07-19-05 Minutes
JULY 19.2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, July 19,2005.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Ab sent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Janet K. Whipple, Acting City Clerk
Mayor Perlman stated he would like to observe a moment of silence for
three valued members of the community who passed away last week. He stated the
mother (Rita Weaver) of the former CRA Chairman John Weaver, the mother (Ruth
Chapin) of former City Councilman Robert Chapin and the mother (Alice Carney) of
current CRA member Tom Carney.
2. The opening prayer was delivered by Reverend Nancy McCarthy (St.
Paul's Episcopal Church) and whose Parish is in Deerfield Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
gIven.
4. AGENDA APPRO V AL.
Mayor Perlman noted the addition of information for Item 8.J.5, Award
of Bids and Contracts. He also noted the addition of Item 8.K., Two (2) K-9 Sale and
Hold Harmless A2reements for Approval/Officers Kenneth Duarte and David
Weatherspoon and the Citv of Delrav Beach and Item 8.L., Proposal for a
Comprehensive Survev of the Citizens of Delrav Beach Re2ardin2 Their Perceptions
of Our Police Department to the Consent Agenda by addendum.
Mr. Levinson moved to approve the Agenda as amended, 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.
07/19/05
5. APPRO V AL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular meeting of
July 5, 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.
Mrs. Ellis moved to approve the Minutes of the Special/Workshop
Meeting of July 12, 2005, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMA TIONS:
6.A. National Kids Dav - AU2ust 7. 2005 will be mailed to Stephanie
Shiplev. Development Coordinator of the Bovs & Girls Clubs of Palm Beach.
Countv. Inc.
Mayor Perlman read and presented a proclamation hereby proclaiming the
first Sunday in August as National Kids Day in the City of Del ray Beach. He stated this
proclamation will be mailed since Stephanie Shipley is not in attendance this evening.
7. PRESENTATIONS:
7.A. Le2islative Session U pdate - Senator Ron Klein
Senator Ron Klein with the 30th District (includes Delray Beach and parts
of Palm Beach and Broward Counties) presented the Commission with the 2005
Legislative Session update (a copy is attached hereto and made an official part of the
minutes).
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL BOUNDARY PLAT APPROVAL/OWENS BAKER PLAT:
Approve the boundary plat for Owens Baker Plat (Atlantic High School Site) which
includes formal abandonments of rights-of-way of dedicated street networks within the
Parkside Townhomes and Breezy Ridge Estates Plat, located on the north side of West
Atlantic A venue, between Coral Trace Boulevard and the Lake Worth Drainage District
(LWDD) E-4 Canal.
8.B. RESOLUTION NO. 49-05: Approve Resolution No. 49-05 assessing
costs for action necessary to remove junked and/or abandoned vehicles from six (6)
properties throughout the City.
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The caption of Resolution No. 49-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 90 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED
AND/OR ABANDONED VEHICLES WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR
UNP AID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 49-05 is on file in the City Clerk's
Office. )
8.C. EASEMENT DEEDS/S.W./N.W. 5TH A VENUE: Approve and accept
easement deeds and construction documents with property owners along S.W./N.W. 5th
Avenue for the S.W./N.W. 5th Avenue Improvements Project.
8.D. DONATION OF BRONZE STATUE: Authorize acceptance of a gift of
a bronze replica of a boy on a skateboard, valued at $2,500.00, for the Skate Park.
8.E. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)!
RESOLUTION NO. 46-05 AND RESOLUTION NO. 47-05/GATEWAY PARKS:
Approve a Joint Participation Agreement (JP A) and a Memorandum of Agreement
(MOA) with the Florida Department of Transportation (FDOT) for funding in the amount
of$40,000.00 for landscape improvements to the Gateway Parks; and approve Resolution
No. 46-05 and Resolution No. 47-05.
