07-05-05 Minutes
JULY 5. 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 6:05 p.m., Tuesday, July 5, 2005.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Ab sent - Susan Ruby, City Attorney
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, Assistant City Attorney
Janet K. Whipple, Acting City Clerk
~. The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
~. 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 6.B., Rotarv Rota- Read-a-
Thon Proclamation and Item 12.B., Ordinance No. 36-05 has been removed due to the
applicant's request.
Also, Mr. Levinson requested that Item S.P.l, Award of Bids and
Contracts be moved from the Consent Agenda to the Regular Agenda as Item 9.A.1.
Mrs. Archer moved to approve 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 21, 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.
07/05/05
6. PROCLAMA TIONS:
6.A. Reco2:nizin2: Bahamian Indeoendence Dav
Mayor Perlman read and presented a proclamation hereby proclaiming
July 10, 2005 as Bahamian Independence Day in Delray Beach. Bishop RL. Howard
came forward to accept the proclamation and thanked the City Commission and the City
Manager for their support.
6.B. Rotary's Rota- Read-a- Thon
Mayor Perlman read and presented a proclamation hereby proclaiming
July 8, 2005 as Rotary's Rota-Read-a-Thon Day. Betsy Owen came forward to accept
the proclamation and thanked the City Commission for their support.
7. PRESENTATIONS:
7.A. Government Finance Officers Association - Distin2:uished Bud2:et
Presentation Award
Mayor Perlman presented the 16th Government Finance Officers
Association - Distinguished Budget Presentation Award to Yvonne Walker,
Financial/Compliance Officer for the Finance Department.
8. CONSENT AGENDA: City Manager Recommends Approval.
8A. FINAL BOUNDARY PLAT APPROVAL/CORAL TRACE OFFICE
PARK PLAT: Approve the boundary plat for Coral Trace Office Park, located on the
northwest corner of Atlantic A venue and Coral Trace Park Boulevard.
8.B. RESOLUTION NO. 43-05/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 43-05 abandoning the north 143.5 feet of the west 16 feet of the
alley right-of-way of Block 73, located at the southeast corner ofN.E. 4th Street and N.E.
18t A venue, within the Pineapple Grove Shops.
The caption of Resolution No. 43-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, VACATING
AND ABANDONING THE NORTH 143.5' OF THE
WEST 16' OF BLOCK 73, SUBDIVISION OF BLOCK
73, LOCATED AT THE SOUTHEAST CORNER OF NE
4TH STREET AND NE 1ST AVENUE, AS MORE
PARTICULARL Y DESCRIBED IN EXHIBIT "A".
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07/05/05
(The official copy of Resolution No. 43-05 is on file in the City Clerk's
office. )
8.C. RESOLUTION NO. 44-05/TERMINATION OF AGREEMENT/
ACCEPTANCE OF RIGHT-OF-WAY DEED: Approve Resolution No. 44-05
terminating the agreement dated June 12, 1961 and accept and approve the right-of-way
deed associated with the Pineapple Grove Plaza (Old Publix Site on N.E. 2nd Avenue).
The caption of Resolution No. 44-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
TERMINATING THE AGREEMENT DATED JUNE 12,
1961, RECORDED IN OFFICIAL RECORDS BOOK 643,
PAGE 609, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 44-05 is on file in the City Clerk's
office. )
8.D. RESOLUTION NO. 45-05/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 45-05 abandoning a portion of Avenue "K" lying west of the
west right-of-way line for South Federal Highway.
The caption of Resolution No. 45-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF AVENUE "K"
RIGHT-OF-WAY (ROW) LOCATED WEST OF THE
WEST RIGHT-OF-WAY LINE FOR U.S. HIGHWAY
NO. 1 AND EAST OF THE EAST RIGHT-OF-WAY
LINE FOR OLD DIXIE HIGHWAY, LESS THE WEST
50' THEREOF, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", BUT RESERVING AND
RETAINING TO THE CITY A UTILITY EASEMENT
OVER NORTH 10' OF THAT PORTION OF AVENUE
"K", AS MORE P ARTICULARL Y DESCRIBED IN
EXHIBIT "B".
(The official copy of Resolution No. 45-05 is on file in the City Clerk's
office. )
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8.E. ACCEPTANCE OF EASEMENT DEED/STERLING BANK:
Approve and accept an easement deed associated with Sterling Bank, located at the
southwest corner of S.E. 6th Avenue (Northbound Federal Highway) and S.E. 9th Street.
8.F. FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDAP) GRANT/MIKE MACHEK BOY SCOUT PARK:
Authorization to apply for a grant from the Florida Recreation Development Assistance
Program (FRDAP) in the amount of $200,000.00 for the Mike Machek Boy Scout Park.
8.G. AMENDMENT NO. I/LEASE AGREEMENT/LAKE IDA PARK:
Approve Amendment No. 1 to the lease agreement between the City and Palm Beach
County to extend our current lease from 25 years to 30 years to be eligible for a Florida
Recreation Development Assistance Program (FRDAP) grant in the amount of
$200,000.00 for renovations of Lake Ida Park (11th Street).
8.H. CHANGE ORDER NO. I/FINAL PAYMENT/ENCO. LLC: Approve
Change Order NO.1 in the amount of a $4,386.21 decrease, and final payment in the
amount of $19,905.49 to ENCO, LLC for the Lifeguard Towers Phase II Project.
Funding is available from 334-6112-572-62.14 (General Construction Fund/Lifeguard
Towers).
8.1. CHANGE ORDER NO. I/FINAL P A YMENTIEXETER
ARCHITECTURAL PRODUCTS: Approve Change Order NO.1 in the amount of a
$5,425.15 decrease, and final payment in the amount of$3,839.06 to Exeter Architectural
Products for the Police Hurricane Shutters Project. Funding is available from 334-6111-
521-62.10 (General Construction Fund/Buildings).
8.J. CONTRACT ADDITION/RANDOLPH & DEWDNEY
CONSTRUCTION. INC./FIRE APPARATUS MAINTENANCE
BUILDINGIPOMPEY PARK GYMNASIUM: Approve a Contract Addition to
Randolph and Dewdney Construction, Inc. on the Fire Apparatus Maintenance Building
Project in the amount of $217,208.30 for the emergency re-roofing of the Pompey Park
gymnaSIUm. Funding is available from 334-4172-572-46.10 (General Construction
Fund/Building Maintenance).
8.K. SERVICE AUTHORIZATION NO. I/KEITH AND SCHNARS. P.A.:
Approve Service Authorization No. 1 to Keith and Schnars, P.A. in the amount of
$166,500.00 for design of infrastructure improvements for the Osceola Park
Neighborhood Improvements Proj ect. Funding is available from 334-3162-541-65.85
(General Construction Fund/Osceola Park) and 442-5178-536-65.85 (Water/Sewer
Renewal & Replacement Fund/Osceola Park).
8.L. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2005-
2: Formally initiate Comprehensive Plan Amendment 2005-2 pursuant to Section 9.2.1
of the Land Development Regulations.
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8.M. UNITED STATES FIRE ADMINISTRATION/STAFFING FOR
ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT:
Authorization to apply to the United States Fire Administration for a Staffing for
Adequate Fire and Emergency Response (SAFER) Grant in the amount of $400,000.00
with a City match of $922,709.00 to provide three (3) additional personnel for the Fire-
Rescue Department for a five (5) year period.
8.N. CONSENT TO ASSIGNMENT/DEERFIELD LINEN SERVICE:
Approve Consent to Assignment of agreement from Deerfield Linen Service to Bayview
Linen Company; Deerfield Linen Service was purchased by Bayview Linen.
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period June 20, 2005 through July 1, 2005.
8.P. AWARD OF BIDS AND CONTRACTS:
1. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1.
2. Purchase awards to Duval Ford North in the amount of$120,954.00,
Classic Chevrolet in the amount of $12,248.00, and Wesco Turf
Supply in the amount of$33,128.00 for a total award of$166,330.00
via the Florida Sheriffs' Association Contract #04-12-0823 and the
State of Florida Contract #515-630-03-1 for the replacement of eight
(8) City vehicles. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
3. Purchase award to National Waterworks in the amount of$21,337.56
for water main pipe materials for the N.E. 5th Street and N.E. 6th
StreetIPalm Trail Water Main Improvements Project; and approve
rescinding P.O. #623499 to Ferguson, Inc. in the amount of
$16,316.45 which was previously issued for the same material
purchase. Funding IS available from 442-5178-536-63.50
(Water/Sewer Renewal & Replacement Fund/Water Main
Rehabilitation).
