06-21-05 Minutes
JUNE 21. 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 6:02 p.m., Tuesday, June 21,2005.
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
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
Church of Del ray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
gIven.
4. AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 8.R.5, Contract
AwardIBrasco International. Inc. to the Consent Agenda and Item 9.J., Villa2e of
Wellin2ton and the City of Delray Beach v. Palm Beach County to the Regular
Agenda by addendum.
Ms. McCarthy moved to approve the Agenda as amended, 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.
5. APPRO V AL OF MINUTES:
Mr. Levinson 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: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
06/21/05
Mrs. Ellis moved to approve the Minutes of the Special Meeting of June
14, 2005, 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.
6. PROCLAMA TIONS:
6.A. Reco2nizin2 and Commendin2 the Delrav Beach Youth Basketball
Teams
Mayor Perlman read and presented a proclamation hereby proclaiming
Delray Beach Youth Basketball participants to be "Champions among Champions, and
Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida".
Rodger Ribeiro, Recreation Superintendent introduced Zerlean Williams who came
forward to accept the proclamation.
7. PRESENTATIONS:
7.A. Hamlet Country Club support of Delrav Fire-Rescue and Police
Departments
Perry DonFrancisco, President of Del ray Citizens for Delray Police, stated
through their March 6, 2005 Charity Day, the residents of The Hamlet Country Club have
gone to an extreme effort to assist the community and it is through their generosity that
the Delray Beach Fire-Rescue and Police Department will receive funds to improve
efficiency. Mr. DonFrancisco stated the lives of the citizens are safer because of
equipment that will be purchased by these two departments.
Evelyn Adams, General Manager of The Hamlet, stated she is very proud
to represent the Hamlet and presented a check in the amount of $15,000 to the Delray
Beach Police Department, and a check in the amount of $15,000 to the Fire-Rescue
Department. In addition, she stated they also raised $5,000 for the Delray Beach Public
Library and $5,000 for Old School Square.
Mayor Perlman thanked The Hamlet for their generosity and community
involvement.
Chief Schroeder, Delray Beach Police Department, expressed his
appreciation and stated the money will be spent to benefit the entire community.
Chief Koen, Delray Beach Fire-Rescue Department, expressed his
appreciation and thanked The Hamlet for making Delray Beach a better community
through their efforts. He stated this year the funding will enable the department to
purchase two additional thermal imaging cameras.
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Mr. DonFrancisco stated the Hamlet contributed $5,000 to Delray Citizens
for Delray Police and proceeds will be used for scholarships for Delray Beach Police
Officer's children.
7.B. Jennifer Rev. Aid to Victims of Domestic Abuse (A VDA) Teen
Intervention Specialist
Mayor Perlman read and presented a Special Recognition Award to
Jennifer Rey, Aid to Victims of Domestic Abuse (A VDA) Team Intervention Specialist.
She came forward to accept the award and thanked the Commission.
Commissioner Archer stated as a member of the Board of Directors,
A VDA is very proud to have Jennifer as an employee and thanked her for all her work.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 41-05/ ABANDONMENT OF UTILITY
EASEMENT: Approve the abandonment of a twelve (12) foot wide utility easement
dedicated by Deed, within the Plat ofBexley Park.
The caption of Resolution No. 41-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, VACATING
AND ABANDONING A 12' WIDE UTILITY
EASEMENT DEDICATED BY EASEMENT DEED, AS
RECORDED IN O.R.B. 11685, PAGE 1116 AND O.R.B.
11181, PAGE 1012, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 41-05 is on file in the City Clerk's
office. )
8.B. SERVICE AUTHORIZATION NO. 3/MATHEWS CONSULTING.
INC.: Approve Service Authorization NO.3 to Mathews Consulting, Inc. in the amount
of $137,621.00 for design of infrastructure improvements for Country Club Acres First
and Second Addition. Funding is available from 441-5161-536-65.86 (Water/Sewer
Fund/ Country Club Acres) and 334-3162-541-65.86 ( General Construction
Fund/Country Club Acres).
8.C. RESOLUTION NO. 42-05/DIVISION OF FORESTRY 2005
EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY
FORESTRY GRANT: Approve Resolution No. 42-05 and authorize staff to submit an
application for the 2005 Emergency Hurricane Supplemental Urban and Community
Forestry Grant; and authorize the City Manager to enter into an Urban and Community
Forestry Grant Memorandum of Agreement if the grant is awarded.
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The caption of Resolution No. 42-05 is a follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, TO ENTER
INTO AN URBAN AND COMMUNITY FORESTRY
GRANT MEMORANDUM OF AGREEMENT WITH
THE STATE OF FLORIDA, DEP ARTMENT OF
AGRICUL TURE AND CONSUMER SERVICES,
DIVISION OF FORESTRY.
(The official copy of Resolution No. 42-05 is on file in the City Clerk's
office. )
8.D. TURTLE MONITORING CONTRACT/JOHN FLETEMEYER:
Approve the sea turtle monitoring contract renewal with Dr. John Fletemeyer through the
2007 turtle nesting season in the annual amount of $38,750.00. Funding is available from
332-4164-572-34.90 (Beach Restoration Fund).
8.E. AGREEMENTS/LAKE IDA ROAD WALL: Approve agreements with
eleven (11) property owners along Lake Ida Road to allow the replacement of
approximately 790 lineal feet of a six (6) foot wall and 160 lineal feet of an eight (8) foot
wall along the north side of Lake Ida Road.
8.F. CHANGE ORDER NO. 1 (CONTRACT ADDITION)!CHAZ
EQUIPMENT CO.. INC.: Approve Change Order NO.1 (Contract Addition) between
the City and Chaz Equipment Co., Inc. in the amount of $73,035.00 for the Sandoway
Lane Water Main Upgrade Project. Funding is available from 442-5178-536-63.50
(Water/Sewer Renewal & Replacement Fund/Water Mains).
8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period June 6,2005 through June 17,2005.
