez stated they are not
against the program but they do not believe that this use is compatible with this zoning district.
Officer Fred Glass. employee with the Delray Beach Police Department.
clarified that this is a school that teaches automotive repair and they do not repair automobiles
for the public. Officer Glass stated with regard to the parking based on the space that the current
owner of the two condo units has, it comes out to 22 parking spaces and when applied to 100
students based on one parking space per five students it comes out to 20 parking spaces and
therefore the net gain to the center would be two. He stated they agreed to work with the condo
with regard to the parking spaces and take the parking spaces along the canal and leave the
premium parking spaces for the businesses. He stated insurance companies can change their
premiums for whatever they want to change it for and in his opinion having the letter stating that
there may be an insurance increase rather than saying that there will be an increase is not an
issue. Officer Glass stated they followed all the proper procedures with regard to this project and
urged the Commission to consider the positive aspect of this school in the community.
Dr. Frank Little. Principal of the Delray Youth Vocational Charter School.
reiterated comments expressed by Officer Glass and stated they teach auto repair instruction and
not repair. In addition, out of the 100 students, they may have only approximately 20 students
that may be involved in the automotive. Dr. Little stated the main focus is to help these students
get their GED and make them productive citizens.
Lieutenant Hal Knabb. Delray Beach Fire-Rescue Department. distributed the
achievements of the last two graduating classes and noted that the first class is 100% employed
and the second class is 82% employed and supports the program.
There being no one else from the public who wished to address the Commission
regarding Ordinance No. 40-05, the public hearing was closed.
Ms. McCarthy moved to approve Ordinance No. 40-05 on First Reading/First
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Ellis - 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. 31-05 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2005-1 ): Consider on first reading an
ordinance adopting Comprehensive Plan Amendment 2005-1 and associated Future Land Use
Map (FLUM) amendments, and authorize transmittal to the State Department of Community
Affairs. Amendment 2005-1 includes:
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06/07/05
1. Text Amendments:
a. Future Land Use Element - Modification of Policy C-2.6 to reflect
adoption of a Redevelopment Plan for Redevelopment Area #5
(Osceola Park), and that future development in this area shall be
consistent with the Plan.
b. Future Land Use Element - Modification of Policy C-1.4 to correct
the described boundaries of the North Federal Highway Corridor.
2. Future Land Use Map Amendments:
a. City initiated Future Land Use Map (FLUM) Amendment from
RDA #5 (Redevelopment Area #5) to CC (Commercial Core) in
part, GC (General Commercial) in part, MD (Medium Density
Residential 5-12 du/ac) in part and LD (Low Density Residential
0-5 du/ac) in part, for the Osceola Redevelopment Area,
comprising of 35.6 acres and generally located between S.E. 2nd
Street and S.E. 5th Street and between S.E. 5th A venue and S.E. 1 st
Avenue.
b. City Initiated Future Land Use Map amendment from County -
MR-5 (Medium Residential 0-5 du/ac) to City - LD (Low Density
Residential 0-5 du/ac) for Country Club Acres, located on the east
side of Military Trail, south of West Atlantic Avenue.
c. City Initiated Future Land Use Map Amendment from County -
INST (Institutional) to City - CF (Community Facilities) for
Delray Medical Center, located on the south side of Linton
Boulevard, approximately 1,240 feet west of Military Trail.
The caption for Ordinance No. 31-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2005-1,
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT" , FLORIDA
STATUTES SECTION 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE P ARTICULARL Y DESCRIBED
IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 2005-1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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06/07/05
(The official copy of Ordinance No. 31-05 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 public hearing was closed.
Ron Hoggard, Senior Planner stated this is the first Comprehensive Plan
amendment for 2005-1. Since the Plan was initiated by the City Commission on AprilS, 2005, it
is noted that there have been two changes to the contents of this amendment. Mr. Hoggard stated
the text amendment to update the Analysis, Conclusions and Needs and Recommendations
sections of the Open Space and Recreation Element has been deleted and will be processed as a
part of Amendment 2005-2. Secondly, Mr. Hoggard stated a text amendment to the Future Land
Use Element has been added to correct an error in the language describing the North Federal
Highway Corridor. The remaining items in the Plan Amendment consist of three (3) City
initiated Future Land Use Map amendments and a text change related to adoption of the Osceola
Park Redevelopment Plan. The first text amendment to the Future Land Use Element is a
modification to Policy C-2.6 to reflect adoption of a Redevelopment Plan for Redevelopment
Area #5 (Osceola Park), and that future development in this area shall be consistent with the Plan
and Future Land Use Element Modification of Policy C-l.4 to correct the described boundaries
of the North Federal Highway Corridor. Mr. Hoggard briefly reviewed the three Future Land
Use Map Amendments and noted that 83% of the area is approximately 30 acres and the
proposed Future Land Use Map designation will be consistent with the zoning in the area. He
stated for six (6) acres which is between 2nd and 3rd Street the Plan recommends amending this
area from multi-family to single-family (R-I-A) and this designation will be to LD (Residential
Low Density 0-5 du/ac). The compatibility with the surrounding developments is not an issue
and concurrency is not an issue because the maximum intensity will actually decrease slightly
when this area is down zoned. At its meeting of May 12, 2005, the Community Redevelopment
Agency (CRA) reviewed this proposal and recommended approval; at its meeting of May 23,
2005, the Planning and Zoning Board held a public hearing and no one from the public spoke on
the item. However, staff received a letter of support from the Osceola Park Homeowners'
Association. The Planning and Zoning Board made the appropriate findings and recommended
approval by a vote of 4-0 (Kincaide, Morris and Zacks absent).
Mr. Hoggard stated the second Future Land Use Map Amendment is for Country
Club Acres and is an 18 acre single-family subdivision located on the east side of Military Trail
south of Atlantic Avenue and contains 95 parcels (81 of which are single-family houses and 14
vacant lots). This property was annexed on May 3, 2005. He stated the proposed low density
residential Future Land Use Map designation is consistent with the County's MR-5. At its
meeting of May 23, 2005, the Planning and Zoning Board held a public hearing and
recommended approval. Two residents spoke on this item concerning the schedule of
improvements after the annexation and one person questioned the possibility of putting a public
park on one of the vacant lots in the subdivision. The Planning and Zoning Board made the
appropriate findings and recommended approval by a vote of 4-0 (Kincaide, Morris and Zacks
absent).
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06/07/05
The third Future Land Use Map Amendment is for Delray Medical Center. The
hospital was built in 1982 and the City extended water and sewer service to the area to serve the
development. The water and sewer water service agreement was modified in 1999 in
conjunction with a proposed expansion of the medical center. The amended agreement included
consent for future annexation of the property in four phases. The shopping center to the east was
annexed in 2001; the Delray Medical Center is to be annexed this year; and the remaining two
parcels which consist of the West Fair Oaks Hospital (to the south) will be annexed in 2008; and
Lago Vista Rehabilitation Facility (to the north) in 2011. There will be no additional impacts as
a result of the annexation; however, with regard to other annexations in the area (Bexley Park
and Country Club Acres) there may be a need for additional Police and Fire-Rescue personnel.
There will be no additional impacts and compatibility with the surrounding development is not
an issue since the existing development has existed since 1982 and the credibility of any future
changes or expansions will be evaluated through a site plan review or conditional use process.
At its meeting of May 23,2005, the Planning and Zoning Board held a public hearing and no one
from the public spoke on this item and the Board voted 4-0 (Kincaide, Morris and Zacks absent)
to recommend approval.
At this point, Mr. Hoggard entered the Planning and Zoning Department project
files #2005-192, #2005-193, #2005-194, #2005-195, #2005-196, #2005-197 into the record.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 31-05, the public hearing was
closed.