4. Purchase award to Data Flow Systems in the amount of $35,845.00
for replacement radio telemetry components to restock inventory
depleted as a result of last year's hurricanes. Funding is available
from 442-5178-536-64.90 (Water/Sewer Renewal & Replacement
Fund/Other MachineryÆquipment).
5. Purchase award to Bennett Fire Products in the amount of
$21,762.40 via the Lake County Contract #02-010A for the purchase
of sixteen (16) sets of replacement fire fighting personal protective
clothing. Funding is available from 001-2311-522-52.22, 001-2313-
522-52.22, 001-2315-526-52.22, and 001-2317-522-52.22 (General
Fund/U niforms/Linen).
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6. Purchase award to GameTime in the amount of $37,914.30 via
Florida State Contract #650-001-04-1 for playground equipment for
the Catherine Strong Park. Funding is available from 338-4150-572-
62.59 (2004 G.O. Bond/ Building/Catherine Strong Center).
7. Bid award to Bermuda Landscape Services D/B/A Southeastern
Irrigation in the amount of $140,582.50 for irrigation, landscaping,
and one (1) year maintenance contract for the Rainberry Woods
Strategic Task Team Neighborhood Improvement Plan. Funding is
available from 334-6130-541-43.25 ( General Construction
FundINeighborhood Enhancements/Sprinkler Systems).
8. Purchase award to Contemporary Controls & Communications, Inc.
in the amount of $75,419.22 for the purchase of seven (7) Scorpio
Radio Remote Irrigation Units and four (4) Irrinet Hub Field Units
for various locations throughout the City. Funding is available from
119-4151-572-64.90 (Beautification Trust Fund/Other
MachineryÆquipment ).
Ms. McCarthy moved to approve the Consent Agenda as amended,
seconded by Mrs. Ellis. 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. REGULAR AGENDA:
9.A.1. Purchase award to Motorola in the amount of $58.000.00 for the
purchase of an additional forty (40) mobile and forty (40) in-house Mobile Di2:ital
Terminal (MDT) software clients for the Police Department. Fundin2: is available
from 001-2113-521-66.10 (General Fund/Software)
Mr. Levinson declared a Conflict of Interest and stepped down from the
dais.
Ms. McCarthy moved to approve the purchase award to 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.
9.A. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS
CULTURAL FESTIVAL. INC.: Consider approval of a request to advance funding in
the amount of$12,500, which will be reimbursed to the City through Palm Beach County
grants, to the Roots Cultural Festival, Inc. for their event to be held August 12-14, 2005.
Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund).
Mr. Levinson returned to the dais.
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07/05/05
Robert A. Barcinski, Assistant City Manager, stated staff received a
request from Ms. Elizabeth Wesley on behalf of the Roots Cultural Festival, Inc. to
advance $12,500 that has been committed by two Palm Beach County Commissioners for
funding of this year's Roots Cultural Festival. Staff recommends approval of the request.
Ms. McCarthy moved to approve to advance the amount of County grant
funds committed to the Roots Cultural Festival, Inc. in the amount of $12,500, 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.
9.B. CONDITIONAL USE REQUEST/BANK UNITED OF
DOWNTOWN DELRA Y: Consider a request to allow the establishment of a financial
institution, Bank United of Downtown Delray, within the Central Business District
(CBD), located at the northwest corner of East Atlantic Avenue and N.E. 4th Avenue.
(Quasi-Judicial Hearing)
Mayor Perlman read the procedures for a Quasi-Judicial Hearing for this
item and all subsequent Quasi-Judicial items.
Janet Whipple, Acting 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. Ms. McCarthy stated she has a discussion with Michael Weiner and the
bank representative. Mayor Perlman stated he had a conversation with Michael Weiner.
Mrs. Ellis stated she spoke with Michael Weiner and a bank representative. Mrs. Archer
stated she too spoke with Michael Weiner and a bank representative. Mr. Levinson stated
he too spoke with Michael Weiner and a bank representative.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-198 into the record.
The request is to establish a bank (Bank United) in an existing retail
building along Atlantic Avenue. No drive-thru or ATM teller machine facilities are
proposed. The business will occupy 3,567 square feet on the ground floor of the existing
4,800 square feet retail structure formerly occupied by Huber Drugs. The balance of the
ground floor will be occupied by a retail use. Business hours will be from 8:30 a.m. -
5:30 p.m. Monday-Friday and 8:30 a.m.-l:OO p.m. on Saturdays and the bank will be
closed on Sundays. Mr. Dorling stated positive findings are made with respect to some
of Chapter 3 more particularly the Future Land Use Map amendment and Concurrency.
However, the required findings cannot be made as this application is not consistent with
Future Land Use Element Policy C-4.1. Mr. Dorling stated banking facilities in the CBD
(Central Business District) are allowed as a conditional use but are not necessarily
appropriate in all areas of the CBD. One of these areas staff feels is along Atlantic
A venue where the emphasis is on retail and restaurant uses on the ground floor. The
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Comprehensive Plan favors retail rather than office uses at the street level; thus locating a
bank at this location does not meet the intent of this policy. The establishment of the
bank conflicts with the City's effort to have a pedestrian friendly streetscape which is
further reinforced by the adopted Downtown Master Plan. Staff also finds this to be
inconsistent with the Cluster Study.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing and significant discussion evolved around the impact of an office use
along the predominant retail corridor. As an attempt to reach a compromise, the Board
recommended approval with some conditions that would make this use more retail. At its
meeting of June 9, 2005, the Community Redevelopment Agency (CRA) reviewed the
conditional use request and recommended denial of the proposal by a vote of 3-2. There
was significant discussion about the use conflicting with the City's effort to provide a
pedestrian friendly retail streetscape. At its meeting of June 13, 2005, the Downtown
Development Authority (DDA) reviewed the proposal and had similar discussions as the
CRA and recommended denial.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, referenced LDR Section 4.4.13 and Chapter 3. He stated Chapter
3 has three subparts: (1) Consistency with the Future Land Use Map, (2) Concurrency
and (3) Compatibility. Mr. Weiner stated Bank United is a local bank with no drive-thru
and encourages pedestrian traffic. He referred to the Future Land Use Element C-4.1 and
noted this element gives six objectives that we should be doing in the CBD and three of
those six begin with the word incentives. He stated by giving incentives does not mean
this is a policy banning banks. He compared the number of banks on Las Olas
Boulevard, Fort Lauderdale, Florida, and stated there are no less than five banks on Las
Olas located in the middle of retail. Mr. Weiner stated there were no less than six letters
of support in the file and noted additional letters of support from retailers along the
Avenue. Mr. Weiner made these letters a part of the record.
Chris Brown, resident of Delray Beach & business owner, stated his
specialty is construction of mixed-use buildings in downtown areas. He stated one of the
most important things is getting capital to the small retailers downtown. He stated the
bank is a tremendous retail generator for the downtown area. He feels the Cluster Study
addressed retail but did not discuss financial institutions, cultural institutions, or offices.
He provided the statistics for investments on renovation of banks and the average salaries
of the employees. Mr. Brown stated this bank would be a great benefit to the downtown.
Mr. Weiner stated a bank should not be looked at as an office and noted a
bank has more retail traffic than one would otherwise think of as being in retail trade. He
stated the Cluster Study did not ban banks. An encouragement for retail does not mean
zero in terms of having other services. He stated they have met the substantial burden of
proof with respect to the Comprehensive Plan.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the Conditional Use request, to come forward at this time.
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There being no one who wished to address the Commission regarding the Conditional
Use request, the public hearing was closed.
Mr. Dorling stated there are compelling arguments being made this
evening that local banks are appropriate downtown and he agrees with this statement.
However, he stated the issue is whether it is appropriate on Atlantic Avenue which is
predominantly a pedestrian/retail corridor, particularly when there are vacant bank
locations available for use off the Avenue.
Mr. Weiner emphasized that this is pedestrian bank (with no drive-thru)
and stated this is precisely what people want in this location and what the studies state we
should be promoting. He stated with regard to hours of operation, the bank is proposing
to stay open until 6:00 p.m. open half a day on Saturdays, and agrees to try and
coordinate hours of operation with respect to the events that occur on Atlantic Avenue.
Brief discussion by the Commission followed.
Mr. Levinson stated in his opinion this is not compatible to what the City
has planned. However, if the applicant was willing to support the Planning and Zoning
recommendations to expand the hours of operation, make a commitment to have retail
type displays along a minimum of 50% of building frontage on Atlantic Avenue, and,
hold open houses and related activities in the evening hours a minimum of twice weekly
and on nights that Jazz on the Avenue is held.
Mrs. Archer stated a corner bank is pedestrian friendly and feels it would
fit wonderfully in the community. She stated she supports having a local corner walk-in
bank with the fabric of what the City has with a village-by-the-sea community. Mrs.