8.H. AWARD OF BIDS AND CONTRACTS:
1. Bid award to BellSouth Communications Systems in the amount of
$201,942.01 for a Nortel Option llC PBX System to replace the
existing Lucent phone system and approve switching from T-1
service to a primary rate interface agreement for line service at the
Police Department. Funding is available from 334-6112-519-
64.12 (General Construction Fund/Office Equipment).
2. Contract award to Wall Way USA, in the amount of$50,428.00 for
the Lake Ida Road Wall Replacement Project. Funding is available
from 119-4151-572-63.90 (Beautification Trust FundILake Ida
Road Wall/Other Improvements).
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3. Contract award to MEF Construction, Inc. in the amount of
$166,696.00 for the High Point Water Main Interconnect Project.
Funding is available from 442-5178-536-65.29 (Water/Sewer
Renewal & Replacement Fund/High Point Interconnect).
4. Contract award to Kirms Communications, Inc. in the amount of
$18,400.00 to replace and install two (2) Police Department radio
tower antennas that were damaged during the 2004 hurricane
season. Funding is available from 551-1575-591-45.50 (Business
Insurance Fund/Property Claims).
5. Contract award to Brasco International, Inc. in the amount of
$185,937.00 for the purchase and delivery of forty-seven (47) bus
shelters for the Citywide Bus Shelter Project. Funding is available
from 334-3162-544-65.70 (General Construction Fund/Transit
Stop Bus Shelters).
Mrs. Ellis moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA:
9.A. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCYIPROJECT MANAGEMENT SERVICES: Consider approval of an
Interlocal agreement between the City of Delray Beach and the Community
Redevelopment Agency (CRA) for In-House Project Management Services.
Mayor Perlman declared a Conflict of Interest, passed the gavel to Vice
Mayor Levinson and stepped down from the dais.
Mrs. Archer moved to approve the Interlocal Agreement between the City
of Delray Beach and the Community Redevelopment Agency (CRA) for In-House
Project Management Services, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.B. SPECIAL EVENT REQUEST/SUMMER NIGHTS: Consider
approval of a special event request for the Summer Nights on the Avenue 2005 program,
granting a temporary use permit per LDR Section 2.4.6(H) for use of City property and
right-of-way at various locations, staff support for security and traffic control, street
barricade set up/removal, stage set up/use and removal, and trash clean up/removal, with
payment to the City for overtime costs per the special event agreement with the Joint
Venture.
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Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to endorse the Summer Nights on the Avenue 2005, to grant a temporary
use permit per LDR's Section 2.4.6(H) for use of City property and right-of-way at
various locations, and to provide City staff support for barricade set up and removal, trash
removal and clean up, police security and traffic control, stage use, set up, and removal.
Dates of this year's events are July 15th, 22nd, 29th, August 1ih, and September 2nd. The
August 1ih date will be in conjunction with the Roots Cultural Festival. Mr. Barcinski
stated each Summer Nights' date will be treated as separate events.
Prior to the vote, Mr. Levinson asked who the print media sponsor will be.
Mr. Barcinski stated the Palm Beach Post.
Mrs. Ellis moved to approve the Special Event request for the Summer
Nights on the Avenue 2005 program, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - No;
Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 1 vote,
Commissioner Levinson dissenting.
9.C. SPECIAL EVENT REQUESTIDADA'S RESTAURANT 5 YEAR
ANNIVERSARY CELEBRATION: Consider approval of a special event request for
Dada's Five (5) Year Anniversary Celebration to be held on Saturday, July 5,2005 from
7:00 p.m. to 12:30 a.m., waiver ofLDR Section 2.4.6(H) for use ofN.W. 1st Street from
Swinton Avenue to N.W. 1st Avenue; staff support for security and traffic control, street
barricade set up/removal, and trash clean up/removal. Staff recommends denial.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
Sean McGrade, Manager of Dada's restaurant, to hold their Five (5) Year Anniversary
Celebration to be held on Saturday, July 5, 2005, from 7:00 p.m. to 12:30 a.m., to waive
LDR's Section 2.4.6(H) for the use ofN.W. 1st Street from Swinton Avenue to N.W. 1st
A venue, and authorize staff support for security and traffic control, barricading and trash
removal and clean up. Mr. Barcinski stated in his opinion, this request is a private
request for the benefit of a private business. Staff recommends denial of the request;
however, if the Commission chooses to approve the request, staff recommends that it be
approved subject to the conditions as listed in staff's memorandum dated June 16,2005.
Mr. Levinson asked what has been done for others. Mr. Barcinski stated
Boston's restaurant was given a waiver on the parking times. He stated the noise
ordinance was waived until 11 :00 p.m. and the City had granted use of a valet parking
lane for valet for a special function or party but has never blocked an entire street.
Mrs. Archer asked if this is an unusual request because Dada fronts
Swinton A venue and 1 st Avenue. Mr. Barcinski stated Dada's site is very small and they
need room to expand for the celebration. Mrs. Archer asked if this would set a precedent.
Mr. Barcinski stated it is possible, and explained, as opposed to a business on Atlantic
Avenue, this is a small side street with no other businesses and no residential adjoining it.
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Mrs. Ellis asked how easy would it be to get the alcohol waiver extension.
Mr. Barcinski stated the City Manager can grant the waiver to allow the consumption.
He has to get the license extension for an event from the State Division of Alcoholic
Beverages and Tobacco. The State would not consider approval unless the City granted
the waiver and approved the event request first.
Sean McGrade, Manager of Dada's restaurant, stated he would like the
Commission to consider allowing Dada's to hold the event until 12:00 midnight versus
11 :00 p.m.
Mrs. Archer moved to approve the Special Event request from Dada's
Restaurant to hold a Five (5) Year Anniversary Celebration on July 5, 2005, subject to
the conditions listed in staff's memorandum, 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
o vote.
9.D. DESIGNA TION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida
League of Cities' 79th Annual Conference to be held at the Orlando World Center
Marriott in Orlando, Florida on August 18-20,2005.