Mr. Levinson moved to approve Ordinance No. 31-05 adopting Comprehensive
Plan Amendment 2005-1 based on positive findings that it supports and furthers the Goals,
Objectives and Policies of the Comprehensive Plan, and transmit the Amendment to the Florida
Department of Community Affairs (DCA), seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 39-05 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR), 4.4.21 "Community
Facilities (CF)", to add senior housing as a conditional use in the CF (Community Facilities)
District; amending Section 4.3.3 "Special Requirements for Specific Uses", to provide specific
regulations for "Senior Housing" and Appendix A "Definitions" to provide a definition for
Senior Housing. Ifpassed, a second public hearing will be scheduled for June 21,2005.
This caption for Ordinance No. 39-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING APPENDIX " A" ,
"DEFINITIONS" , BY ENACTING A DEFINITION OF
"SENIOR HOUSING"; AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A
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06/07/05
NEW SUBSECTION 4.3.3(11), "SENIOR HOUSING", IN
ORDER TO PROVIDE REGULATIONS FOR SAME; AND
AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES
(CF) DISTRICT", SUBSECTION (D), "CONDITIONAL USES
AND STRUCTURES ALLOWED", TO PROVIDE FOR THE
INCLUSION OF SENIOR HOUSING AS A CONDITIONAL
USE ALLOWED IN THE CF ZONING DISTRICT; PROVIDING
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 39-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated
LDR text amendment from the Community Redevelopment Agency (CRA) to allow Senior
Housing facilities in the CF zoning district. This amendment details special requirements for
that use and provides for a definition of Senior Housing. If the amendment is successful, the
CRA would like to convert it internally to a Senior Housing facility adding a two-story addition
to provide a total of 14 units.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing and after discussing the amendment, the Board voted 4-0 to recommend to the City
Commission approval of the proposed amendment to add Senior Housing as a conditional use to
the CF zoning district.
Ms. McCarthy moved to approve Ordinance No. 39-05 on First Reading/First
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer
- Yes. Said motion passed with a 5 to 0 vote.
10.D. RESOLUTION NO. 38-05/INTERLOCAL AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY (CRA): Consider approval of Resolution No. 38-05 and an
Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for
the transfer of a parcel ofland, located at the end of Lake Avenue North adjacent to the Old Palm
Grove Development to be used as part of a pocket park.
This caption for Resolution No. 38-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO RECEIVE FROM THE COMMUNITY REDEVELOPMENT
AGENCY CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS THE NORTH 55' OF
LOT 19, BLOCK C, LA HACIENDA LOCATED AT THE END
OF LAKE AVENUE NORTH AS MORE PARTICULARLY
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06/07/05
DESCRIBED HEREIN; HEREBY INCORPORATING AND
ACCEPTING THE INTERLOCAL AGREEMENT STATING
THE TERMS AND CONDITIONS FOR THE TRANSFER
BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY
AND THE CITY OF DELRA Y BEACH, FLORIDA.
(The official copy of Ordinance No. 38-05 is on file in the City Clerk's office.)
Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor
Levinson and left the dais.
Brian Shutt, Assistant City Attorney, stated the Community Redevelopment
Agency (CRA) is transferring a piece of property to the City which is located at the end of Lake
Avenue North adjacent to the Old Palm Grove Development at no cost to the City. Mr. Shutt
stated the development was required to give it to the City as a pocket park and the property will
be used to enhance the size of the pocket park.
Vice Mayor Levinson declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 38-05, the public hearing was
closed.
Ms. McCarthy moved to approve Resolution No. 38-05, seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes; Vice Mayor Levinson - 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.
II.A. City Mana2er's response to prior public comments and inQuiries.
With regard to a prior concern expressed regarding the lack of a quorum at the
Site Plan Review and Appearance Board (SPRAB) meeting and at the Planning and Zoning
Board meeting, the City Manager stated in reviewing the attendance records of SPRAB there
does not appear to be a pattern of attendance abuse. It is noted that recently for the last three
meetings there have been only five members present for two meetings and four members present
for one meeting. This is partly a result of one member who injured herself and recent conflicts
with respect to individual projects being represented by members of SPRAB. The City Manager
stated while the suggestion for alternates may have merit with certain Boards, the alternate
would have to be prepared at each meeting to address all items. This would involve hours of
preparation given the large agenda packets and no guarantee they would ever be called upon to
render a decision. If an alternate was not prepared and asked to render a decision, the resulting
outcome could be worse than postponement of the item due to a lack of a quorum. The Board
meets every two weeks so postponement to the following meeting normally has minimal impact.
With respect to having alternate members for the Planning and Zoning Board, this would appear
to be unnecessary with the exception of the May meeting which was postponed for a week due to
a lack of a quorum. The City Manager stated it has been years since there has been any issues
relating to attendance or lack of a quorum with the Planning and Zoning Board.
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06/07/05
With regard to a prior concern expressed about how the students living east of 1-
95 will get to the new Atlantic High School, the City Manager stated those students outside of
the school district's two mile no bus radius will be bused and those students who live east ofI-95
and within the two mile radius who choose to not ride with someone will be directed to the north
side of West Atlantic Avenue at N.W. lih Avenue. Students can then proceed west to the new
school entrance off West Atlantic Avenue. There will be a crossing guard at N.W. lih Avenue
and West Atlantic A venue and one at the intersection of Congress A venue and West Atlantic
Avenue. In addition, the City Manager stated there will be a "No Turn on Red" sign at the
intersection of Congress A venue and West Atlantic A venue that will be activated only during
pedestrian hours. There will also be a pedestrian countdown signal at the intersection of
Congress A venue and West Atlantic Avenue.
With regard to a prior concern expressed from the Sherwood Park Homeowners'
Association regarding traffic, the City Manager stated they submitted a list of questions which
has prepared a response to. On part of it that was brought up orally at the meeting concerning
Lowson Boulevard, the City Manager stated Lowson Boulevard has designated a City collector
in the City's Comprehensive Plan and the City has adopted the Federal functional classification
system for roadways contained in the Florida Department of Transportation's Table of Palm
Beach County Federal functional classification. A collector is a relatively low volume street
which provides circulation within and between neighborhoods. He stated a collector is usually
served short trips and are intended for collecting trips from local streets and distributing them to
the arterial network (Congress Avenue and Military Trail). Collector streets are not designated
as such by signage nor are they in all cases signalized.
11.B. From the Public.
11.B.1. Chuck Ridlev. 137 S.W. 12th Avenue. Delrav Beach. formally introduced
himself as the President of the Atlantic Park Gardens Homeowners' Association. Mr. Ridley
stated they are glad to be a part of the formal process and looks forward to the continued working
relationship.
11.B.2. Tonv Odom. 118 S.W. 13th Avenue. Delrav Beach. (Vice Chair of the Atlantic
Park Gardens Homeowners' Association). thanked the Commission for their continued
support and their excellent working relationship. However, Mr. Odom expressed concern over
what is happening on S.W. 14th Avenue and how this will impact S.W. 13th Avenue. In addition,
Mr. Odom expressed concern over the lack of knowledge about the Gateway Project slated for
Atlantic A venue, the need for sidewalks, and the drug activity in the neighborhood. He stated
there is a need for more Police officers to patrol the area because of the drug activity and the
speeding traffic in the area. He announced that the next homeowners' association meeting will
be held on Thursday, September 22, 2005 at 6:00 p.m. at the National Church of God.
11.B.3. Luis Martinez. 506 Southrid2e Road. Delrav Beach. speaking on behalf of the
Southridge Homeowners' Association and its residents he stated there are vacant areas on the
north and south side of Southridge Road. He stated the grass is as tall as the houses and insects,
bugs, and animals are coming out of these areas. He stated residents would like to see the City
cut the grass on a regular basis.