Archer stated not having a bank downtown is like not having a Post Office downtown.
Mrs. Ellis stated she is frustrated with the Planning and Zoning Board and
suggested that Planning and Zoning review the same material that comes to the
Commission. She does not support the bank being open on Sundays and recommended
the proposal be sent back to the Planning and Zoning Board.
Ms. McCarthy supports the bank location and stated it is a healthy
addition to the community. She stated this does not dismiss the impact of the Cluster
Studies that have been done and feels these studies are used a tool for guidance. Ms.
McCarthy stated there are other banks that are open seven days a week and she would
like to see Bank United participate in street activities such as Jazz on the Avenue.
Mayor Perlman stated he respects the Planning Department and the
Planning Director. However, he disagrees with the Planning Director on this particular
item because he does not see a bank as a kin to an attorney's office or surveyor's office
but sees it as something that generates a lot of foot traffic. He does have a concern about
a proliferation of banks downtown but would hope at a later date there would be a
consensus of the Commission to review the code regarding this. Mayor Perlman stated
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he does not want to send this item back to Planning and Zoning Board.
Mrs. Archer moved to approve the Conditional Use request for Bank
United at Downtown Delray, subject to the Planning and Zoning Board recommendations
with the hours of operation being amended Monday through Friday 8:30 a.m. to 6:00
p.m., Saturday, 8:30 a.m. to 1:00 p.m., not opening on Sundays at this time, that a
commitment is made to have retail type displays along a minimum of 50% of building
frontage on Atlantic A venue, and that open houses and related activities are held in the
evening hours a minimum of once a month, seconded by Mrs. Ellis.
Brief discussion followed by the Commission.
Brian Shutt, Assistant City Attorney, stated for the record he would like to
get the applicant to consent to the terms of what the motion is.
Michael Weiner stated the hours of operation would be Monday through
Friday 8:30 a.m. to 6:00 p.m., Saturday, 8:30 a.m. to 1 :30 p.m., and agree to work out the
schedule of events (i.e. Art & Jazz on the Avenue, Delray Affair, etc.) where Bank
United would stay open at least once a month in the evening even if there is not an event
scheduled.
The motion was amended as follows:
Mrs. Archer moved to approve the Conditional Use request for Bank
United at Downtown Delray subject to the conditions that the hours of operation are
Monday through Friday, 8:30 a.m. to 6:00 p.m., Saturday, 8:30 a.m. to 1 :30 p.m., that a
commitment is made to have retail type displays along a minimum of 50% of building
frontage on Atlantic A venue, and that open houses and related activities are held in the
evening hours at least once a month, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - No;
Ms. McCarthy - No; Mayor Perlman - Yes. Said motion passed with a 3 to 2 vote,
Commissioner Levinson and Commissioner McCarthy dissenting.
At this point, the time being 7:10 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 46-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.4.21(B), "Principal Uses and Structures Allowed", to add Clubs and Lodges which do
not serve alcohol as a Permitted Use within the Community Facilities (CF) Zoning
District. Ifpassed, a second public hearing will be scheduled for July 19,2005.
The caption of Ordinance No. 46-05 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(B),
"PRINCIPAL USES AND STRUCTURES ALLOWED",
TO ADD CLUBS AND LODGES WHICH DO NOT
SERVE ALCOHOL AS A PERMITTED USE WITHIN
THE CF DISTRICT; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 46-05 is on file in the City
Clerk's office.)
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated land development change to add Clubs and Lodges in the CF (Community
Facilities) district subject to the provision that alcoholic beverages not be allowed. The
"Purpose and Intent" for the Community Facilities zone district describes it as a special
purpose zone district primarily, but not exclusively, intended for locations at which
facilities are provided to serve public, semi-public, and private purposes. Given the other
types of uses permitted in the district, including religious, and education facilities, it is
appropriate to restrict the consumption of alcohol on property within this district. Since
the sale and consumption of alcoholic beverages is a major component of some types of
clubs and lodges, a restriction is appropriate if this use is to be added to the district.
Clubs and lodges that are not restricted with regard to alcoholic beverages are currently
allowed in the GC (General Commercial) and PC (Planned Commercial) districts as
conditional uses.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing and there was no public testimony. After discussing the amendment, the
Board voted 7-0 to recommend approval of the proposed amendment.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 46-05,
the public hearing was closed.
Mrs. Ellis moved to approve Ordinance No. 46-05 on First Reading/First
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
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10.B. ORDINANCE NO. 47-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.6.9(B)(4), "Off-Street Parking Regulations; Applicability", to provide a credit for
parking under certain circumstances where a governmental entity acquires property for
public parking or parks. Ifpassed, a second public hearing will be scheduled for July 19,
2005.
The caption of Ordinance No. 47-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ARTICLE 4.6, "SUPPLEMENT AL
DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS",
SUBSECTION (B) "APPLICABLITY" , BY
AMENDING SUBSECTION 4.6.9(B)(4) PROVIDING
A CREDIT FOR PARKING UNDER CERTAIN
CIRCUMSTANCES WHERE A GOVERNMENTAL
ENTITY ACQUIRES PROPERTY FOR PARK
PURPOSES OR PUBLIC PARKING; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-05 is on file in the City Clerk's
office. )
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
January 18, 2005, the City Commission approved an amendment to LDR Section
4.6. 9(B) to add subparagraph (4) to provide an incentive to private property owners to
sell land to accommodate public parking facilities. In order to acquire lands for this
purpose, it is in the public interest to credit the private owner from whom the land is
acquired with parking spaces it has vested rights to, which are then transferable to other
properties owned by the same property owner within 300 feet of the property acquired by
the governmental entity for public parks.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
proposed changes. After discussing the amendment, the Board voted 7-0 to recommend
approval of the proposed amendment.
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07/05/05
Mayor Perlman opened the public hearing. There being no one who
wished to address the Commission regarding Ordinance No. 47-05, the public hearing
was closed.
Mrs. Archer moved to approve Ordinance No. 47-05 on First
Reading/First Public Hearing 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.
10.C. ORDINANCE NO. 48-05 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.3 (D), "Residential and N on-Residential Licensed Service Provider Facilities", and
Appendix "A", "Definitions", regarding Prevention Education Service Providers. If
passed, a second public hearing will be scheduled for July 19,2005.
The caption of Ordinance No. 48-05 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 DELRAY
BEACH, FLORIDA, BY AMENDING APPENDIX
" A" , "DEFINITIONS" , BY REPEALING THE
DEFINITION OF "RESIDENTIAL LICENSED
SERVICE PROVIDER", IN ITS ENTIRETY AND
ENACTING A NEW DEFINITION FOR
"RESIDENTIAL LICENSED SERVICE PROVIDER"
IN ORDER TO PROVIDE A MORE CONSISTENT
DEFINITION OF SAME AND ENACTING A NEW
DEFINITION FOR "PREVENTION EDUCATION
SERVICE PROVIDERS" AND AMENDING
SECTION 4.3.3(D), "RESIDENTIAL AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER
FACILITIES", IN ORDER TO EXCLUDE THOSE
LICENSED SERVICE PROVIDERS THAT ARE
LICENSED UNDER CHAPTER 397 FOR THE SOLE
PURPOSE OF PROVIDING PREVENTION AS
DEFINED BY SECTION 397.311(18)(g), FLA. STAT.;
PROVIDING A SA VING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 48-05 is on file in the City Clerk's
office. )
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07/05/05
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws of the
State of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the current
definition of Residential Licensed Service Providers found in LDR Section 4.3.3(D) is
inconsistent with the definition in Appendix "A" Definitions. The desire is to have
consistent definitions of Residential Licensed Service Providers throughout the City's
Land Development Regulations and its Appendix of Definitions.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
amendment. There was no public testimony regarding the proposed changes. After
discussing the amendment, the Board voted 7-0 to recommend approval of the proposed
amendment.
Mr. Levinson moved to approve Ordinance No. 48-05 on First
Reading/First Public Hearing, 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.
10.D. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
LAND CONVEYANCE: Consider approval and adoption of the Florida Department of
Transportation (FDOT) Resolution No. 483-98 for the conveyance of land from the
FDOT to the City to be used as pocket parks, generally located along the 1-95 sound wall
in the Southwest Neighborhood area between S.W. 1st Street and S.W. 3rd Street.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding the Florida Department of
Transportation (FDOT) Resolution No. 483-98.
Prior to the vote, Mayor Perlman stated for the benefit of the public, this is
for pocket parks that will be located along the 1-95 sound wall within the S.W.
neighborhood area between S.W. 1st Street and S.W. 3rd Street.
Mr. Levinson moved to approve the Florida Department of Transportation
(FDOT) Resolution No. 483-98 for the conveyance of land, 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.