Mrs. Archer moved to appoint Commissioner Rita Ellis as the voting
delegate to the Florida League of Cities' 79th Annual Conference to be held at the
Orlando World Center Marriott in Orlando, Florida on August 18-20, 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.
9.E. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) regular member to the Civil Service Board for an unexpired term ending July 1,2006.
Based upon the rotation system, the appointment will be made by Commissioner
McCarthy (Seat #4).
Ms. McCarthy moved to appoint Emily Dobard as a regular member to the
Civil Service Board for an unexpired term ending July 1, 2006, seconded by Mr.
Levinson. 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. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint four (4) regular members to the Community Redevelopment
Agency (CRA) for four (4) year terms ending July 1, 2009. Based upon the rotation
system, the appointments will be made by Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), Commissioner Ellis (Seat #1), and Commissioner
Archer (Seat #2).
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Mayor Perlman declared a Conflict of Interest, passed the gavel to Vice
Mayor Levinson and stepped down from the dais.
Vice Mayor Levinson stated he would like to defer his appointment to the
next regular meeting of July 5, 2005.
Ms. McCarthy moved to appoint Dinah Stephenson as a regular member
to the Community Redevelopment Agency (CRA) for a four (4) year term ending July 1,
2009, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - No; Mrs. Archer - Yes; Vice Mayor Levinson - No; Ms. McCarthy - Yes. Said
motion was a tie with a 2 to 2 vote.
The City Attorney read the local rules and stated "if a Commissioner
makes a nomination motion and this motion either fails for a lack of a second or does not
receive a sufficient number of three affirmative votes, then the Commissioner shall have
one additional opportunity to make a secondary nomination for this vacancy at this same
meeting or the next successive regular meeting."
Ms. McCarthy stated she would like to defer her appointment to the next
regular meeting of July 5, 2005.
Mrs. Ellis moved to appoint Evelyn Dobson as a regular member to the
Community Redevelopment Agency (CRA) for a four (4) year term ending July 1,2009,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
Mrs. Archer moved to reappoint James Shuler as a regular member to the
Community Redevelopment Agency (CRA) for a four (4) year term ending July 1,2009,
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.
At this point, Mayor Perlman returned to the dais.
9.G. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority
for a four (4) year term ending July 14, 2009. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson moved to reappoint Angela Randolph as a regular member
to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2009,
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.
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9.H. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint four (4) regular members to the Downtown Development
Authority (DDA) for three (3) year terms ending July 1, 2008 and one (1) regular
member for an unexpired term ending July 1, 2006. Based upon the rotation system, the
appointments will be made by Commissioner Ellis (Seat #1), Commissioner Archer (Seat
#2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor
Perlman (Seat #5).
Mrs. Ellis moved to reappoint Louis Carbone as a regular member to the
Downtown Development Authority (DDA) for a three (3) year term ending July 1, 2008,
seconded by Mrs. Archer. 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.
Mrs. Archer moved to reappoint Richard McGloin as a regular member to
the Downtown Development Authority (DDA) for a three year (3) term ending July 1,
2008, seconded by Mr. Levinson. 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.
Mr. Levinson moved to reappoint Richard Sheremeta as a regular member
to the Downtown Development Authority (DDA) for a three (3) year term ending July 1,
2008, 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.
Ms. McCarthy moved to reappoint David Beale as a regular member to the
Downtown Development Authority (DDA) for a three (3) year term ending July 1, 2008,
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.
Mrs. Ellis moved to appoint Janet Onnen as a regular member to the
Downtown Development Authority (DDA) for an unexpired term ending July 1, 2006,
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.
9.1. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council for
an unexpired term ending October 31, 2007 for Zone Two. Based upon the rotation
system, the appointment will be made by Commissioner Ellis (Seat #1).
Mrs. Ellis moved to appoint Stephen Lampel as a regular member to the
Neighborhood Advisory Council for an unexpired term ending October 31, 2007 for
Zone Two, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
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Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
9.J. VILLAGE OF WELLINGTON AND THE CITY OF DELRA Y
BEACH v. PALM BEACH COUNTY: Authorization to join in the appeal of the
Village of Wellington and the City of Delray Beach, et al. v. Palm Beach County
regarding voluntary annexation procedures and authorization to spend $10,000.00 on the
appeal, if one is filed.
The City Attorney stated staff is requesting authorization to participate in
the appeal if the analysis shows necessity and contribute $10,000.00 towards the appeal.
Mr. Levinson moved to approve to join in the appeal of the Village of
Wellington and the City of Delray Beach, et al v. Palm Beach County regarding
voluntary annexation procedures and contribute $10,000.00 towards the appeal, seconded
by Mrs. Archer. 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 time being 6:49 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 45-05: An ordinance amending Chapter 113,
"Alcoholic Beverages", of the Code of Ordinances, by enacting Section 113.21, "Patron
Age Restriction" to prohibit individuals under the age of twenty-one (21) from entering
alcoholic beverage establishments. If passed, a public hearing will be scheduled for July
5,2005.
The caption of Ordinance No. 45-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 113, "ALCOHOLIC BEVERAGES", BY
ENACTING A NEW SECTION 113.21, "PATRON AGE
RESTRICTIONS"; PROVIDING THAT IT SHALL BE
UNLAWFUL FOR PERSONS UNDER THE AGE OF 21
TO ENTER, PATRONIZE, VISIT, BE ADMITTED TO,
OR ALLOWED ACCESS IN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 45-05 is on file in the City Clerk's
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office. )
The City Attorney read the caption of the ordinance.
Terrill Barton, Assistant City Attorney, stated this ordinance prohibits
individuals under the age of 21 from entering into stand alone bars.
Mrs. Ellis asked how individuals under the age of 21 enter into these
facilities now.
Mrs. Barton stated there is no State Statute that suggests people under the
age of 21 are restricted from entering into bars, only that they cannot be served alcoholic
beverages. However, the State has not pre-empted this area and therefore the City is able
to regulate it further. Mrs. Barton reiterated this ordinance is to minimize underage
drinking.