The caption of Resolution No. 46-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, APPROVING
THE JOINT PARTICIPATION AGREEMENT FOR THE
IMPROVEMENTS AND FUNDING OF THE
GATEWAY PARKS LOCATED ADJACENT TO
ATLANTIC A VENUE ON THE EAST SIDE OF 1-95
AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
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(The official copy of Resolution No. 46-05 is on file in the City Clerk's
Office. )
The caption of Resolution No. 47-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, APPROVING
THE MAINTENANCE MEMORANDUM OF
AGREEMENT FOR IMPROVEMENTS TO AREAS
ADJACENT TO ATLANTIC A VENUE AND ruST
EAST OF 1-95 AND AUTHORIZING THE EXECUTION
OF THE AGREEMENT.
(The official copy of Resolution No. 47-05 is on file in the City Clerk's
Office. )
8.F. SERVICE AUTHORIZATION NO. 2/HAZEN & SAWYER. INC.:
Approve Service Authorization No. 2 to Hazen & Sawyer, Inc. in the amount of
$163,150.00 for design of infrastructure improvements for the Osceola Park
Neighborhood Improvements Project. Funding is available from 334-3162-541-65.85
(General Construction Fund/Osceola Park), 442-5178-536-65.85 (Water/Sewer Renewal
& Replacement Fund/Osceola Park), and 448-5461-538-65.85 (Stormwater Utility Fund/
Osceola Park).
8.G. RESOLUTION NO. 51-05: Approve Resolution No. 51-05 adopting the
National Incident Management System (NIMS) as the official management standard for
emergency operations within the City.
The caption of Resolution No. 51-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, DESIGNATING
THE NATIONAL INCIDENT MANAGEMENT SYSTEM
(NIMS) AS THE CITY'S INCIDENT MANAGEMENT
STANDARD FOR EMERGENCIES OCCURRING
WITHIN THE CITY.
(The official copy of Resolution No. 51-05 is on file in the City Clerk's
Office. )
8.H. SERVICE AUTHORIZA TION NO. 2/KEITH & SCHNARS:
Approve Service Authorization NO.2 to Keith & Schnars in the amount of $125,760.00
for design of hardscaping and landscaping improvements for the West Atlantic Avenue
Phase 3 Beautification Project. Funding is available from 334-3162-541-65.24 (General
Construction Fund/West Atlantic Avenue Beautification Phase 3/10th Avenue to 6th
Avenue) and 441-5161-536-65.24 (Water/Sewer Fund/West Atlantic Avenue
Beautification Phase 3/10th Avenue to 6th Avenue).
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8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period July 5,2005 through July 15,20005.
8.J. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Conco Horticultural in the amount of $36,093.50 for
the installation of a landscape buffer at the Gateway Parks.
Funding is available from 119-4151-572-61.74 (Beautification
Trust Fund/Gateway Parks).
2. Purchase award to Contemporary Controls & Communications,
Inc. in the amount of$41,328.67 for the purchase of nine (9) Flow
Meters, one (1) Irrinet with two (2) radios and eight (8) Scorpio
Controllers for the West Linton Boulevard Beautification Project.
Funding is available from 119-4151-572-63.20 (Beautification
Trust FundILandscaping/Beautification).
3. Purchase award to GameTime in the amount of $79,996.84 via
Florida State Contract #650-001-04-1 for playground equipment
for Lake Ida Park. Funding is available from 380-4150-572-63.26
(2004 G.O. BondlLake Ida Park).
4. Purchase award to GameTime in the amount of $39,692.11 via
Florida State Contract #650-001-04-1 for playground equipment
for the Mike Machek Boy Scout Park. Funding is available from
380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Hut Park).
5. Contract award to Chaz Equipment for the Swinton Avenue
Beautification Project. Contract award to Chaz Equipment Co., in
the amount of $1,154,230.00 (City contribution $747,956.00; CRA
contribution $406,274.00) for Beautification Improvements along
Swinton Avenue from S.W./SE 2nd Street to Lake Ida Road and
N.W. 1st Street from N.W. 1st Avenue to N. Swinton Avenue.
Funding is available from 119-4151-572.60-69 (after the transfer and
contribution from CRA).