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06/07/05
11.B.4. An2eleta Grav. S.W. 5th Avenue. Delrav Beach. expressed concern over the on-
street parking and stated there are currently only four new parking spaces. She asked what
happened to the rest of the parking.
11.B.5. Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. speaking on behalf of
S.A.F.E. (Safety as Floridians Expect) stated they are asking for stricter traffic enforcement for
all (i.e. motor vehicles, bicyclists, and pedestrians). Mr. Smith stated the Florida Department of
Transportation recently announced plans for designated bicycle lanes and sidewalks on A-I-A
and feels this is a great step for safety and a better quality of life for everyone in Delray Beach.
He urged the Commission to draft a bill that will prohibit cyclists from not riding in the bicycle
lane.
11.B.6. Greta Britt. 867 Sunflower Avenue. Delrav Beach. thanked the Commission
for the response regarding the transportation for the students living east of 1-95 who will be
attending the new Atlantic High School. However, she asked for a written response from the
City Manager as well because she stated it is hard for her to visualize how the students will be
directed to the areas where the crossing guards will be placed. Mrs. Britt asked if there will be a
crossing guard at the railroad crossing and the City Manager informed her that there is no
crossing guard for the railroad crossing.
At this point, the time being 7:41 p.m. the Commission moved to Item 9.A. of the
Regular Agenda.
9. REGULAR AGENDA:
9.A. WAIVER REQUESTIBANYAN VILLAGE: Consider a waiver request to
waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving Widths", to reduce
the required minimum paving width for an interior road from 24' to 22' for Banyan Village,
pursuant to LDR Section 2.4.7(B)(5), "Waiver Findings". (Quasi-Judicial Hearing)
Ms. McCarthy was away from the dais at this time.
Mayor Perlman read into the record the procedures for a Quasi-Judicial Hearing
for this item and all subsequent Quasi-Judicial items.
Janet Whipple, Deputy 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, Mayor Perlman, Mrs. Ellis, and Mrs. Archer had no ex parte communications to
disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Project file #2005-103 into the record.
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06/07/05
Mr. Dorling stated on April 13, 2005, the Site Plan Review and Appearance
Board (SPRAB) approved a Class V site plan and landscape plan associated with the
construction of 100 townhouse units in fourteen (14) two and three-story buildings to be known
as Banyan Village. Mr. Dorling stated this is a waiver request which was considered by SPRAB
and the Board recommended approval. This is a request for a reduction in pavement width for
the internal streets from 24 feet to 22 feet with a two foot valley gutter on one side of the
pavement. This type of waiver has been supported in the past by the Commission for other
projects such as Atlantic Palm, Atlantic Grove, Highland Grove Estates, Gramercy Square, and
Legacy at Sherwood Forest. The City Engineer has considered this request and supports it. Mr.
Dorling stated positive findings have been made in the staff report and staff recommends
approval.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, representing the applicant, stated the report addresses the four items that
are a part ofLDR Section 2.4.7(B) so the substantial competent evidence has been submitted and
he is present for any questions.
Mayor Perlman stated if anyone would like to speak in favor or in opposition of
the waiver request, to please come forward at this time. There being no one who wished to
address the Commission regarding the waiver request, the public hearing was closed.
Mr. Dorling clarified that in situations like this they normally require that no
parking be allowed on the streets as part of the homeowners documents and stated this is a
condition of the Class V site plan approval.
At this point, Ms. McCarthy returned to the dais.
Mr. Levinson moved to approve the waiver request to LDR Section 6.1.2(C)(3)(a)
to reduce the minimum pavement width of the interior roadway from 24 feet to 22 feet, 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 Mrs. Ellis. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.B. CONDITIONAL USE REQUEST/FUN CITY: Consider a request to allow the
establishment of an adult gaming center to be known as Fun City, occupying a 1,222 sq. ft.
tenant bay within Delray Square Shopping Center, located on the northeast corner of Military
Trail and West Atlantic Avenue. (Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
Mr. Dorling stated a conditional use application has been submitted to establish
an Adult Gaming Center to be known as Fun city in an existing commercial bay (approximately
1,222 square feet) within the Delray Square Plaza. The business will employ two (2) people,
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06/07/05
accommodate 50 gaming machines, and will operate seven (7) days a week between the hours of
9:00 a.m. and 11 :00 p.m.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the request. There was no public testimony in support or in
opposition of the request. Staff did receive one letter of objection from Lee's Crossing which is
included in the record. The Board voted 4 to 0 (Kincaide, Morris, Zacks absent) to recommend
approval of the conditional use request.
Mr. Dorling stated if approved this evening this facility would not be allowed to
pay with gift certificates, gift cards, credit cards or other cash substitutes for "payouts".
Furthermore, he stated in the Adult Gaming section of the LDR's it states that if the conditions of
approval are violated then the conditional use would be considered null and void and the
operation would have to cease.
Mayor Perlman stated if anyone would like to speak in favor or in opposition of
the conditional use request, to please come forward at this time.
Mr. Levinson moved to approve the conditional use request to allow for the
establishment of an Adult Gaming Center for Fun City, 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 Sections 2.4.5(E)(5), 4.3.3(AAA), and Chapter Three of the
LDR's with the condition that Adult Gaming Center (i.e. Fun City) and any/all subsequent adult
gamIng establishments at this location abide by all of the criteria of LDR Section
4.3.3(AAA)(I)(C), seconded by Ms. McCarthy.
Mayor Perlman asked if the Commission can deny a conditional use if they feel it
will hinder the viability of a shopping center or the redevelopment of an area. The City Attorney
stated one of the required findings is that it will not hinder development or redevelopment of
nearby properties and includes its surroundings as well. The other criteria to consider is to look
and see if it has a detrimental effect on the stability of the neighborhood within which it will be
located. Furthermore, the City Attorney stated the Commission would need evidence that
supports the criteria. The City Attorney suggested that if the Commission has concerns about
this they may want to table this item to provide staff the ability to seek other opinions to present
other evidence.
The City Manager stated eight months is a short time to evaluate the impact on
retail economics of a shopping center. However, he stated staff can try to find some more
information about it. The City Attorney stated this would be one source and another source
would be an expert who has dealt with it in other areas.
Mr. Dorling stated these adult gaming centers are relatively new to Florida.
Mrs. Ellis expressed concern over the two employees managing the establishment
from 9:00 a.m. - 11 :00 p.m. seven (7) days a week, the 50 gaming machines, and the
requirement that they be 18 years or older. She stated it is hard for her to believe that senior
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06/07/05
citizens are patronizing these facilities. Mrs. Ellis expressed concern over the traffic and does
not believe that within the short amount of time that the City has had one of these establishments
is long enough for the Commission to base bringing in another one and therefore will not support
this item.
Mr. Levinson suggested that there are number of other places staff could evaluate
besides an expert testimony. He suggested that the Commission table this item so that staff can
ask the Police Department to run some checks and talk to the current landlord (S.E. corner of
Military Trail and Linton Boulevard) to see what impact it has had in terms of leasing on other
spaces within the center. In addition, he suggested that staff talk to merchants in the center to see
if there is information that they can give us of how it is has positively or negatively impacted
their business.
Ms. McCarthy concurred with comments expressed by Mr. Levinson. Ms.
McCarthy noted that there is a similar place that is west of Jog Road and South Atlantic Avenue
and the people she observed coming in and out of the facility during the daytime were not senior
citizens. She stated there may be possibly be some records from the Sheriff s Department as to
what type of activity and what impact it has had in the plaza.
The City Manager suggested that staff can also contact Urban Land Institute and
some of the national shopping center management organizations to review this matter.