10.E. 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.
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07/05/05
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
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws of the
State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open.
Patrick Glover, 305 S.W. ih Avenue, Delray Beach, expressed concern
that young people should be allowed into establishments which serve alcoholic
beverages.
Ms. McCarthy stated if young people are accompanied with an adult they
are allowed in restaurants and explained that this ordinance restricts under age patrons to
enter stand alone bars only.
Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, supports the
ordinance and stated this is a good opportunity for the City to do something for kids
between the ages of 18-21.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 45-05 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.
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07/05/05
At this point, the time being 7:25 p.m., the Commission to the 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 had no response to prior public comments and
mqUIrIes.
11.B. From the Public.
11.B.1. Patrick Glover. 305 S.W. 7th Avenue. Delray Beach (Delray Beach
Housin2 Authority). speaking on behalf of Debra Lewis, stated Ms. Lewis' son was
arrested and had been numerous times before. Due to this fact he was not allowed to live
with her. Mr. Glover stated a few Delray Beach Police Officers were rude to Ms. Lewis
and had indicated on the Police Report (dated June 24, 2005) that she incited a riot and
the incident was reported to the Director of the Housing Authority. Consequently, Ms.
Lewis is being evicted from the Delray Beach Housing Authority in approximately nine
days, and time is of the essence. She is requesting that this incident be investigated by
the City Manager or the Police Chief. Mr. Glover stated Ms. Lewis requests the help of
the Commission. Mr. Glover provided the Commission with a copy of the June 24, 2005
Police Report.
Mayor Perlman stated he will give the Police Report to the City Manager
for review, and recommended that someone attend the Delray Beach Housing Authority
Board meeting.
Mr. Levinson stated Ms. Lewis needs to go to the Delray Beach Housing
Authority and plead her case since she has a housing contract with the Authority.
Ms. McCarthy asked how long Ms. Lewis' son has not lived with her, and
if he is restricted from being on the grounds. Ms. Lewis stated it has been approximately
two years since her son has lived with her and she believes he is restricted from the
grounds.
11.B.2. Jackie Fields. 408 Circle Drive. Boynton Beach. (sister of Debra
Lewis ). asked if children can visit their parents if they are not permitted on the grounds.
Having sat at the meetings of the Delray Beach Housing Authority, Ms. McCarthy stated
the Authority tries to create a safe haven. Ms. McCarthy stated she has not seen Ms.
Lewis' lease and cannot speak as to what restrictions may have been added until she
actually reviews the lease or speaks to the Director of the Delray Beach Housing
Authority. Ms. McCarthy stated questions of this nature will be answered at the next
City Commission meeting on July 19,2005 because staff will have more information at
that time and will be able to address this issue.
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07/05/05
11.B.3. Jim Smith. 1225 S. Ocean Boulevard. Delray Beach. Chairman of
S.A.F.E. (Safety As Floridians Expect) stated S.A.F.E. is requesting that the Commission
create a Citizens' Voluntary PedestrianlBike Greenway Committee and file a grant
application for a PedestrianlBike Greenway Coordinator. He stated in his opinion, it is
more important to add more staff in needed City services than it is to reduce the millage
rate. Mr. Smith distributed a copy of the flyer regarding S.A.F.E to the Commission.
11.B.4. Theodore Hummel. 400 Venetian Drive. Delray Beach. commented
about the recent decision made by the Supreme Court about eminent domain and how it
might affect citizens in Delray Beach. Mr. Hummel stated the old purpose of eminent
domain was for public purposes; however, now it is for private purposes and to increase
the tax base and revenues. He stated as a citizen he is not clear as to how Florida Law
protects the lower income person and feels it should be clearly understood that if this is
pushed through, it will only be done against homeowners of lower income. Mr. Hummel
stated this particularly affects the older retirees on a fixed income who also cannot afford
emotionally to make a move, besides how to handle it fiscally. In addition, Mr. Hummel
stated he does not want to lose the working people who staff many of the restaurants, etc.
He stated it sounds great to receive a lot of money for a house but you cannot afford to
turn around and buy one, which might have three times the amount in taxes. He feels this
is the basic problem for the elderly and the lower income homeowners in town.
11.B.5. Christie Campbell. 424 E. Atlantic Avenue. Delray Beach, (owner of
Beach Music), has owned a business for nine years and her business is open seven days
and two nights a week. She informed the Commission that on the nights of Jazz on the
A venue she does not do any business. She stated she has always been very supportive of
all the events held downtown; however, she noted it does not pay for her to keep her shop
open when there is no business.
11.B.6. Rosetta Rolle. 301 N.W. 3rd Avenue. Delray Beach. expressed concern
over the Supreme Court's decision regarding eminent domain. Mrs. Rolle briefly
discussed the meaning of Independence Day and read into the record the second
paragraph from the Declaration of Independence.
11.B.7. Jayne Kin2. 3400 Place Valencay. Delray Beach. stated she is strongly
opposed to any form of eminent domain. She stated she lived in Tampa for a short period
of time and was first introduced to eminent domain when it was used for urban renewal.
Now many years later, the long time residents have never recovered and she feels there
was a whole "sense of community" that was lost and she does not want to lose that "sense
of community" in Delray Beach. She urged the City Commission to allay the fears to the
residents that eminent domain will not be used in Delray Beach.
11.B.8. Alfred Stra2hn. 26 S.W. 5th Avenue. Delray Beach. stated he is opposed
to eminent domain and urged the Commission to put something in place to provide for
future Commissions to not have the ability to impose eminent domain. Mr. Straghn
stated if the Supreme Court is going to pass laws that will affect everyone then he feels
the local government should have the last say about how it will affect its citizens.
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07/05/05
11.B.9. Katie L. Willin2ham. 333 S.W. 12th Avenue. Delray Beach. stated she
is opposed to eminent domain and urged the Commission to not support it. She stated
there are several elderly people who do not want to relocate and cannot afford to pay a
mortgage and start all over again.
11.B.I0. Betty Goodman. 930 S.W. 11th Terrace. Delray Beach. stated she is
opposed to eminent domain and urged the Commission to be sympathetic towards the
elderly. She stated if their property has to be taken then she feels citizens should be
offered a fair price so they can move someplace else and live decently. Mrs. Goodman
stated she read in the newspaper about the offer made for property on 8th Avenue. She
urged the Commission to consider eminent domain law because she feels this is not good
for the community or for Delray Beach.
11.B.ll. Joseph Thomas. 312 N.W. 2nd Street. Delray Beach. expressed concern
that his mother will be forced to move because of eminent domain and stated he will do
everything he can to make certain his mother is protected and has a roof over her head.
He urged the City to come together as a community to address this issue.
11.B.12. Pearl "Bunny" Markfield Elrod. 302 S.W. 1st Avenue. Delray Beach.
expressed concern over eminent domain in the City of Del ray Beach and read a statement
into the record written by Virginia Snyder.
11.B.13. James Bassa. Jr.. 102 N.W. 14th Avenue. Delray Beach. stated he is not
against eminent domain but is against what eminent domain does. He expressed concern
that his parents bought their home in approximately 1964 for $3,000 and now the same
land is worth approximately $400,000. He is concerned that the projected increase in
value of land, and the projected increase of taxation and insurance will not be covered by
the purchasing prices that eminent domain will bring. Therefore, Mr. Bassa suggested
that a committee be formed to help develop educational sessions on how to place items
on the Agenda, how to have an Agenda meeting, and how to progress with Agenda items
so that the community can be better linked to the City Commission.
11.B.14. Gerry Franciosa. 939 Eve Street. Delray Beach. opposes eminent
domain and stated what the Supreme Court did is an injustice. He stated people in the
community have concerns such as rising costs on gasoline, food, health insurance, and
education for their children. In his opinion, citizens should not have to worry about the
government coming to take their homes. He urged the Commission to inform the Press
about how they feel regarding eminent domain.
Mr. Levinson stated he would like to evoke Rule #3 and commented the
reason many of these people are here is because an organization in town had circulated a
misleading flyer which claims the City of Delray Beach has used eminent domain
regularly. Mr. Levinson stated the City has not used eminent domain for homesteaded
property in approximately 15 years and the CRA has not used eminent domain in
approximately 10-12 years.
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07/05/05
11.B.15. Robert Wells. 111 N.W. 11th Avenue. Delray Beach. stated he works
with a program called "Free to Grow" which helps young men get off the street corners
and shows them how to make use of materials thrown away by general developers. Mr.
Wells stated he is currently building his home from materials that the contractors he
works for throws away.
11.B.16. Carolyn Zimmerman. 212 S.W. 2nd Avenue. Delray Beach. stated
PROD did not organize anyone and stated concerned residents called her home after
hearing about the Supreme Court ruling. She stated the residents are not saying the City
is going to take everyone out of their homes, but are asking that the Commission relieve
their fears regarding eminent domain.