Mrs. Ellis moved to approve Ordinance No. 45-05 on FIRST Reading,
seconded by Mrs. Archer. 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 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 inauiries.
The City Manager stated with regard to a prior inquiry from Mr. Martinez
about overgrown lots within the vicinity of Southridge Road west of S.W. 4th Avenue, the
City Manager stated Code Enforcement is aware of the vacant properties on Southridge
Road and these are addressed as needed. He stated there are approximately 16 lots with 8
different owners. Code Enforcement Officer Rick Grant has issued violations to all
parties in the last few weeks. The lots need mowing and have grown rapidly because of
the recent rains.
With regard to a prior inquiry from Mrs. Gray about the number of
parking spaces on S.W. 5th Avenue, the City Manager stated originally staff planned for
seven parallel parking spaces between Atlantic Avenue and S.W. 1st Street. However,
three of those spaces were changed into two driveways to serve existing properties.
There will be four parallel spaces in this section.
Mr. Odom raised a number of concerns at the last meeting concerning the
drug activity in his neighborhood. The City Manager stated Lieutenant Sims was to
contact Mr. Odom to discuss what the Police Department was doing in the area, and to
determine exactly what his complaints were and how they can be addressed. The City
Manager stated staff will ensure that Police Officers are at the next homeowners' meeting
in September.
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11.B. From the Public.
11.B.1. Fran Chassen. 4730-D N.W. 4th Street. Delrav Beach. speaking for
herself, as well as on behalf of the Director of Progressive Residents of Delray
(P.R. O.D.), stated some of her friends are retired senior citizens who no longer drive and
cannot attend the meetings. She urged the Commission to consider televising the City
Commission meetings so seniors and many others can be apprised of the meetings and
see the good things that are going on in Delray Beach. Mrs. Chassen suggested that the
Commission approach Adelphia Cable to help with the cost of televising the meetings.
11.B.2. Alice Finst. 707 Place Tavant. Delrav Beach. stated at a previous
meeting someone spoke about posting alternates at the SPRAB and the Planning and
Zoning Board meetings and she too spoke about the same situation. Mrs. Finst stated she
received a letter from the City Manager stating this was not appropriate. She stated the
next SPRAB meeting she attended did not occur due to a lack of a quorum. Mrs. Finst
asked if the decision to not appoint alternates be reconsidered. The items which were to
be discussed on that SPRAB agenda have been moved to SPRAB' s meeting of June 22,
2005 creating a longer meeting with two meetings' worth of work to be considered. In
addition, Mrs. Finst suggested that a Commissioner be assigned to receive the
information or monitor the activities of the Board. Mrs. Finst reiterated that she feels it
would be appropriate to appoint alternates to SPRAB and the Planning and Zoning
Board.
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. 39-05 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR),
Section 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.
The caption of Ordinance No. 39-05 is a follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY 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 NEW SUBSECTION 4.3.3(11),
"SENIOR HOUSING", IN ORDER TO PROVIDE
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06/21/05
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 SAVING 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. 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 LDR text amendment from the Community Redevelopment Agency (CRA) to
allow Senior Housing facilities in the CF zoning district. This amendment also provides
for special requirements for that use and a definition of Senior Housing. The applicant is
proposing to alter the historic La France Hotel and construct a 3,850 square foot two-
story addition to provide a Senior Housing Facility offering 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 regarding this item and after discussing the amendment, the Board voted
4-0 to recommend approval of the proposed amendment.
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding Ordinance No. 39-05, to please come forward at this time.
Diane Colonna, Executive Director of the Community Redevelopment
Agency (CRA), stated the CRA has worked very hard with the Planning and Zoning
Department to make this possible. She stated the La France Hotel is a historic building
that is a non-conforming use in a single family zoning district. The CRA worked with
the neighborhood to determine what would be the appropriate use and allowing senior
housing in the CF zoning district was widely supported by everyone. She urged the
Commission to support this project.
Gerry Franciosa, 939 Eve Street, Delray Beach, stated he feels this is a
wonderful idea and hopes the project will be completed within the next couple of years so
some of the people from Carver Estates can move in.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 39-05, the public hearing was closed.
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06/21/05
Prior to the vote, Mrs. Ellis stated this is an example of the CRA stepping
forward and doing the right thing that will provide long-term benefits to the community
and she appreciates it very much.
Ms. McCarthy echoed comments expressed by Mrs. Ellis and also
commended the participants and the citizens of the City who participated in the multitude
of Charettes. She stated this was one of the needs of the community, and they are now
able to honor that by enforcing it through the CRA, as well as, this Commission and the
City as a whole. Ms. McCarthy inquired about special entertainers who frequented the
facility in a previous era and asked if anyone has established who these people were. Ms.
Colonna stated the CRA had Dottie Patterson from the Delray Beach Historical Society
conducting research and the information will be compiled in a booklet. In addition, they
would like to have pictures and information about the history of the hotel available for
people to read.
Mrs. Archer moved to adopt Ordinance No. 39-05 on Second and FINAL
Reading, 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.
At this point, Ms. McCarthy stated because much of the history of the 5th
A venue corridor was passed from generation to generation, she encouraged anyone from
the public who has stories which have not been recorded by the Spady Museum, to write
them down so people do not get overlooked.
10.B. ORDINANCE NO. 35-05: Rezoning from R-1-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). (Quasi-
Judicial Hearing)
The caption of Ordinance No. 35-05 is a follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-I-A (SINGLE
F AMIL Y RESIDENTIAL) DISTRICT INTO 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 A VENUE), AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
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06/21/05
(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. A quasi-judicial
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Del ray Beach, Florida.
Mayor Perlman declared a Conflict of Interest, passed the gavel to Vice
Mayor Levinson and stepped down from the dais.
Vice Mayor Levinson read into the record the procedures for a Quasi-
Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-150 into the record.