Mr. Levinson stated he would like to withdraw his first motion and made the
following substitute motion:
Mr. Levinson moved to table the Conditional Use request for Fun City, seconded
by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with
a 5 to 0 vote.
9.C. HOLD HARMLESS AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of a hold harmless agreement between the City and the
Community Redevelopment Agency (CRA) for the Delray Green Market.
Mayor Perlman declared a Conflict of Interest, passed the gavel to Vice Mayor
Levinson and left the dais.
Mrs. Archer moved to approve the Hold Harmless Agreement between the City
and the Community Redevelopment Agency (CRA) for the Delray Green Market, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice
Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0
vote.
9.D. INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA)/LIGHT POLES: Consider approval of an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) which provides
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06/07/05
that the City will purchase light poles and fixtures upon receipt of $17,760.00 from the CRA.
Brian Shutt, Assistant City Attorney, stated the City will purchase light poles and
fixtures upon receipt of $17,760.00 from the CRA. The City will store the materials for a period
not to exceed one year, unless the time is mutually extended by the parties.
Mrs. Archer moved to approve the Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA), seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis -
Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.E. CONTRACT A W ARDS/MEDICAL/DRUG SUPPLIES: Consider approval
of contract awards, via the City of Boynton Beach Joint Bid #2005-18, in the estimated annual
amount of$96,000.00 to Matrix Medical, Inc. (second lowest bidder); Sun Belt MedicalÆmergi-
Source; Southeastern Emergency Equipment; Quad Med, Inc. (second lowest bidder); and
Bound Tree Medical, LLC for medical/drug supplies for the Delray Beach Fire-Rescue
Department. Funding is available from 001-2315-526-52.20 (General Operating Supplies).
Mrs. Ellis moved to approve the contract awards for medical/drug supplies for the
Delray Beach Fire-Rescue Department, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.F. SPECIAL EVENT REQUEST/7th ANNUAL GARLIC FESTIVAL: Consider
approval of a special event request for the ih Annual Garlic Festival to be held November 11-13,
2005, granting a temporary use permit per LDR Section 2.4.6(H) for use of City rights-of-way
(N.E. 1st Avenue from Atlantic Avenue to N.E. 1st Street and N.E. 2nd Avenue from the south
entrance of the CRA lot to the south side of the Loves Building) from 6:00 a.m. November 10th
through 10:00 p.m. November 13th; granting a waiver per LDR Section 4.6.7(D)(3)G)(ii) to allow
signs and banners to be put up no earlier than September 30th, staff assistance as outlined in the
attached letter; contingent upon sponsor providing a certificate of insurance, liquor liability
insurance, and a hold harmless agreement.
Mr. Levinson asked who the print media sponsor will be for this event. In
response, Mrs. Stewart stated the print media sponsor will be the Palm Beach Post. Mr.
Levinson stated he will not support the request and it is not because he does not believe in the
event. He stated he believes it is inappropriate when the print media sponsors from two
newspapers are involved. He feels it is unfortunate that we subsidize their ability to make more
money and to sell their papers on the City's success when he does not believe the City of Del ray
is getting coverage of our city.
Ms. McCarthy moved to approve the Special Event request for the ih Annual
Garlic Festival to be held on November 11-13, 2005 per staffs recommendations and conditions
as listed in staff s memorandum, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms.
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06/07/05
McCarthy - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting.
9.G. SPECIAL EVENT REQUEST & RESOLUTION NO. 39-05/28TH ANNUAL
ROOTS CULTURAL FESTIV AL/YOUTH AND ADULT BASKETBALL
TOURNAMENTS: Consider a request for special event approval to allow the 28th Annual
Roots Cultural Festival to be held August 12-14, 2005, and approve Resolution No. 39-05 in
support of the event; granting temporary use permit per LDR Section 2.4.6(H) for the use of City
facilities, right of way and parking lots, to authorize staff support for security, traffic control,
barricading, signage, cleanup, and trash removal for the August lih-14th weekend; granting a
waiver per LDR Section 4.6.7(C)(5)(a) and (9) to allow signage to be put up no earlier than July
29th; contingent upon sponsor providing a certificate of insurance, liquor liability insurance, and
a hold harmless agreement. Consider a request to endorse the Youth Basketball Tournament to
be held June 24-26, 2005 and the Adult Basketball Tournament to be held August 5-7, 2005 at
Pompey Park; waive facility rental fees and authorize staff support for security for basketball
tournaments.
The caption for Resolution No. 39-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, SUPPORTING THE ROOTS
CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF
THE TWENTY-EIGHTH ANNUAL "ROOTS CUL TURAL
FESTIVAL" IN THE CITY OF DELRA Y BEACH, FLORIDA.
(The official copy of Resolution No. 39-05 is on file in the City Clerk's office.)
Mrs. Ellis moved to approve the Special Event request to allow the 28th Annual
Roots Cultural Festival to be held on August 12-14, 2005, and approve Resolution No. 39-05,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.H. CONSTRUCTION MANAGER AT RISK DOCUMENTS: Consider approval
of the proposed purchasing guidelines, request for proposal form, and contract form regarding
construction manager at risk services.
The City Attorney stated these documents will become the City's standard
documents to be used for this process. She stated Mr. Levinson has a concern regarding the Bid
Bond scenario requirement and staff informed him they would need to check further into this
aspect of it because it is based on a base bid which may not be happening in this scenario. The
City Attorney suggested that the Commission approve these documents without the bid bond and
staff will bring back if need be.
Mr. Levinson moved to approve the Construction Manager at Risk documents
without the Bid Bond, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
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06/07/05
9.1. OLD SCHOOL SQUARE PARKING GARAGE/OPTIONAL SERVICES:
Consider approval of Optional Services 4 and 5 of Service Authorization No. 1 with PGAL, Inc.
for preparation and submittal of required documents for the Site Plan Review and Appearance
Board's approval, for a total additional amount of $46,740.00. Funding is available from 380-
4150-572-63.29 (2004 G.O. Bond/Old School Square).
Richard Hasko, Director of Environmental Services, stated this item will allow
staff to continue on track with the planning portion for the proposed parking facility at Old
School Square. PGAL, Inc. (consultant) is effectively complete with the basic scope of services
listed in their contract. Mr. Hasko stated the next step would be to develop the conceptual plan
for the facility for the Site Plan Review and Appearance Board's approval.
Mr. Levinson asked if we are going to be in range once we get construction
documents, etc. Mr. Hasko stated the consultant will be coming back with another proposal for
the final design and staff will have the opportunity to negotiate this as well.
Mayor Perlman asked what the status of the acquisition at this point. Mr. Hasko
stated there will be a meeting with the involved parties to discuss this in approximately a week or
so. Mr. Hasko stated the two variables are: (1) completing the land acquisition process and (2)
the supplementation of the funding for the construction of the project.
Brief discussion between the City Attorney and the Commission followed.
It was the consensus of the Commission to move forward with this.
Mr. Levinson moved to approve Optional Services 4 and 5 of Service
Authorization NO.1 with PGAL, Inc. for preparation and submittal of required documents for
SPRAB's approval, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.J. RESOLUTION NO. 24-05 (MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to the adopted budget for FY
2005.
This caption for Resolution No. 24-05 is a follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 75-04 ADOPTED SEPTEMBER 21,2004,
WHICH MADE APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY OF
DELRA Y BEACH, FLORIDA, FOR THE FISCAL YEAR
2004/2005, BY SETTING FORTH THE ANTICIP ATED
REVENUES AND EXPENDITURES FOR THE OPERATING
FUNDS OF THE CITY FOR THE FISCAL YEAR 2004/2005;
REPEALING ALL RESOLUTIONS INCONSISTENT
HEREWITH.
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06/07/05
(The official copy of Resolution No. 24-05 is on file in the City Clerk's office.)