11.B.17. Deborah Bennett. 137 Seabreeze Avenue. Delray Beach. stated in her
opinion, the City has used the threat of eminent domain. She explained residents are
informed if they do not take an offer at 30% above the property value, then eminent
domain will be used and the property owner would actually receive less.
11.B.18. Marty Wiman. 119 S. Swinton Avenue. Delray Beach. stated he
purchased his property a year ago (non-homesteaded) and is now being sued by a
developer. He stated after his case is over he is fearful that the developers who own the
surrounding property can take his property through eminent domain because of the
Supreme Court ruling.
Mayor Perlman stated Mr. Wiman would not be affected by eminent
domain. He stated a developer does not have the power to eminent domain; only a
governmental entity does.
Mayor Perlman requested the CRA and the City document the City's
history and relevant policies governing eminent domain including the policies in the
Southwest Plan which will create the first Land Trust in Palm Beach County. The Land
Trust Plan has as its underlining philosophy "development without displacement". He
requested that this be ready in two weeks to be distributed to the public and posted on the
City's web site. At that time, the City Commission can allay some fears of the residents
and give them the City's philosophy on eminent domain and what the history is versus
perceptions. Mayor Perlman stated it is good that those who spoke on eminent domain
came out to express their concerns. He stated the eminent domain battle is going to go
back to State Legislatures throughout the country and he encouraged everyone to contact
their State Legislators. This is where the policies will be made per the decision of the
Supreme Court regarding eminent domain. He stated in the interim, staff will compile
numbers from Delray Beach and information about staff plans for the Northwest and
Southwest sections of the City.
The City Manager stated the Florida eminent domain law has a lot of
protection for the property owner. He stated if a government wishes to take property by
eminent domain, a property owner has the right to hire an attorney and appraiser, and the
government has to pay for both the attorney and the appraiser. The City Manager
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07/05/05
reiterated that the City would have to pay the property owners' attorneys fees, the City's
attorneys fees, the property owners' appraiser fees, and the City's appraiser fees. If it
goes to court, ultimately it is decided by a jury based upon the testimony presented at
trial.
At this point, the time being 8: 12 p.m., the Commission returned to Item
9.C. of the Regular Agenda.
9.C. CONDITIONAL USE REQUESTS/QUICK LANE TIRE SERVICE
CENTER/FULL SERVICE AUTO REPAIR: Consider a request to allow the
establishment of a Quick Lane Tire Service Center; and the establishment of an auto
repair facility in conjunction with a used car dealership within the AC (Automotive
Commercial District), located on a 3.04 acre site at 2225 and 2255 South Federal
Highway, approximately 300 feet south of Tropic Boulevard. (Quasi-Judicial Hearing)
Janet Whipple, Acting 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 #2005-154 into the record.
Mr. Dorling stated this request is to establish two conditional uses, one a
specialized quick lane tire service center and two, to establish a full service auto-repair
facility in conjunction with a used car dealership. The full service repair shop will
occupy the north portion of the site (12,728 square feet) in conjunction with a used car
dealership and the specialized quick lane tire service will be established on the south
portion of the site (19,780 square feet). The requested hours of operation are Monday
through Thursday, 8:00 a.m. to 8:00 p.m., Friday, 8:00 a.m. to 6:00 p.m., Saturdays 8:00
a.m. to 5:00 p.m., and Sunday 12:00 noon to 5:00 p.m. The quick lane and tire service
will operate Monday through Friday, 7:00 a.m. to 7:00 p.m., Saturday, 8:00 a.m. to 5:00
p.m.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the Conditional Use request. There was public
testimony from Mr. Robert Jackson a homeowner who lives to the rear of the site and he
expressed concerns about noise and the proposed late hours of operation. Mr. Jackson
requested some modification to the hours of operation. After brief deliberation, the
Board voted 7 to 0 in favor of the two Conditional Use requests, one to establish a quick
lane tire service center but to restrict the hours to Monday through Thursday, 8:00 a.m. to
8:00 p.m., Friday, 8:00 a.m. to 6:00 p.m., Saturdays 8:00 a.m. to 5:00 p.m., no operation
on Sunday, and to establish an auto repair facility in conjunction with a used car
dealership but not allow Sunday hours of 12:00 noon to 5:00 p.m.
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07/05/05
Mayor Perlman asked if anyone would like to speak in favor or in
opposition of the Conditional Use requests, to please come forward at this time.
Prior to the vote, Mr. Levinson stated he spoke with the President of
Tropic Isle and stated his concerns were noise. Mr. Levinson stated assuming that the
new noise ordinance will be in affect and the applicant would have to go through the site
plan process, he would like to make sure that the face of the building does not impact the
residents.
Mr. Dorling stated other conditions that were applied by the Planning and
Zoning Board relate to no outside speaker P A systems, and all repairs be conducted
inside the building.
Mrs. Ellis moved to approve the Conditional Use requests to establish a
Quick Lane Tire Service Center and a Full Service Auto-repair, subject to the conditions
as outlined by the Planning and Zoning Board, 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. REQUEST FOR IN-LIEU PARKING SP ACE/MAKO
TECHNOLOGIES: Consider a request from Mako Technologies for the granting of
one (1) in-lieu parking space. Mako Technologies is located at 145 North Swinton
Avenue. (Quasi-Judicial Hearing)
Janet Whipple, Acting 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 #2005-008 into the record.
Paul Dorling, Director of Planning and Zoning, stated Mako Technologies
has submitted a Class V site plan modification for the conversion of a single family
residence to office use with an expansion of approximately 1,899 square feet of office
space. The total floor area for both the proposed conversion and addition is 2,899 square
feet which requires 10 parking spaces. The proposed site plan provides 9 parking spaces.
The applicant is requesting one in-lieu parking space at a cost of $6,000. Also, the
applicant has proposed to construct on-street parking and the recent modifications allow a
credit to a developer up to 50% per space. Therefore, the two parking spaces to be
constructed in the right-of-way, and available for the public, would off-set the $6,000 fee.
Mr. Dorling reiterated that this is a request to grant one in-lieu space rather than to pay
the in-lieu fee because the applicant will be providing two on-street parking spaces.
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07/05/05
At its meeting of May 24,2005, the Parking Management Advisory Board
recommended approval of the applicant's request and at its meeting of June 15, 2005, the
Historic Preservation Board (HPB) recommended approval of the proposed site plan.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of the request, to come forward at this time.
Mr. Levinson moved to approve the request from Mako Technologies for
the granting of one (1) in-lieu parking space, 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.
9.E. REQUEST FOR IN-LIEU PARKING SP ACES/HISTORIC
RESIDENCES: Consider a request from Historic Residences for the purchase of two
(2) in-lieu parking spaces in the amount of $12,000.00, to be paid over a three (3) year
period via an In-Lieu of Parking Fee Agreement. Historic Residences is located at 114
N.E. 1 st A venue. (Quasi-Judicial Hearing)
Janet Whipple, Acting 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 #2005-180 into the record.
Mr. Dorling stated on June 15, 2005 the Historic Preservation Board
(HPB) approved a Class V site plan modification which calls for the preservation of three
contributing historic structures through relocation. The parking requirement is for ten
spaces while eight are being proposed. The applicant is requesting two (2) in-lieu
parking spaces at a cost of $6,000 each for a total of $12,000.00. As owner of the
property, the in-lieu fees will be paid via an In-Lieu Parking Fee Agreement over a three
year period (50% upon ratification of the agreement and 25% on the second and third
anniversaries) in accordance with LDR Section 4.6.9(E)(3)(d).
At its meeting of May 24,2005, the Parking Management Advisory Board
recommended approval of the applicant's request. At its meeting of June 15, 2005, the
Historic Preservation Board (HPB) approved the proposed site plan.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of the request, to please come forward at this time.
Ms. McCarthy moved to approve the request from Historic Residences for
the purchase of two (2) in-lieu parking spaces in the amount of $12,000.00, seconded by
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07/05/05
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.
9.F. PROPOSAL/ALEKSANDER GROUP. INC. (AGI): Consider a
proposal from the Aleksander Group, Inc. (AGI) for continued Legislative Representation
to assist the City with State grants.
Brian Shutt, Assistant City Attorney, stated this item is an agreement
between the City of Delray Beach and the Aleksander Group, Inc. (AGI) to go from
August 1, 2005 through December 31, 2005 for the retainer of $25,000.00.
Mr. Levinson asked how this would impact with the City's current
relationship with Kathy Daley and whether or not this will be in-lieu of, or in addition to,
the contract with Langton & Associates.