Mr. Dorling stated this property contains the 4,028 square foot La France
Hotel which is currently used as a 16-room boarding house with two (2) full bathrooms
on each floor. The two-story structure was built in 1947 in the Masonry Vernacular style
and is considered a contributing building within the West Settlers Historic District. The
applicant, the CRA, is proposing to alter the extant historic building and construct an
addition to provide a Senior Housing Facility which will offer affordable housing units
for residents of 60 years and older. A rezoning from R-1-A (Single Family Residential)
to CF (Community Facilities) to accommodate this change is therefore requested.
At its meeting of May 23, 2005, the Planning and Zoning Board, held a
public hearing in conjunction with the request and after discussing the proposal, the
Board voted 4-0 to recommend approval of the rezoning. At its meeting of April 28,
2005, the CRA Board reviewed and recommended approval of the proposed rezoning.
Diane Colonna, Executive Director of the Community Redevelopment
Agency (CRA), is available for questions.
Vice Mayor Levinson stated if anyone from the public would like to
address the Commission regarding Ordinance No. 35-05, to please come forward at this
time. There being no one who wished to address the Commission regarding Ordinance
No. 35-05, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 35-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
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06/21/05
Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes.
Said motion passed with a 4 to 0 vote.
10.B.1. CONDITIONAL USE REQUEST/LA FRANCE HOTEL: Consider a
request to allow the establishment of a Senior Housing Facility which includes the
conversion of and a two (2) story addition to the La France Hotel, an existing boarding
house, to accommodate eight (8) efficiency units and six (6) I-bedroom units, located on
the west side ofN.W. 4th Avenue between N.W. 1st Street and Martin Luther King, Jr.
Drive (N.W. 2nd Street). (Quasi-Judicial Hearing)
Mayor Perlman declared a Conflict of Interest, passed the gavel to Vice
Mayor Levinson and left the dais.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-151 into the record.
Mr. Dorling stated this relates to the previous two Agenda items. This is
the Conditional Use request to establish the Senior Housing Facility. He stated the
criteria which was part of the LDR amendment the Commission recently approved, has
been met. The conditional use findings are also in the staff report.
At its meeting of May 23, 2005, the Planning and Zoning Board held a
public hearing on the proposed conditional use. The Board recommended approval of the
conditional use by a vote of 4 to O.
Mrs. Ellis moved to approve the Conditional Use request to allow a Senior
Housing facility within the CF (Community Facilities) zoning district, based upon the
findings and recommendation of the Planning and Zoning Board, seconded by Mrs.
Archer. 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.
10.C. ORDINANCE NO. 40-05 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR),
Section 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.
The caption of Ordinance No. 40-05 is a 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 SECTION
4.4.18, "PLANNED COMMERCE CENTER (PCC)
DISTRICT", TO ADD VOCATIONAL AND COMMERCIAL
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06/21/05
SCHOOLS WITHIN THE SERVICE INDUSTRY LAND USE
CATEGORY OF THE PLANNED COMMERCE CENTER
(PCC) ZONING DISTRICT AND ADDING SUPPLEMENTAL
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 Planned Commercial Center (PCC) zone district regulations
and has been requested to allow vocational schools in the Service industry land use
component of the PCC. The school wishes to occupy/purchase two bays totaling
approximately 5,519 square feet within the Congress Commerce Center development.
The school services students between 16-21 years old and currently has 24 students
enrolled. The school 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 vocational
programs. The vocational school use is allowed in the PCC district but it is limited to the
office component of that district.
At its meeting of May 23, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was public testimony in both support
and opposition to the proposal. The Congress Commerce Center Condominium
Association expressed concerns with regard to parking and the automotive repair aspects
of the school. The Board felt 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. This included the requirement that all
vehicles would be stored inside and that to mitigate noise and appearance issues, require
that overhead doors remain in a closed position so it would not negatively impact the
park. With the supplementary regulations, the Board voted 4-0 (Kincaide, Morris &
Zacks absent) to recommend approval.
Mayor Perlman declared the public hearing open.
Dr. Ronald Fisher, 601 N. Congress Avenue, Suite #401, Delray Beach,
President of the Congress Commerce Center Condominium Association, expressed
concern over the parking and feels there is not enough parking spaces for the complex.
Fred Glass, employed with the Delray Beach Police Department and
Chairman of the Delray Youth Vocational Charter School, stated the parking spaces were
established based on the site plan which has definitive parking use based on the building
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06/21/05
requirements. He stated based on the use of the previous owner 22 parking spaces were
required. Based on the City's plan, one space is allotted for every five students which
totals 20 parking spaces based on the intended use. Mr. Glass stated 2 parking spaces
would revert back to the complex. He stated the school does not fix cars but teaches
programs on automotive. He stated the previous owner of the building manufactured
furniture using a highly flammable plastic resin to make stone-like faces on the furniture.
Mr. Glass stated he does not see how a school would increase the insurance cost when
another tenant was spraying a highly flammable item within the facility. He stated they
do not intend on storing any products in the complex.
Mr. Levinson moved to adopt Ordinance No. 40-05 on Second and FINAL
Reading, 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.
10.D. 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-1-
A (Single Family Residential) for a 0.978 acre parcel of land located south of West
Atlantic A venue, approximately 2,000 feet west of Homewood Boulevard within the
Hamlet Residential Development. (Quasi-Judicial Hearing)
The caption of Ordinance No. 34-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS CONTAINED
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 PRESENTLY 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 AVENUE AND HAMLET DRIVE, AS MORE
PARTICULARLY 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. )
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06/21/05
The City Attorney read the caption of the ordinance. A quasi-judicial
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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-152 & #2005-153 into the record.
Mr. Dorling stated the subject property is a 0.978 acre parcel in the
Hamlet subdivision and IS an undeveloped/unplatted remnant of the residential
community. The subject property was rezoned from R-1-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 residences.