The City Manager stated the major adjustments are moving money out of
contingencies into personnel accounts to take care of the two union contracts (Blue Collar and
Police). In addition, he stated because of the early retirement window, there were retirements
that were not budgeted for.
Mr. Levinson moved to approve Resolution No. 24-05 (Mid- Year Budget
Adjustment), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis
- Yes. Said motion passed with a 5 to 0 vote.
9.K. REQUEST TO INCREASE PENSION PAYMENTS TO RETIRED
POLICE OFFICERS AND FIREFIGHTERS: Provide direction regarding a request to
increase pension payments to retired Police Officers and Firefighters.
Captain Lorenzo Brooks, Retired Police Captain with the Delray Beach Police
Department, stated in the past the Commission has been very generous in assisting the retired
Police and Firefighters who do not have a cost of living benefit with their pension plan. Captain
Brooks stated he is speaking on behalf of numerous retired Police and Firefighters to try to get
another increase to assist those officers who were employed by the City of Delray Beach for
approximately 20-30 years and do not have a cost of living benefit as the Police and Firefighters
do now.
The City Manager stated if the Commission decides to move forward with this
and ordinance would have to be drafted for Commission approval to amend the Pension Plan.
Mr. Levinson suggested it may be more appropriate to address this during budget
time and not now at mid-year.
Alex Semosh, 902 S. Swinton Avenue, Delray Beach, stated he is a retired
Lieutenant with the Delray Beach Fire-Rescue Department (30 years) and thanked the
Commission for considering this issue.
It was the consensus of the Commission to review this in context of the fiscal year
2005/2006 budget.
9.L. SETTLEMENT OFFER IN WONDRA v. CITY OF DELRA Y BEACH:
Consider a Settlement Offer in the amount of $34,000.00 in Wondra v. City of Delray Beach.
Staff recommendation is acceptance.
Mrs. Ellis moved to approve to accept the Settlement Offer in the amount of
$34,000.00 in Wondra v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
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06/07/05
9.M. SERVICE AGREEMENT/MOTOROLA: Approve a service agreement
between the City and Motorola in the amount of $113,584.44 to provide that Motorola will
service the City's portable radios as well as the equipment used for the City's 800 MHz dispatch
system. Funding is available from various departmental budgets.
Mr. Levinson declared a Conflict ofInterest and stepped down from the dais.
Mrs. Archer moved to approve the service agreement between the City and
Motorola, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 32-05: City initiated rezoning from County - AR
(Agricultural Residential) to City R-I-A (Single Family Residential) for Country Club Acres,
located on the east side of Military Trail, south of West Atlantic Avenue.
The caption for Ordinance No. 32-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
INITIAL ZONING OF R-I-A (SINGLE F AMIL Y
RESIDENTIAL) DISTRICT; SAID LAND LOCATED ON
THE SOUTH SIDE OF WEST ATLANTIC A VENUE, EAST
OF MILITARY TRAIL, AS MORE P ARTICULARL Y
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 32-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Ron Hoggard, Senior Planner, entered the Planning and Zoning Board project file
#2005-192 and #2005-193 into the record.
Mr. Hoggard stated this rezoning is accompanying a City initiated Future Land
Use Map Amendment (FLUM) for the property from County MR-5 (Medium Density
Residential 0-5 du/ac) to City LD (Low Density Residential 0-5 du/ac) as part of the
Comprehensive Plan Amendment 2005-1. He stated the rezoning is going from the County's AR
(Agricultural Residential) zone to City R-I-A (Single Family Residential) for Country Club
Acres.
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06/07/05
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the FLUM Amendment and Rezoning request. During the Public
Hearing, two residents had questions concerning the schedule for infrastructure improvements in
the neighborhood and a request for a public park on a vacant lot in the area. After discussing the
proposal, the Board voted 4 to 0 (Kincaide, Morris and Zacks absent) to recommend approval of
the FLUM Amendment and Rezoning request.
Mrs. Ellis moved to approve Ordinance No. 32-05 on FIRST Reading for
Rezoning from County AR (Agricultural Residential) to City R-I-A (Single Family Residential)
for Country Club Acres, 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 2.4.5(D)(5), Section 3.1.1. (Required Findings) and Section
3.2.2 (Standards for Rezoning Actions) of the LDR's, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 41-05: An ordinance amending Chapter 100, "Nuisances",
of the Code of Ordinances, by amending Section 100.01, "Existence of Weeds, Trash, and
Vegetation Upon Lands Prohibited", to provide that vegetation or trees which interfere with
traffic flow, safety, or utilities are a nuisance; and to provide for enforcement. If passed, a public
hearing will be scheduled for June 21,2005.
The caption for Ordinance No. 41-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, AMENDING CHAPTER 100,
"NUISANCES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 100.01, "EXISTENCE OF WEEDS, TRASH AND
VEGETATION UPON LANDS PROHIBITED", TO PROVIDE
THAT VEGETATION OR TREES WHICH INTERFERE WITH
TRAFFIC FLOW, SAFETY OR UTILITIES ARE A NUISANCE
AND TO PROVIDE FOR ENFORCEMENT; BY AMENDING
SECTION 100.02, "LANDS TO BE KEPT FREE OF DEBRIS,
VEGETATION AND THE LIKE", TO READ "HURRICANES;
LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION AND
THE LIKE", TO ADD A DUTY TO CORRECT AND INSPECT
AND TO ADD UTILITIES AS A HAZARD; BY REPEALING
SECTION 100.20, "INSPECTION OF LANDS TO DETERMINE
VIOLATION"; BY AMENDING SECTION 100.21, "NOTICE
OF VIOLATION REQUIRED", TO READ, "NOTICE OF
VIOLATION REQUIRED; ABATEMENT AND
AL TERNATIVE ENFORCEMENT" , TO PROVIDE
ALTERNATE ENFORCEMENT PROCEDURES, BY
AMENDING SECTION 100.22, "CONTENT AND FORM OF
NOTICE", TO CLARIFY NOTICE REQUIREMENTS; BY
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06/07/05
AMENDING SECTION 100.23, "NOTICE OF RECURRING
NUISANCE REQUIRED; CONTENT AND FORM", BY
ENACTING A NEW SECTION (A) TO PROVIDE FOR NO
NOTICE FOR RECURRING NUISANCES THAT OCCUR
WITH A 12 MONTH PERIOD,
RELETTERING/RENUMBERING AND DELETING
DUPLICATIVE NOTICE PROVISIONS; TO ADD
SUBSECTION 100.23(C), TO PROVIDE THAT NOTICES OF
RECURRING PUBLIC NUISANCE PURSUED UNDER THE
CODE ENFORCEMENT PROCESS SHALL BE ISSUED IN
ACCORDANCE WITH LAW; BY AMENDING SECTION
100.26, "ASSESSMENT OF COSTS, INTEREST AND
ATTORNEY'S FEES; LIENS" , TO REMOVE THE
REFERENCE TO THE LAWS OF FLORIDA; BY AMENDING
SECTION 100.27, "ENFORCEMENT OF ASSESSMENT;
PRIORITY OF LIEN", TO CLARIFY THE ENFORCEMENT
PERMITTED; AND TO PROVIDE GRAMMATICAL
CHANGES TO ALL SECTIONS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 41-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Prior to the vote, Ms. McCarthy questioned the wording on Page 3, Section 2 -
Section 100.02(A) "Each year, prior to hurricane season," and stated this may be too vague and
suggested that the date be clarified to read that the date for hurricane season begins June 1 st
through November 30th. The City Attorney concurred with Ms. McCarthy's suggestion and
stated staff will add this to the ordinance.
Ms. McCarthy moved to approve Ordinance No. 41-05 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0
vote.