The City Manager stated Langton & Associates has not produced much
for the City of Delray Beach and explained the City is on a month-to-month basis with
them.
Mayor Perlman stated this proposal is in addition to Langton & Associates
and it is his understanding that Aleksander Group, Inc. and Kathy Daley & Associates are
working together on this.
Mr. Levinson stated it is his understanding that the Aleksander Group, Inc.
may be able to provide Federal assistance as well. Mayor Perlman stated he can find out,
and noted the Aleksander Group specializes in the State Legislature.
Mr. Levinson stated he would like to see more money allowed in next
year's budget so the City can get more funding from Washington, D.C.
The City Manager stated there is a meeting scheduled with Mr.
Aleksander in the next week.
Mr. Levinson suggested that the City inform the Aleksander Group, Inc. of
what the City has in the pipeline in terms of projects so that they can be identified.
Mayor Perlman stated in the next 3-4 years Representative Hasner and Senator Atwater
are going to be very influential players.
Mrs. Ellis moved to approve the proposal from Aleksander Group, Inc.
(AGI) for continued Legislative Representation to assist the City of Delray Beach with
State grants, 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.
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07/05/05
9.G. BOCA RATON AIRPORT AUTHORITY/SOUND INITIATIVE:
Consider a request from the Boca Raton Airport Authority to join the Sound Initiative in
support of reducing airplane noise.
Mr. Levinson moved to approve the request from the Boca Raton Airport
Authority Coalition Sound Initiative in support of reducing airplane noise and provide a
membership contribution of $1,000.00, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mrs. Ellis - No; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 1 vote,
Commissioner Ellis dissenting.
9.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of an Interlocal Agreement between the City and
the Community Redevelopment Agency (CRA) in the amount of$300,000.00 for funding
for the Clean and Safe Program for FY 04/05.
Mayor Perlman declared a Conflict of Interest, passed the gavel to Vice
Mayor Levinson, and stepped down from the dais.
Robert A. Barcinski, Assistant City Manager, stated staff is requesting
approval of an Interlocal Agreement between the City and the Community
Redevelopment Agency (CRA) for funding of the Clean and Safe Program for fiscal year
2004/2005. The amount of the agreement is $300,000.00.
Mrs. Archer moved to approve the Interlocal Agreement between the City
of Delray Beach and the Community Redevelopment Agency (CRA) for funding of the
Clean and Safe Program for fiscal year 2004/2005, seconded Mrs. Ellis. 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.
9.1. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint two (2) 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) and Commissioner
McCarthy (Seat #4).
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 wished to appoint Peter Arts as a regular
member to the Community Redevelopment Agency (CRA) for a four (4) year term
ending July 1, 2009. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
- 24-
07/05/05
Ms. McCarthy moved to reappoint Franklin Wheat 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: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
9.J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6)
regular members and one (1) student member to the Education Board for two (2) year
terms ending July 31, 2007 and appoint one (1) student member for a one (1) year term
ending July 31, 2006. Based upon the rotation system, the appointments will be made by
Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Archer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman
(Seat #5), Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2).
Mayor Perlman stated he wished to appoint Dr. Bradley Bradford as a
regular member to the Education Board for a two (2) year term ending July 31, 2007.
Mrs. Ellis so moved, 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.
Mrs. Ellis moved to reappoint Paul Seal as a regular member to the
Education Board for a two (2) year term ending July 31, 2007, 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.
Mrs. Archer moved to appoint Logan Perel as a student member to the
Education Board for a two (2) year term ending July 31, 2007, 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.
Mr. Levinson moved to appoint Adam Sorrin as a regular member to the
Education Board for a two (2) year ending July 31, 2007, 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.
Ms. McCarthy moved to appoint Reverend John Jackson as a regular
member to the Education Board for a two (2) year term ending July 31, 2007, 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.
Mayor Perlman stated he would like to defer his second appointment to
the regular meeting of July 19, 2005.
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07/05/05
Mrs. Ellis moved to appoint Susan Sikich as a regular member to the
Education Board for a two (2) year ending July 31, 2007, 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. Archer stated she would like to defer her second appointment to the
regular meeting of July 19,2005.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 50-05: An ordinance designating the Sewell C.
Biggs House, located at 212 Seabreeze Avenue, to the Local Register of Historic Places.
Ifpassed, a public hearing will be scheduled for July 19, 2005.
The caption of Ordinance No. 50-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING THE SEWELL C. BIGGS HOUSE,
LOCATED AT 212 SEABREEZE AVENUE, AS
MORE P ARTICULARL Y DESCRIBED HEREIN, AS
A LOCAL HISTORIC SITE; PROVIDING FOR THE
AMENDMENT OF THE "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. 50-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a request to
list the Sewell C. Biggs House (212 Seabreeze Avenue) on the Local Register of Historic
Places, and noted Mr. Biggs was a person important in preserving, conserving, and
promoting American fine and decorative arts. It is also the only Paul Rudolph designed
building in Delray Beach. To qualify as a historic site the property must fulfill one or
more of the criteria set forth in the LDR's, Sections 4.5. 1 (B)(2) and/or (3). The residence
at 212 Seabreeze Avenue is being considered for listing in the Local Register of Historic
Places as it fulfills four of the criteria.
At its meeting of May 4, 2005, the Historic Preservation Board (HPB)
conducted a formal review of the designation report and held a public hearing on June 15,
2005 and voted 7-0 to forward a recommendation of approval to list the Sewell C. Biggs
House (212 Seabreeze Avenue) in the Local Register of Historic Places.
- 26-
07/05/05
Mr. Levinson moved to approve Ordinance No. 50-05 on FIRST Reading,
seconded by Mrs. Ellis. 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.
12.B. DUE TO THE APPLICANT'S REQUEST THIS ITEM HAS BEEN
REMOVED FROM THE AGENDA.
12.C. ORDINANCE NO. 51-05: City initiated amendment to Land
Development Regulations (LDR), Article 6.3, "Use and Work in the Public Right-of-
Way", relating to Sidewalk Cafes. If passed, a public hearing will be scheduled for July
19,2005.
The caption of Ordinance No. 51-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ARTICLE 6.3, "USE AND WORK IN THE
PUBLIC RIGHT-OF-WAY" TO ADD "SIDEW ALK
CAFÉ" TO THE TITLE AND AMENDING SECTION
6.3.3, "SIDEW ALK CAFE" OF THE LAND
DEVELOPMENT REGULATIONS, TO PROVIDE FOR
A REVISED DEFINITION OF SIDEW ALK CAFÉ, AND
BY AMENDING 6.3.3(A) TO PROVIDE FOR PERMIT
COMPLIANCE DATES; AMENDING SECTION 6.3.3(1)
AND 6.3.3(1) ADDING STANDARDS FOR DENIAL,
SUSPENSION, REVOCATION, OR APPEALS AND
CLARIFYING THE JURISDICTION OF THE CODE
ENFORCEMENT BOARD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 51-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the City
Commission approved an amendment to LDR Section 6.3.3 on March 1, 2005. The
proposed amendment provides clarification to the definition of Sidewalk Café. With
respect to changes to the definition it clarifies that sidewalk cafés are outside seating
which occurs on either public or private property. Mr. Dorling stated this ordinance now
indicates that public or private property can now be considered a sidewalk café, and
excludes seating in interior courtyards which are under the current code subject to
parking requirements whereas the sidewalk cafés are not.
- 27-
07/05/05
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
proposed changes. After discussing the amendment, the Board voted 7-0 to recommend
approval of the proposed amendment.
Mrs. Ellis moved to approve Ordinance No. 51-05 on FIRST 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.
12.D. ORDINANCE NO. 49-05: City initiated amendment to Land
Development Regulations (LDR), Section 2.4.3(K)(1), "Development Applications", to
provide for an increase in the Development Application Fees. If passed, a public hearing
will be scheduled for July 19,2005.
The caption of Ordinance No. 49-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 2.4.3(K), "FEES",
SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT
APPLICATION FEES; PROVIDING A SA VING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated during the changes
to the fee schedule in 2003, the City Commission directed staff to process changes as
needed every two years. Staff researched adjacent municipality fee schedules for similar
development activities and determined that an increase in fees of 5% is justified. Mr.
Dorling stated the proposal includes a new fee for a Certificate of Appropriateness
(COA) and a new fee for demolition requests in historic districts along with requests to
relocate structures out of the district. Mr. Dorling stated the most significant increase,
percentage wise, relates to zoning verification letters. The current fee is $55.00 and does
not cover the staff time necessary to prepare these documents. The proposed increase
would double the fee ($110.00) to better cover staff time in the research of these
responses.
- 28 -
07/05/05
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
proposed changes. After discussing the amendment, the Board voted 7-0 to recommend
approval of the proposed amendment.