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. The Board recommended approval with a 4-0 vote (Kincaide, Morris
and Zacks absent).
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of Ordinance No. 34-05, to come forward at this time.
Shelly Weil, 925 Greensward Lane, Delray Beach, currently serving as the
President of The Hamlet Residence Association and Chair of the Property Review for the
Hamlet Country Club, stated the property is actually a total of 2.1 acres and contains
numerous trees which the State has required to be removed with no set time limit. The
property is between two fairways and contains predominantly Florida Holly (Brazilian
Pepper) and Australian Pine. The Hamlet is requesting that the purchaser of the property
remove the trees mentioned and that two new homes be placed on the property which
they feel will enhance the Hamlet. He urged the Commission to support the ordinance.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 34-05, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 34-05 on Second and FINAL
Reading, 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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06/21/05
10.E. RESOLUTION NO. 40-05: Consider approval of Resolution No. 40-05
authorizing the City to purchase property located at 850 North Congress Avenue to
provide land for a Senior/Community Center; and Contract for Sale and Purchase
between the City and Alzheimer's Disease and Related Disorders Association -
Southeast Florida Chapter, Inc., D/B/A Alzheimer's Association Southeast Florida
Chapter in the amount of$4,750,000.00.
The caption of Resolution No. 40-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF
DELRA Y BEACH, FLORIDA; PROVIDING FOR A
PUBLIC HEARING AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 40-05 is on file in the City Clerk's
office. )
The City Attorney stated this resolution concerns the purchase of the
current Alzheimer's property on the northwest corner of Lake Ida Road and Congress
A venue. The City Attorney stated staff received a signed contract today and this item is
before Commission for consideration for the Community Center.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Resolution No. 40-05, the public
hearing was closed.
Prior to the vote, Mayor Perlman thanked the City Attorney and City staff
for their hard work. The City Attorney thanked Bill Plum and Patrick Moran for their
assistance. Mr. Levinson also thanked Sam Ferreri and Mark Pafford. Ms. McCarthy
thanked Mr. Levinson as well.
Mrs. Archer moved to approve Resolution No. 40-05, 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.
10.F. 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
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06/21/05
for enforcement.
The caption of 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 1 00.22, "CONTENT AND
FORM OF NOTICE", TO CLARIFY NOTICE
REQUIREMENTS; BY 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 WITHIN 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
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06/21/05
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. )
At this point, Ms. McCarthy stepped away from the dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Mayor Perlman declared the public hearing open.
Susan Weinstein, 512 N.W. 9th Street, Delray Beach, thanked the City of
Delray Beach for having the Australian Pine trees cut back so limbs did not fall in the
street. Mrs. Weinstein stated last year during the hurricane season a neighbor's
Australian Pines fell on her house (she distributed photographs to the Commission).
There being no one else who wished to address the Commission regarding
Ordinance No. 41-05, the public hearing was closed.
Prior to the vote, Mayor Perlman thanked Mrs. Weinstein, Mrs. Bowman,
and the City Attorney's office for their advocacy regarding this issue.
Mrs. Archer moved to adopt Ordinance No. 41-05 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 4 to 0 vote.
10.G. ORDINANCE NO. 42-05: City initiated amendment to Land
Development Regulations (LDR), Appendix "A", "Definitions", to enact a new definition
of "Restaurant" .
The caption of Ordinance No. 42-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY 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
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06/21/05
ENACTING A NEW DEFINITION FOR
"RESTAURANT (BONA FIDE)"; PROVIDING A
SAVING 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. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 42-05, the public
hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 42-05 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said
motion passed with a 4 to 0 vote.
10.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.
The caption of Ordinance No. 38-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY 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 SAVING 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. )
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06/21/05
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance is
adding the definition of "lowest floor" which was identified by the Department of
Community Affairs (DCA) as a requirement to meet the minimum criteria for the
National Flood Insurance Program (NFIP). Mr. Dorling stated the required findings of
LDR Section 2.4.5(M)(5) are made and the proposal is consistent with the Future Land
Use Element Policy A-5.3.
At its meeting of May 23, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment and after discussion the Board voted 4-0
(Kincaide, Morris, Zacks absent) to recommend approval of the proposed amendment.
Mayor Perlman 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.
Mr. Levinson moved to adopt Ordinance No. 38-05 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 7:35 p.m., the Commission reopened Item 11,
Comments and Inquiries on Non-Agenda Items from the Public.
11.B.3. Kevin Warner. 248 Venetian Drive. Delrav Beach. inquired about the
upcoming budget season and the tax rate for City residents. He stated there is going to be
$5 million in revenue for the City to spend and asked how the Commission feels about
holding or cutting taxes. Mr. Warner suggested that the Commission consider refunding
some of this money back to the taxpayers. He reiterated that he would like to know how
the Commission feels about receiving more money because of the exploding real estate
market and what their thoughts are regarding the overall budget.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Mana2er
The City Manager stated the Innovation Conference this year was very
good and the speakers were outstanding. He stated next year's conference is in Dayton,
Ohio around the end of May.
Secondly, he stated the Environmental Services Department received an
award for the System Control and Data Acquisition (SCAD A) work that has been done.
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06/21/05
13.B. City Attornev
The City Attorney stated she and the City Manager attended the Palm
Beach County Commission Meeting this morning and the vote was not favorable (5 to 1
vote) to Boca or Delray. Therefore, she stated staff will proceed with the mediation
process.
13.C. City Commission
13.C.1. Mrs. Archer
Mrs. Archer stated there will be a Miracle League Press Conference on
Friday, July 15, 2005 at 1:00 p.m. at Miller Park to announce the beginning of
fundraising and programs that are being put forth to raise funds to build the Miracle Field
for the handicapped. Mrs. Archer stated when it is completed the Commission will
receive a copy of the packet with the information. She asked if it is okay to include a list
of the Commissioners and their contact numbers through the City and thanked the
Commission for supporting the Miracle Field.
13.C.2. Mrs. Ellis
Mrs. Ellis stated the Miracle Field is a great project.