12.C. ORDINANCE NO. 34-05: Privately initiated small scale Future Land Use Map
(FLUM) Amendment from OS (Open Space) to LD (Low Density Residential 0-5 dwelling units
per acre) and rezoning from OSR (Open Space and Recreation) to R-I-A (Single Family
Residential) for a 0.978 acre parcel ofland located on the south side of West Atlantic Avenue,
approximately 2,000 ft. west of Homewood Boulevard within the Hamlet Residential
Development. Ifpassed, a public hearing will be scheduled for June 21,2005.
The caption for Ordinance No. 34-05 is as follows:
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06/07/05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONT AINED IN THE COMPREHENSIVE PLAN FROM OS
(OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL 0-5
DU/ AC); ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTL Y ZONED OSR (OPEN SPACE
AND RECREATION) TO R-I-A (SINGLE F AMIL Y
RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE NORTH SIDE OF
GREENSWARD LANE, WITHIN THE HAMLET COUNTRY
CLUB LOCATED AT THE INTERSECTION OF WEST
ATLANTIC A VENUE AND HAMLET DRIVE, AS MORE
PARTICULARL Y DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL
2005"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the subject property is a
0.978 acre parcel and is not part of the golf course however is within the Hamlet subdivision.
The property is an undeveloped/unplatted remnant of the residential community. The subject
property was initially rezoned R-I-A to OSR (Open Space and Recreation) with the Citywide
rezoning of October 1990. The applicant has submitted a Future Land Use Map and rezoning
change to accommodate the development of two single-family homes.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the Small Scale Future Land Use Map amendment and rezoning
requests. After discussing the proposal, the Board voted 4 to 0 (Kincaide, Morris and Zacks
absent) to recommend approval of the small scale Future Land Use Map Amendment from OS
(Open Space) to LD (Low Density Residential 0-5 du/ac) and rezoning from OSR (Open Space
and Recreation to R-I-A (Single Family Residential).
Mrs. Archer moved to approve Ordinance No. 34-05 on FIRST Reading of the
small scale Future Land Use Map Amendment from OS (Open Space) to LD (Low Density 0-5
du/ac) and rezoning from OSR (Open Space and Recreation) to R-I-A (Single Family
Residential) 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 the
criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the LDR's, seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
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06/07/05
12.D. ORDINANCE NO. 37-05: City initiated rezoning from RM (Medium Density
Residential) to R-I-A (Single Family Residential) for a 5.9 acre portion of the Osceola Park
redevelopment area, generally located between S.E. 2nd Street and S.E. 3rd Street between S.E.
2nd Avenue and S.E. 5th Avenue.
The caption for Ordinance No. 37-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTL Y ZONED RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT TO R-I-A (SINGLE F AMIL Y
RESIDENTIAL) DISTRICT; SAID LAND BEING
GENERALLY LOCATED BETWEEN SE 2ND STREET AND SE
3RD STREET AND BETWEEN SE 2ND AVENUE AND SE 5TH
A VENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA,
APRIL 2005"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 37-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this item is part of the
rezoning which accompanied the Comprehensive Plan Amendment 2005-1. The proposed
rezoning is for a 5.9 acre portion of the redevelopment area, generally located south of the
frontage properties on S.E. 2nd Street to S.E. 3rd Street, between the Federal Highway
commercial frontage and the commerciallindustrial rail corridor.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the FLUM amendment and Rezoning request. After discussing the
proposal, the Board voted 4 to 0 (Kincaide, Morris and Zacks absent) to recommend approval of
the FLUM Amendment and Rezoning request.
Mrs. Ellis moved to approve Ordinance No. 37-05 on FIRST Reading for
Rezoning of as. 9 acre portion of the Osceola Park Redevelopment Area, generally located south
of the frontage properties on S.E. 2nd Street to S.E. 3rd Street, between the Federal Highway
commercial frontage and the commerciallindustrial rail corridor, from RM (Medium Density
Residential) to R-I-A (Single Family Residential), 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 2.4.5(D)(5), Section 3.1.1
(Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the LDR's, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Levinson returned to the dais.
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06/07/05
12.E. ORDINANCE NO. 33-05: Annexation via the provisions of the executed Water
Service Agreements and Consent to Annexation with initial zoning ofCF (Community Facilities)
for Delray Medical Center, located on the south side of Linton Boulevard, approximately 1,240
feet west of Military Trail.
The caption for Ordinance No. 33-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRA Y BEACH, A PARCEL OF LAND
LOCATED ON THE SOUTH SIDE OF LINTON
BOULEVARD, APPROXIMATELY 1,240 FEET WEST OF
MILITARY TRAIL, AS THE SAME IS MORE
P ARTICULARL Y DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO CF (COMMUNITY
FACILITIES); PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 33-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is the annexation and
City zoning accompanying the land use piece the Commission considered under the
Comprehensive Plan Amendment 2005-1. This is currently County INST (Institutional) and
public facilities designation in the County zoning and would go to CF (Community Facilities) in
the City. The effective date of the annexation is scheduled to be December 31, 2005 and the
second reading of this rezoning portion would be followed up when Comprehensive Plan
Amendment 2005-1 returns with a projected date of August 2,2005.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the City initiated Annexation, FLUM amendment and initial zoning
request. After discussing the proposal, the Board voted 4 to 0 (Kincaide, Morris and Zacks
absent) to recommend approval of the City initiated annexation, FLUM amendment and initial
zoning request.
Mrs. Ellis moved to approve Ordinance No. 33-05 on FIRST Reading for the City
initiated Annexation, and initial zoning request to CF (Community Facilities) for Delray Medical
Center, by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan, meets the criteria set forth in Sections
2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the LDR's and complies with Florida Statutes
Chapter 171, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
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06/07/05
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 5 to 0 vote.
12.F. ORDINANCE NO. 42-05: City initiated amendment to Land Development
Regulations (LDR), Appendix "A", "Definitions", to enact a new definition of "Restaurant". If
passed, a public hearing will be scheduled for June 21, 2005.
This caption for Ordinance No. 42-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY AMENDING APPENDIX
"A", "DEFINITIONS", BY REPEALING THE DEFINITION
OF "RESTAURANT" IN ITS ENTIRETY AND ENACTING
A NEW DEFINITION FOR "RESTAURANT (BONA FIDE)";
PROVIDING A SA VING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 42-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this amendment defines the
differences between a "restaurant" and a "stand alone bar". The definition clarifies that a
restaurant must operate as a restaurant during all hours of operation and cannot operate at any
time as a stand alone bar. Restaurants must have full kitchen facilities and food preparation staff
capable of preparing and serving full course meals during all hours of operation. Pursuant to
LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the
amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. This amendment is being initiated more for clarification purposes than to
fulfill any specific Comprehensive Plan policy.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing regarding the amendment. After discussing the amendment, the Board voted 4 to 0
(Kincaide, Morris, Zacks absent) to recommend approval of the proposed amendment.
Mr. Levinson stated there is a definition in the State with regard to "stand alone
bars" and "restaurants" that deals with a percentage of sales and requires a different alcoholic
beverage license depending upon which area one falls into.
Terrill Barton, Assistant City Attorney, briefly discussed the percentage and
stated she can look into this further.
Brief discussion between the Commission and staff followed.
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06/07/05
Mr. Levinson suggested that staff go back and review the licensure because it is a
fairly easy way to delineate and they do inspections and audits to make sure they are in
compliance with their license.
The City Attorney suggested that the Commission pass the ordinance and then at
second reading staff will do an outline of what the State Statute requires.
Mr. Levinson moved to approve Ordinance No. 42-05 on FIRST Reading
amending LDR's Appendix "A" Definitions by adopting the findings of fact and law contained
in the staff report and finding that the request is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(M) of the LDR's, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
At this point, Mr. Levinson left the dais.