Mr. Levinson asked how many zoning verification letters the Planning and
Zoning Department generates. In response, Mr. Dorling stated the Planning and Zoning
Department generates approximately 80-90 zoning verification letters in one year.
Mrs. Ellis moved to approve Ordinance No. 49-05 on FIRST Reading,
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.
12.E. ORDINANCE NO. 44-05: City initiated small scale Future Land Use
Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to OS (Open
Space) and rezoning from R-1-AAA-B (Single Family Residential) to OSR (Open Space
and Recreation) for Cornell Park, a 3.4 acre parcel ofland, located at the northeast corner
ofN.W. 9th Street and N.W. 4th Avenue. Ifpassed, a public hearing will be scheduled for
July 19,2005.
The caption of Ordinance No. 44-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM LD (LOW
DENSITY RESIDENTIAL 0-5 DU/ AC) TO OS (OPEN
SP ACE); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND
PRESENTLY ZONED R-1-AAA-B (SINGLE FAMILY
RESIDENTIAL) TO OSR (OPEN SP ACE AND
RECREATION) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED AT THE
NORTHEAST CORNER OF NW 9TH STREET AND
NW 4TH AVENUE, 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.
(The official copy of Ordinance No. 44-05 is on file in the City Clerk's
office. )
- 29-
07/05/05
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed FLUM
amendment and rezoning involves a vacant property totaling 3.4 acres. The property was
in private ownership until early 2000 when it was donated to the City for the expressed
purpose of providing a neighborhood park for the community.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was no public testimony regarding the
proposed changes. After discussing the requests, the Board voted 7-0 to recommend
approval of the Future Land Use Map amendment from LD to OS and rezoning from R-
1-AAA-B to OSR, by adopting the findings of fact and law contained in the staff report,
and a finding that the request is consistent with the Comprehensive Plan, and meets the
criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations.
Mrs. Archer moved to approve Ordinance No. 44-05 on FIRST Reading,
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.
12.F. ORDINANCE NO. 52-05: An ordinance amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", Section 35.097,
"Retirement Income; Basis, Amount, and Payment", of the City Code of Ordinances to
adopt changes to a previously enacted ordinance that mistakenly lettered the optional
enhanced multiplier as 35.097(C) instead of 35.097(N). If passed, a public hearing will
be scheduled for July 19,2005.
The caption of Ordinance No. 52-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT, AND PAYMENT", TO
PROVIDE A CORRECTION TO THE LETTERING
CHANGING THE (C) TO (N) AS IT PERTAINS TO AN
OPTIONAL ENHANCED MUL TIPLIER AND TO
ENSURE THAT FORMER SECTION "C" IS IN FULL
FORCE AND EFFECT; PROVIDING A GENERAL
REPEALER CLAUSE; A V ALIDITY CLAUSE; AND
AN EFFECTIVE DATE.
- 30 -
07/05/05
(The official copy of Ordinance No. 52-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance and
stated this ordinance adopts changes to a previously enacted ordinance that was
mislettered.
Mr. Levinson moved to approve Ordinance No. 52-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs.
Ellis - 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.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Mana2er
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney
Brian Shutt, Assistant City Attorney, had no comments or inquiries on
non-agenda items.
13.C. City Commission
13.C.1. Mrs. Archer
Mrs. Archer stated the 4th of July celebration was stupendous and
commented that 150,000 people attended the event.
Secondly, she suggested that something be done about the round-about on
2nd A venue because it is a tight turn.
13.C.2. Mrs. Ellis
Mrs. Ellis stated the 4th of July was incredible. She commented about the
patriotic bike parade and sand sculptures, and noted the fireworks were brilliant.
However, she suggested at some point in the future the City will need to address the
restroom issue.
- 31 -
07/05/05
13.C.3. Ms. McCarthy
Ms. McCarthy stated the 4th of July was stupendous and gave kudos to
Marjorie Ferrer. She commented about the sand sculpting and the kite flying and stated
the event was well attended and it was a wonderful day.
13.C.4. Mr. Levinson
Mr. Levinson congratulated Janet Whipple, Acting City Clerk, on her first
meeting.
Secondly, he stated there was an allegation made this evening that the
taxpayers paid for Bru's Room and a couple of other places that were built on East
Atlantic Avenue. Mr. Levinson stated this was private investment not public investment
and the same thing is being done on West Atlantic A venue in terms of streetscape,
infrastructure, etc.
Mr. Levinson stated Attorney Michael Gelfand (Gelfand & ARPE, P.A.,
Attorneys at Law) mailed him a brochure which refers to a homeowner who had
defective soil and who looked to a city for assistance and the city was ultimately not
found responsible.
Mr. Levinson stated there was an allegation made approximately two
weeks ago that City staff did not answer Mr. Warner's concerns regarding the budget.
Mr. Levinson read into the record a Letter to the Editor that appeared in the newspaper by
Mr. Cary Glickstein along with the actual letter Mr. Cary Glickstein wrote. The Sun-
Sentinel chose to edit his letter. Mr. Levinson stated there were things in the original
letter that were germane, but were left out in the edit.
Mr. Levinson stated he received a proposal from a group that would like to
build a Performing Arts Center at Old School Square. He stated this may have merit but
not at this site.
He publicly thanked the Public Works staff as well as the Parks and
Recreation Maintenance staff for their efficient clean up after the 4th of July celebration
and asked that a letter be sent to both departments on behalf of the City Commission
thanking them for an extraordinary job.
Lastly, Mr. Levinson stated he received an email from a woman who
indicated she would never take her family to the firework celebration again because it
took them a very long time to exit. Her car was parked on the beach. He stated the
woman contacted the Police Department and dispatch was very rude to her. Mr.
Levinson emailed her and suggested that if she attends the fireworks again to park on the
west side of the Intracoastal and not on the east side. He stated she wrote back a lovely
note thanking him for taking the time to respond.
- 32 -
07/05/05
- 13.e.5. Mayor Perlman
Mayor Perlman thanked the Public Works staff and the Parks and
Recreation staff for a great clean up job after the 4th of July fireworks. In addition, he
thanked the High School Police Career group for helping.
Secondly, he commented about the Arch Lighting for Pineapple Grove
and stated it looks spectacular.
Mayor Perlman congratulated Rex Taylor, Assistant City Manager, for
being appointed City Manager for the Town of South Palm Beach.
Mayor Perlman stated he does not see where the Performing Arts Center
will fit in at Old School Square. He stated in all the vision conferences, Downtown
Master Plan Charettes, and Old School Square Charettes, he never heard mention the
need for a Performing Arts Center. He stated maybe there is another place for it.
The City Manager stated the City would have to pay for the Performing
Arts Center which means the public would have to be sold on it. In addition, the City
Manager stated even if the City wanted to build one, he is not certain what the promoter
would bring to the table.
~ Lastly, he commented about an article in Florida Trend about a parking
garage that uses public art.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:15 p.m.
- ~L'h'fflOo/
Pr~r ð Ci y Clerk
ATTEST:
~L~
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 July 5, 2005, which Minutes were formally approved and adopted by the City
Commission on July 19, 2005
- 33-
07/05/05
-
- ~~wó.,/
~, ~ 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.
-
--,
- 34-
07/05/05
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
.AST NAME--HRST NAME-MIDDlE NAME NAME OF BOARD, COUNCIL, COMMISSION, AlfTHORITY. OR COMMITTEE
Levinson, Jon Delra Beach Cit Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AlfTHORITY OR COMMITTEE ON
943 Ever reen Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY XI CITY [) COUNTY [) OTHER lOCAl AGENCY
Delra Beach FL 33483 Palm Beach NAME OF POlITICAl SUBDIVISION:
Cit of Delra Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS'
July 5, 2005 H ElECTIVE [) 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 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-irHaw,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
· . . . . . . . . . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
· . . . . . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
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 q.A .1. 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, Jon Levinson , hereby disclose that on July 5 ,2005 :
(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, .
- ,
L inured to the special gain or loss of ..:5 .,.-¡;:, ~ L. J N G:. ~DJa.cfZ'::> , 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:
S-P.\.
.
....
07/05/2005
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAil:: RE TO KE 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
l NAME-FIRST NAME-MIDDlE NAME NAME OF BOARD, COUNCil, COMMISSION, ALrrHORITY, OR COMMITTEE
'er lman Jeffre L. Delra B
-
~"'NG ADDRESS THE BOARD. COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY )b CITY [) COUNTY [) OTHER lOCAl AGENCY
Delra Beach Florida 33444 Palm ft'ME OF POlITICAl SUBDIVISION.