13.C.3. Ms. McCarthv
Ms. McCarthy stated she attended the 3rd Anniversary at the First Baptist
Church Foundation of the Apostles and the City was represented by Bill Adams,
Assistant Fire Chief, Officer Johnny Pun and Ivan Ladizinsky, Public Information
Officer. She stated the event was well attended and the food was wonderful.
Secondly, Ms. McCarthy stated she attended a fundraiser that former NFL
football player Ricky Jackson held for children in West Palm Beach. Sheriff Ric
Bradshaw was one of the speakers. She felt it is very heartening these young men honor
their High School coaches from Pahokee, Belle Glade, and South Bay. She stated this
group will also be doing a golf tournament fundraiser on July loth for the Little Brave
Fighter.
13.CA. Mr. Levinson
Mr. Levinson stated he had the opportunity yesterday to attend the Mae
Volen Senior Center which was hosting the United States Secretary of Health and Human
Services and Michael Leavitt (former Governor of Utah) talked about the new
prescription drug benefit. Mr. Levinson stated on January 1, 2006, there will be a new
prescription drug insurance policy that will be heavily subsidized based on income. They
are very anxious to get the word out to senior citizens. He stated he discussed with them
- 25 -
06/21/05
the opportunity to include the information in the News for Neighborhoods and/or on the
water bills.
He stated he had the opportunity to spend the weekend at Leadership
Florida's Annual Event which includes 1,200 leaders from around the State. He stated
Delray Beach is being praised all over the State for the great things that are being done
here.
Mr. Levinson stated when he was at the Leadership Florida Event and
checked into the hotel he received a packet from St. Petersburg's cultural community
which included copies of various literature on the different museums they have in their
downtown along with maps, etc. He stated this is the kind of thing that Delray is looking
into for its cultural facilities to promote attendance.
Lastly, Mr. Levinson congratulated Chevelle D. Nubin, City Clerk, who
will soon be a new mom.
13.C.5. Mavor Perlman
Mayor Perlman stated he went to the Neighborhood Advisory Council
(NAC) meeting last night and it was very nice. He asked to be placed on the Agenda to
discuss Global Issues and this is something he is hoping to have the opportunity to do on
a regular basis with the group.
He wished Chevelle D. Nubin, City Clerk, well in motherhood.
He commented about the information in last week's packet sent by
Michael Weiner regarding Fort Lauderdale's Downtown Master Plan. They talked about
great cities and great downtowns and mentioned Barcelona, Rome, Amsterdam, and
Delray Beach with a photograph of Atlantic A venue in their Plan.
Mayor Perlman stated he was at the theatre in West Palm Beach on
Clematis Street Saturday evening and when he came out to get his car, which had been
valet parked, there was no valet in sight. The valet was later found several blocks away.
He stated there was no one downtown and commented it is very important to always keep
working on the downtown. Mayor Perlman stated there was a huge investment in
Clematis but there is absolutely no vibrancy. He stated at approximately 11 :00 p.m., he
drove up A-1-A to Atlantic Avenue and it was very bustling and full oflife. He feels this
adds immeasurably to the quality of life and having the downtown housing is critical.
He asked that staff (i.e. Bob Barcinski and Lula Butler) become more
actively involved in the Cultural Plan.
There being no further business, Mayor Perlman declared the meeting
adjourned at 7:55 p.m.
- 26-
06/21/05
r--
-~~
Hot,' ~ City Clerk
AT~ l tz
MAYOR
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 21, 2005, which Minutes were formally approved and adopted by the City
Commission on July 5, 2005
;- ~ liu4fD.,
¡
11 c*i ~ ity Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
r
I
I
I
- 27-
06/21/05
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-
;OUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
-
.A IAME-FIRST NAME~IOOLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR. COMMITTEE
Perlman, Jeffre L. Delra Beach Cit Commission
tAAIlING ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORIiY OR COMMITTEE ON
Delra Lakes Drive WHICH I SERVE IS A UNIT OF:
COUNTY ~ CITY a COUNTY a OTHER lOCAL N38C(
NAME OF POLmCAL SUBDIVISION: City of Delray Beach
OATE ON WHICH VOTE OCCURRED f<K'( POSITION IS:
June 21, 2005 II ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 88
This foem 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
conftict 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 fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
-
i 31SOO holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
i as to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voüng 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 toss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter. husband, wife, brother, sister, father-llHaw,
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
ere not listed on any national or regional stock exchange).
· . . . . . . * * . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the foon in the minutes.
· . . * . . . * * * * * * . * *
APPOINTED OFFICERS:
ðIIf10ugh you must abstain from voting in the situations described above, you othelWise may participate in these matters. However. you
st disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made
you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
· You must complete and file this foon (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. 1/2000 ITEM 9A PAGE 1
APPOINTED OFFICERS (continued) -
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read pubflcly at the next meeting after the form is filed. I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conftict 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 alter the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Jeffrey L. Perlman , hereby disclose that on June 21 .20~:
(a) A measure came or will come before my agency which (check one)
I _ Inured to my special private gain or loss;
I
_ inured to the special gain or loss of my business associate. ·
·
-X. inured to the special gain or loss of my relative, Diana Colonna ·
·
_ 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. I
(b) The measure before my agency and the nature of my confticting interest In the measure is as follows: ,
Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
6/21/05
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317,·A FAILURE TO MAKE ANY REQUIRED DISCLOSURE -
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000 PAGE 2
'- FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I :IT NAtÆ-FIRST NAME~IDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR. COMMITTEE
~erlman, Jeffrey L. Delray Beach City Commission
MAlUNG ADDRESS THE BOARD. COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHCH I SERVE IS A UNIT OF:
CITY COUNTY Vcnv [J COUNTY [J OTHER LOCAl AGENCY
1\øl......... Beach . Florida 33444 Palm Beach NAME OF POlITICAl SUBDIVISION.