12.G. ORDINANCE NO. 35-05: Rezoning from R-I-A (Single Family Residential) to
CF (Community Facilities) associated with the establishment of a Senior Housing Facility at the
La France Hotel, located on the west side of N.W. 4th Avenue, approximately 80 feet south of
Martin Luther King Jr. Drive (N.W. 2nd Street). If passed, a public hearing will be scheduled for
June 21,2005.
This caption for Ordinance No. 35-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTL Y ZONED R-I-A (SINGLE F AMIL Y
RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE WEST SIDE OF NW 4TH AVENUE,
APPROXIMATELY 80 FEET SOUTH OF MARTIN LUTHER
KING JR DRIVE (NW 2ND AVENUE), AS MORE
PARTICULARL Y DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL
2005"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the property contains the
4,028 square foot La France Hotel which is currently used as a 16-room boarding house. The
two-story, concrete block structure was built in 1947 in the Masonry Vernacular style and is
considered a contributing building within the West Settlers Historic District. The applicant
(CRA) is proposing to alter the extant historic building and construct an addition to provide a
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06/07/05
Senior Housing Facility which will offer affordable housing units for residents of 60 years and
older.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the request. After discussing the proposal, the Board voted 4-0 to
recommend approval of the rezoning request from R-I-A to CF.
Mrs. Ellis moved to approve Ordinance No. 35-05 on FIRST Reading for a
rezoning from R-I-A (Single Family Residential) to CF (Community Facilities) based on 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
2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning
Actions) of the LDR's, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes.
Said motion passed with a 4 to 0 vote.
At this point, Mr. Levinson returned to the dais.
12.H. ORDINANCE NO. 38-05: City initiated amendment to Land Development
Regulations (LDR), Section 4.5.3, "Flood Damage Control Districts" and Appendix "A",
"Definitions", to provide for a definition of "Lowest Floor" to comply with National Flood
Insurance Program Regulations. Ifpassed, a public hearing will be scheduled for June 21,2005.
This caption for Ordinance No. 38-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY AMENDING APPENDIX
"A" "DEFINITIONS", BY ENACTING A NEW DEFINITION
FOR "LOWEST FLOOR" AND AMENDING SECTION 4.5.3,
"FLOOD DAMAGE CONTROL DISTRICTS", IN ORDER
TO INCLUDE A REFERENCE TO THE DEFINITION OF
"LOWEST FLOOR" AS PROVIDED IN APPENDIX "A";
PROVIDING A SA VING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 38-05 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated based upon review of
regulations of the National Flood Insurance Program (NFIP) the City's regulations were lacking
a definition of "Lowest Floor", which is required to meet the minimum criteria of the NFIP.
- 34 -
06/07/05
At its meeting of May 23, 2005, the Planning and Zoning Board held a public
hearing regarding the amendment. After discussing the amendment, the Board voted 4 to 0
(Kincaide, Morris, Zacks absent) to recommend approval of the proposed amendment.
Mrs. Archer moved to approve Ordinance No. 38-05 on FIRST Reading
amending LDR's Section 4.5.3 Flood Damage Control Districts and Appendix "A" Definitions
to provide a definition of "Lowest Floor", by adopting the findings of fact and law contained in
the staff report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the LDR's, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items from the Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Mana2er
The City Manager stated with regard to the progress on Rainberry Woods, the
landscape plan which covers the entire perimeter landscaping along the fence and main entrances
and the bid award opening is scheduled for June 14th. He stated the Commission should award
the bid at their meeting of July 5, 2005 and the substantial completion date is October 15th. In
addition, the City Manager stated staff has begun the documentation preparation of installing
new mailboxes throughout the neighborhood which should be completed by the end of July.
Secondly, with regard to people receiving parking tickets in the Hand's parking
lot in the 2-hour portion, the City Manager stated staff reviewed this and feels this should not be
changed because everything beyond the back of the businesses is 8-hour parking. Therefore, if
people walk an extra 60 feet they can get 8-hour parking and staff is concerned that not enforcing
it would enable construction workers who typically start early in the day to monopolize more
favorable spaces all day. Business owners and employees might also take advantage of the
opportunity making parking for short term visitors inconvenient. Mr. Levinson suggested that
when the next mailing is sent out to the business owners along 4th A venue that staff include a
note that the portion north of the alleyway where it is retail is an 8-hour parking lot.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mrs. Archer
Mrs. Archer stated this year, as their Centennial Project, the Rotary Club is taking
on a combined project for fundraising to provide scholarships for the Beacon Center called
- 35 -
06/07/05
"Open House/Open Doors". She stated it is an open house for an old Florida home so people can
come into the home and have discussions about the Child Care Center and the Beacon Center so
that more information is provided in the community about what they do. Mayor Perlman
suggested that Ivan Ladizinsky, Public Information Officer, do a Press Release regarding this.
13.C.2. Mrs. Ellis
Mrs. Ellis had no comments or inquiries on non-agenda items.
13.C.3. Ms. McCarthy
Ms. McCarthy stated that if there are dollars available in the contingency fund she
would like to know if the Commission is interested in making a donation to the "Little Fighter
Trust Fund" at Washington Mutual Bank for the 8 year old girl who was the victim of a brutal
crime and was originally identified as a resident of Lake Worth but is actually a resident of
Delray Beach. Ms. McCarthy stated Jackson Memorial Children's Hospital cannot
accommodate the services that have to be done and they are now entertaining sending the girl to
a hospital in North Carolina. There is a multitude of different incidentals and thus the reason for
the Trust Fund. Mayor Perlman stated he would be in favor of taking a look at the contingency
fund to see if there is funding available to help assist the family and suggested that this be placed
on the Workshop agenda as a special item.
13.CA. Mr. Levinson
Mr. Levinson stated Progressive Residents of Delray (PROD) is filming the
Relations between Authorities, Citizens and Experts (RA.C.E.) meetings and suggested that the
City Attorney review the organization and its effort.
Secondly, Mr. Levinson stated with regard to the School Board issue regarding
sidewalks, he had the opportunity to speak to Angela Usher and stated the letter is on its way to
the City Manager thanking the City of Delray Beach on behalf of the School Board. He stated
they believe it does not need to go to the Board for ratification and it deems the City to be in
compliance with the component of the Interlocal Agreement.
He stated with regard to the gym at the old Atlantic High School site, it appears
that the design consultant will not be using the gym this year. He stated Angela Usher is the
contact person for this interim year to negotiate the use of the gym. Mr. Levinson stated three
elementary schools are scheduled to utilize the site during their renovation years.
Mr. Levinson asked about the status of the Village Academy drainage site and
stated that June 15th is the drop dead date in order to get the school open for next year. The City
Manager stated he is trying to set up a meeting between the design consultants and the Palm
Beach County School District. Mr. Levinson stated he does not want to miss the deadline on the
design and the construction of the expansion of the school. Mr. Levinson stated he likes the City
Manager's idea to offer the County to move the Head Start Program there.
- 36 -
06/07/05
He stated he would like to publicly thank Dr. Erlich's (Acting Surgeon General
for many years in the United States) family for purchasing a bench at the beach in his memory.
Mr. Levinson stated Dr. Erlich passed away at Christmas 2004.
Lastly, Mr. Levinson stated the City's Proposed Consensus Plan which was
worked on for a very long time with numerous groups and was put forth in answer to the
question from Florida Department of Transportation (FDOT) as to what the City wanted in the
community for the roadway was adopted substantially unchanged. He stated minor
additions/changes were made to it but substantially all the items that the City recommended with
the consensus group were adopted.
13.C.5. Mayor Perlman
Mayor Perlman commented about Code Enforcement complaints and repeat Code
offenders. He suggested that something be placed on a Workshop meeting regarding "Best
Practices for Repeat Code Offenders". He stated it is a quality of life issue with people who
refuse to comply and creates a lot of tension in neighborhoods and escalates quickly into a
potential violent situation.