DATE ON WHICH VOTE OCCURRED Cit of D
MY POSITION IS:
2005 XJ ElECTIVE [) 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...oerson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
e which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a wrelative- 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 wbusiness 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 corporatton
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 vottng in the situations described above, you otherwise may participate in these matters. However, you
.!!lust 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.
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 PAGE 1
~-Ii
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, Jeffrey Perlman , hereby disclose that on July 5, ,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, ,
~ 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 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 Director of the Community Redevelopment
Agency (CRA) . I have a conflict voting on items that directly affect the
Community Redevelopment Agency.
July 5, 2005
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 . NAME-FIRST NAME-MIDOlE NAME NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMmEE
'er lman , Jeffrey L. Delray Beach City Commission
--
MAILING ADDRESS THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF
CITY COUNTY I -,u CITY [) COUNTY a OTHER lOCAl AGENCY
Delray Beach, Florida 33444 Palm Bea( ~E OF POlITICAl SUBDIVISION:
Citv of Delrav Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS-
July 5, 2005 M ELECTIVE [) 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
-person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Ires 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 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 sp'ecial private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
· . . . . . . . . . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
· . . . . . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
--Jst disdose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
you or at your direction.
.. 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 PAGE 1
o,-T
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency. -
I
· 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, Jeffrey Perlman , hereby disclose that on July 5 ,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, ,
~ 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 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 Director of the Community Redevelopment
Agency (CRA) . I have a conflict voting on items that directly affect th
Community Redevelopment Agency.
07/05/2005
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
---
.
-
Wednesday, June 29,2005
To Whom It May Concern:
I am a local business owner who has been involved in our town over the past 18 years. Our
company has been located in and serving Delray since 1962.
I am in support of our downtown Atlantic Avenue redevelopment and would like to see the
addition of a sound financial institution such as Bank United.
- I am also certain that their presence on The A venue will be an asset to our community.
Sincerely,
aæz:;þ·.,¿· ..
J. Michael Pakradooni
Owner and President
-
I
Atlantic Refrigeration Corp.
1255 N.W 17[h Avenue, Delray Beach, Florida 33445 · 561-278-1937 · Fax 561-278-0373 · Vv'WwallantlcrefrigeraÜon.cc
a-~
cCollister's
Transportation Systems, Inc. 4733 WEST ATLANTIC AVE SUITE C22 . DElRAY BEACH, Fl33445 ' (561) 499·2221 -
July 1, 2005
To Whom It May Concern:
Our organization would be pleased to see a Bank United Office in the Downtown De/ray Beach.
~~ -
Doug Johnson, Owner, Logistics Management a McCollister Company
-
BURLINGTON· DALLAS· POUGHKEEPSIE· ATLANTA· CHICAGO· BOSTON
RALEIGH· LOS ANGELES· SAN JOSE· NEW YORK· MINNEAPOLIS· WASHINGTON, DC· AUSTIN Q_(c}..
Windlllill Sprinkler & Hardware
- Sjnce 1954 · Pumps · Wells · Systems
Cert. of Competency: 561.495.2311 9779 W Atlantic Ave
U 10197 PBC, 77-CLS-14 BWD
State Well Drilling #1120 Fax: 561.499.9219 Delray Beach FL 33446
To Whom It May Concern:
We, at Windmill Sprinkler would like to see a Bank United
in downtown Delray. We have an office in Fort Lauderdale
where we originally started, and we are familiar with
them in the Broward County area.
r Sin~Y ,
I
-..
Dean ~.
Windmill Sprinkler Co., Inc.
r--
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Jun 29 05 11:13a Gil's Laptop 561-279-4615 p. 1
-
~ G.L.N. Cleaning Services
"Quality is our motto"
June 29, 2005
BankUnited FSB
Dear Sir or Madam:
This letter is in support of BankUnited coming to downtown Dekay Beach.
Having a local bank that is focused on the local community would be very
beneficial to our ever 80 growing town.
Sincerely,
--,
G~
ffi °a nt
--,
500 Anchor Point Delray Beach, FL 33444
661-279-4615 Mobile 561-703-4311 email:glnserviceS@yahoo.com
Q-R
· Beauty & Beyond
·
· 13S SE Sill Ave Ste 3
· Dclray Beach FL 33483
·
·
,.-- ·
·
·
Beauty & Beyond
June 28, 2005
BankUnited FSB
Dear Sir or Madam:
-- This letter is in support of Bank United coming to downtown Delray Beach. I feel that having a bank
that is focused on the local community would be very beneficial to our ever so growing town,
Sincerely,
I~
' -
. ~ "-
SoniaTotoli /~ '
President í
.I
--
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......... ........ ...........
[Click here and type slogan]
CL P.
JASON LORD
t::Sî: \Iî~ JE\\'ELH.Y · . \I{T · , \:,\'II(-2L'ES
6/28/05
To Whom it may concern:
We would love to have BankUnited join the family here on Atlantic.
~
1.
owner \
........,
-,
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530 E. Atlantic Avenue · Delroy Beach, FL 33483 · (561) 279-0050 · FAX (561) 279-9524
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illLTERS MARKETPLACE INC.
524 E. Atlantic Avenue, Delroy Beach, FL 33483 305/243-3820
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The Savion Companies -
766 SE 5th Avenue
Delray Beach, Florida 33483
July S, 2005
The City of Delrn~' Beach
100 N.W. 1st Avc~flue
Delray Beach, FL 33444
Re: Bank Unitec~
Gentlemen:
It has bee.t) our pleasure to construct and devetop a numb4:1' of proj4~cts in the City
of Delray Beacb, Florida including Town Place at 180 NE 6tJ1 Avenue, Delray Beach.
Florida and SeaE·reeze Isles at 44 SeaBreeze, Delray Beach, Flori:ia.
-
We have heard of Bank United's plans to locate on Atlantic A.venue at the
northeast comer (If Atlantic Avenue on NE 4th Avenue in Delmy Beach, Florida. As a
developer in tbe urea, we would like to Ïnfonn you that we de· not believe that a bank
would have a sii1:Dificantly detrimental effect upon the stability of that nei,ghborhood and
it will nQt hinder the development or redevelopment of nearby properties.
We, for :>ne, wouJd actively consider additional properties immf!diately in the
vicinity of the h~lnk if such properties were to become available to UL In fact, the
existence of the bank would enhance our perception of this a~ a., making development
more likely.
Very Truly Yours.:---;;;......
~~
/~
!sack Merenfeld
-
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~ By: Steven A. Smilack P.A.; (954) 783-6370; Jul- 5 -05 12 :43; Page 1/1
~
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: STEvEN A. SMTLACK. P.A. ,
; !
^ltnrncy 1t law !
·
712 East McNab Road ~
Pompano Beach, FL 33060 j
;
TEL: (954) 7~3-6480 ,
,
FAX: (954) 783-6370 - ;
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~
July 5,2005 ~
,
1
,
·
FAX COVF.R SHEET ¡
,1
;
TO: Scott I'apc, Senior Planner I
, !
: Phuming and Zoning î
t
: City ofDc1ray Beach i
: 100 NW 1" Avenue I
De1niy Beach, FL 33444 ¡
: Phone No.: (561) 243-7000 L
: ~
Fax No.: (561) 243-7221 !
, NO. OF PAGF-S; i. i
FROM: Sleven A. Smilack !
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(including cover sheet') !
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·
Ra: Rezoning Petition File #2005-097. !
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. ,
CÓMMENTS: This fax memo is to infonn yOll that ~ am withdrawing my p:tition, File i
i
//2005-097. I wôuld like to thank you and Mr. Dorling fOT y:·ur he1p and
taking the lime to set up the meeting òn July 1, 2005 with lif. residents of ·
·
Pelican Uarbor. Thank you very much. V. . ~ t
~
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·
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T$Is MESSACE IS INTENDED ONIJY FOR THI<::USÉ OF THR TNDIVIDl ~ TO
~OM, OR ENTITY TO WIDCR, IT IS ADDRESSED AND MAY CONTA: N !
INFORMATION THAT IS PRTVILEGEn, CONFlD~NTfAL OR EXI<:MPT FROM ~
¡
D~CLOSURE UNDER APPLICABLE LA \V. Tr the reader of this message is lI)t the i
·
!
"
iJ1~nded recipient or the l."Tuployee or agl.'11t responsible Lor deliveling lhe tlle~sage :0 thc ¡
Ì
in~nded recipient, you are hereby notified that any dissemination, distributiop. Qr .opying ofthis Ì
eoÌtununicarion is prohibited. !fyou hive received thìs communication in capr. pl.~e notitY us i
ini-ncdiately by telephone (collect). and return lhc original message to us at the ab.·ve address ~
.
vi. the U.S. Postal Service_ Thank you. I
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