DATE ON wtUCH VOTE OCCURRED City of Delray Beach
June 21, 2005 MY POSITION IS:
XII ElECT1VE [J APPOINTIVE
WHO MUST FILE FORM 88
This fonn Is for use by any person serving at the county, city, or other local level of govemment 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 gready depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
-
\ person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
1UI'8S to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
~re which Inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "'relative· includes only the officer's father. mother, son, daughter, husband. wife. brother, sister, father-in-law.
mother-in-law, son-In-law, and daughter-in-law. A ·business associate· means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
· . . . . . . . . . . . * * . .
ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting. who should Incorporate the form In the minutes.
· . * . . . . . . * * . . . * .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations desaibed above, you othefwise may participate in these matters. However, you
-nust disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made
)'j 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 inftuence 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 8B - EFF.1/2000 Item 9F PAGE 1
APPOINTED OFFICERS (continued)
---,
. A copy of the form must be provided immediately to the other members of the agency.
· The fonn must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file It within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incorporate the fonn in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrev Perlman . hereby disclose that on June 21 , 2005.-:
(8) 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, Di;¡¡na Colonna ;
_ Inured to the special gain or loss of , by
whom I am retained; or
_ Inured 10 the special gain or loss of , which
Is the parent organization or subsidiary of a principal which has retained me. l
(b) The measure before my agency and the nature of my conflicting Interest In the measure Is as follows:
Diane Colonna, my wife, is Director of the Community Redeve10paent Agency (eRA.).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
6/21/05
Date Flied
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIRED DiSCLOSURE -
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND. OR A
CIVIL PENAL TV NOT TO EXCEED $10.000.
œ FORM 8B - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
- COUNrt MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
ST NAME-FIRST NAME-MIOOLE NAME NAME OF BOARD, COUNCIl, COMMISSION. AUTHORITY, OR COMMITTEE
Perlman, Jeffrey L.
MAlUNG ADDRESS THE . COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON
971 De1ra Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY a COUNTY a OTHER LOCAL AGENCY
De1a Beach Florida 33444 Pa1m Beach NAME OF POl/TICAl. SUBOMSION:
Cit of Delra Beach
DATE ON WHICH VOTE OCCURRED 6/21/05 MY POSITION IS:
I( ElEC11VE a APPOINTIVE
WHO MUST FILE FORM 88
This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council.
commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest win 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 fann.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
-
. person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
1Ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
..ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F .5.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a *relative* includes only the officer's father, mother, son, daughter. husband, wife, brother, sister, father-in-law,
mother-in-law, son-In-law, and daughter-in-law. A *business associate" means any person or entity engaged In or canylng on a business
enterprise with the officer as a partner. joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
· . . . . . . . * * * * * * . *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting. who should Incorporate the fonn in the minutes.
· . . * * * * * * . * . . * * .
APPOINTED OFFICERS:
Although you nwst abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
t disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
>y you or at your direction.
IF YOU INTEND TO MAKE ~Y ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this fonn (before making any attempt to inftuence the decision) with the person responsibfe for recording the
minutes of the meeting, who wUllncorporate the fonn in the minutes. (Continued on other side)
œ FORM 88 - EFF. 1/2000 Item 10.B PAGE 1
APPOINTED OFFICERS (continued)
-
· A copy of the form must be provided Immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the 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 lnoorporate the form In the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER1S INTEREST
I. .Jeffrey Perlman , hereby disclose that on June 21 .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, ni~np. Colonna ·
·
_ 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. I
(b) The measure before my agency and the nature of my conflicting Interest in the measure is as follows: ¡
ì
Diane Colonna, my wife, is Director of Càmmunity Redevelopaent Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
,
.
~
-,r
,"jI
....It,#
6/21/05
Date Filed
"t.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE ~
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAl. OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRiMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 8B. EFF. 1/2000 PAGE 2
t FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-- COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Sf NAME-FIRST NAME~IOOlE NAME NAME OF BOARD, COUNCIl, COMMISSION, AUTHORITY, OR COMMITTEE
Perlman, Jeffrey L. Delray Reach City Commission
MAlUNG ADDRESS THE BOARD, COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHCH I SERVE IS A UNIT OF:
CITY COUNTY nil CITY a COUNTY a OTHER lOCAL AGENCY
Delrav Beach. Florida 33444 Pilla Beach NAME OF POlITICAl.. SUBOMSION:
City of Dëlray Beach
DATE ON WHICH VOTE OCCURRED June 21, 2005 MY POSITION IS:
n ElECTIVE a APPOINTIVE
WHO MUST FILE FORM 88
This fann 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-advÎSory bodies who are presented with 8 voting
conßict 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 fonn before
completing the reverse side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
~,person holding elective or appointive county. municipal, or other local public office MUST ABSTAIN from voting on a measure which
lures to his or her special private gain or loss, Each elected or appointed local officer also is prohibited from knowingly voting on 8 mea-
_ure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (Including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a -relative" includes only the officer's father. mother, son, daughter, husband, wife, brother, sister, father-in-law.
mother-in-law, son-In-law, and daughter-in-law. A -business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
. . . . . * * . . . . . * * . .
ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above. you must disclose the conßict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form In the minutes.
. . . . . . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
ust disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made
IV you or at your direction.
.F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIll BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will Incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 Item 10.B.l PAGE 1
APPOINTED OFFICERS (continued)
-
· A copy of the form must be provided Immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the 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 form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrev PerIman , hereby disclose that on June 21 ,20~:
(8) A measuI9 came or win come before my agency which (check one)
_ Inuted 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 Colonna .
,
_ Inured to the special gain or loss of ,by
whom I am retained; or
_ inured to the special gain or toss of , which
i8 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: i
I
Diane Colonna, my wife, is Director of the Commmity Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community Redevelopment
Agency.
6/21/05
Date Flied
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE -
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVil PENALTY NOT TO EXCEED $10,000.
œ FORM 88 - EFF. 112000 PAGE 2