Secondly, he stated he attended the Ground Breaking Ceremony on Saturday in
the Southwest Neighborhood for a sidewalk project in support of the Southwest Plan. He stated
it was well attended particularly by neighborhood Presidents and was very gratifying.
Mayor Perlman stated the Community Child Care Center did a feasibility study
and wants to create an endowment. They brought in a gentleman from Naples who did a study
of the organization. He stated they will be moving forward to create a multi-million dollar
endowment.
He stated the City paid for several residents to attend a Neighborhood U.S.A.
Conference in Sacramento with Joe Gray. He stated it was a very transformative experience and
they were able to see what other cities are doing in terms of neighborhood revitalization. Mayor
Perlman stated it sparked many ideas, enthusiasm, and an appreciation for the partnership they
have with various entities in Delray Beach.
Mayor Perlman stated Skip Brown of the Police Department retired on Friday
after 19 years of employment with the City of Delray Beach.
Lastly, he commented about the video taping of the RA.C.E. Relations meetings
by PROD. Mayor Perlman stated the Committee will be asked to talk to PROD about what it is
they are doing and why. The City Attorney stated it would be appropriate to ask PROD
voluntarily not to videotape the meetings because it is disruptive to the meeting. She stated the
Commission cannot mandate this but can request their cooperation because it hinders the
process.
There being no further business, Mayor Perlman declared the meeting adjourned
at 9: 10 p.m.
- 37 -
06/07/05
-
~~~Å \), ~~
City Clerk
ATTEST:
fJæo~ 4..
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 June 7, 2005,
which Minutes were formally approved and adopted by the City Commission on
June 21, 2005
~~~'V. -
~\~~
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.
---.,
- 38-
06/07/05
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
~T NAME-FIRST NAME-MIDDLE NAME NAME DF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
Levinson Jon Robert De1ra Beach City Commission
.IAIUNG ADORESS THE BOARD. COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON
. WHICH I SERVE IS A UNIT OF:
D;ITY a COUNTY a OTHER LOCAL AGENCY
NAME OF POUTICAL SUBOIVlSION:
.
June 7, 2005 MY POSITION IS:
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 greaUy depending
on whether you hOld an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
'nures 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" indudes 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:
I
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
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
, TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88· EFF. 112000 " PAGE 1
Item 8.I = Itea 9.H
.
.
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 fonn is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disdose 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, Jon R. Levînson . hereby disclose that on .Tnnp 7 20 05 .
, -.
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss:
_ Inured to the special gain or loss of my business associate, .
,
_ inured to the special gain or loss of my relative, ,
-X inured to the special gain or loss of .5TE.JlL} ÑG, ~t:.J~> ,by
whom I am retained; or
_ inured to the special gain or loss of , which
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:
c'
6/7/05
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILUR o MAKE ANY REa~IRED mSCLOSURE
CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: _IMPEACHMENT, -
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 88 - EFF. 112000 PAGE 2
,.
FORM 8B ,MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIÞAL- AN_D OTHER LOCAL PUBLIC OFFICERS
~T NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
Per1man Jeffre . De1ra Beach City Commission
MAILING ADORESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS " UNIT OF:
CITY COUNTY D;m a COUNTY a OTHER LOCAL AGENCY
NAME OF POLmCAl SUBOIVISION:
.
June 7, 2005 MY POsmON IS:
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 form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures 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 sp~cial 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 pìîncipal 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 "relativew 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:
I
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
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 . EFF. 112000 ,. PAGE 1
Item 9.C
.
.
APPOINTED OFFICERS (continued)
.. A copy of the form must be provided immediately to the other members of the agency. -
· The form must be read publidy at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the folTO must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey per1man . , hereby disclose that on June 7 JJ5 .
,2__
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate, ,
~ Inured to the special gain or loss of my relative, Diane Co1onna
,
_ inured to the special gain or loss of ,by
whom I am retained; or
_ inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
-
(b) The measure before my agency and the nature of my confticting interest in the measure is as follows:
Diane Co1onna, my wife, is the Direc£or of the Community Redevelopment
Agency (CRA) . I have a voting conf1ict on items that directly affect
the Community Redeve10pment Agency.
6/7/01:)
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. 112000 PAGE 2
"
FORM aa MEMQRANDUM OF VOTING CONFLICT FOR
CO~NTY MUNICIPAL AND OTH~R LocAL PUBLIC OFFICERS
AS, NAME-FIRST NAME-MIDDLE NAME NAME 0': BOÁRD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE
Per1man Jeffre De1ray Beach City Commission
MAlUNG ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY ITY a COUNTY a OTHER LOCAL AGENCY
NAME OF POUTICAL SUBOIVISION.
.
MY POSITION IS:
CTIVE 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 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
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appo¡nted 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 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- indudes 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:
I
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
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether mãde
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 5- PAGE 1
Item 9.D
.
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immedlatefy 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 disdose 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 LOCALOFFICER-S INTEREST
I, Jeffrey Per1man. , hereby disclose that on June 7, 05
.20_:
(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. ,
xx.. inured to the special gain or loss of my relative, n;;:¡np ~nlnnna .
_ inured to the special gain or loss of .by
whom I am retained; or
_ Inured to the special gáin or loss of . which
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:
Diane Colonna, my wife, is the Director of the Community Redevelopment
Agency, (CRA) . I have a voting conf1ict on items that directly affect
the Community Redeve10pment Agency.
6/7/05
Date Filed
NOTICE: UNDER. PROVISIONS OF FLORIDA STATUTES §112.311. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MÀY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, -
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A
CNIL PENAL TV NOT TO EXCEED $10.000.
CE FORM 88 - EFF. 112000 PAGE 2
,.
FORM 88 MEMORANDUM QF VOTING CONFLICT FOR
COUNTY MUNICiPAL AND OTHER LOCAL PUBLIC OFFICERS
AST NAME-FIRST NAME-MIDOLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE
Jeffre ission
...wUNG ADORESS THE BOARD, COUNCil. COMMISSION, AtJTHORITY OR COMMITTEE ON
Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY ITY a COUNTY a OTHER LOCAL AGENCY
èh. NAME OF POlITICAl SUBDMSION:
Cit of Delray Beach
June 7, 2005 MY POSITION IS:
XJI 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, Flonda 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 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
A person Þolding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special private gain or loss. Each elected or appointed Jocal officer also is prohibited from knowingly voting on a mea·
iUre 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
)arent organization or subsidiaty 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 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 adãrtlon to abstaining from voting in the situations described above, you must disdose the conflict:
I
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 V01ing in the situations described 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
by you or at your direction.
F YOU INTEND TO MAKE ANY ATTEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIll BE
rAKEN:
.. 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 ,. PAGE 1
Item lO.D
,
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APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency. -
· The form must be read publidy at the next meeting after the form is fded.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be proVided immediately to the other members of the
agency, and the form must be read publidy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
'. Jeffrev Per1man , hereby disclose that on June 7 2005 .
, -'
(a) A measure came or win come before my agency which (check one)
_ Inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate. ,
~ inured to the special gain or loss of my relative, Di aile CQ J nnn;:¡ .
_ inured to the special gain or loss of , by
whom I am retained; or
_ inured to the special gain or loss of , which
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:
Diane Co1onna, my wife, is the Director of the Community Redevelopment
Agency (CRA) . I have a voting conf1ict on items that direct1y affect
the Community Redevelopment Agency..
6/7/05
Date Filed Sig
~
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 iY NOT TO EXCEED $10,000.
CE FORM 88. EFF. 112000 PAGE 2
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