8.K. TWO (2) K-9 SALE AND HOLD HARMLESS AGREEMENTS FOR
APPRO V AL/OFFICERS KENNETH DUARTE AND DA VID WEATHERSPOON
AND THE CITY OF DELRAY BEACH: Consider approval of two (2) Police K-9
Sale and Hold Harmless Agreements between Officers Kenneth Duarte and David
Weatherspoon and the City of Delray Beach. These agreements authorize the sale of Don
and Art (German Shepherds) to Weatherspoon and Duarte respectively for $1.00.
Officers Weatherspoon and Duarte further indemnify the City for any damages caused by
the K-9's after the sale.
8.L. PROPOSAL FOR A COMPREHENSIVE SURVEY OF THE
CITIZENS OF DELRA Y BEACH REGARDING THEIR PERCEPTIONS OF
OUR POLICE DEPARTMENT: Approve agreement with DiagnosticsPlus, a sole
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source vendor, to conduct a survey to obtain a comprehensive, representative picture of
attitudes and perceptions of the citizens of the City of Delray Beach regarding their
Police Department. The results of the research will identify positive and productive
approaches to improving the services provided, and to better the communications
between the citizens and the Police Department. The total cost for the survey will be
$25,000.00; funds are available in 115-2112-521-49.90 (Other Current Charges).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded
by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. WAIVER REQUEST/SHERWOOD PONTIAC DEALERSHIP:
Consider a waiver request to allow a temporary sales/office trailer for Sherwood Pontiac,
located at 2450 South Federal Highway, approximately 600 feet north of Fladell's Way.
(Quasi-Judicial Hearing)
Mayor Perlman read the Quasi-Judicial 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. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-239 into the record.
Mr. Dorling stated on April 27, 2005, the Site Plan Review and
Appearance Board (SPRAB) approved the demolition of the existing 1,530 square foot
modular sales office building, construction of a 4,543 square foot sales office and get-
ready building, reconfiguration of the parking area adjacent to the proposed building,
reducing the parking spaces from 194 to 164, and installation of associated landscaping.
The developer is now requesting to relocate the existing 1,530 square foot modular sales
office building to another location on the site to serve as a temporary sales trailer during
construction of the new sales building.
As permits for temporary modular buildings are not specifically identified
in the list of allowable temporary uses provided in the LDR Section 2.4.6(F), approval of
a waiver from the City Commission is required and is now requested. The required
findings under LDR Section 2.4.7(B)(5) are found in the staff report and staff
recommends approval of the waiver subject to the temporary relocation of the trailer for
18 months, and that the trailer permit be issued in conjunction with the building permit
for the permanent building. The recommendation of staff is based upon positive findings
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with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: (1) that a
site plan modification is processed and approval obtained from the Site Plan Review and
Appearance Board (SPRAB), and (2) that the site be fully restored in compliance with the
approved site plan of Sherwood Pontiac Used Cars Dealership once the trailer is
removed.
At this point, the applicant stepped forward.
Mark Marsh of Digby Bridges, Marsh & Associates P.A., (Architects) 124
N.E. 5th Avenue, Delray Beach, stated he has no comments.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to come forward at this time.
Ms. McCarthy moved to approve the waiver request to allow a temporary
permit for a temporary sales office facility, for a period not to exceed 18 months, to be
issued in conjunction with the building permit for the permanent building; based upon
positive findings with respect to LDR Section 2.4.7(B)(5), subject to the two (2)
conditions listed in the Planning and Zoning staff report, 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
o vote.
9.B. RECONSIDERA TION OF APPROVED OPERA TING HOURS
CONDITIONAL USE REQUESTS/QUICK LANE TIRE SERVICE
CENTER/FULL SERVICE AUTO REPAIR: Reconsideration of the approved
operating hours for 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.
At this point, the City Attorney stated it would be appropriate for the City
Commission to make a motion for reconsideration, vote, and then hear the evidence
presented.
Mrs. Ellis moved to approve reconsideration of the approved Conditional
Uses granted by the City Commission, seconded Mrs. Archer. 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.
The City Attorney announced that the Commission can now continue with
the Quasi-Judicial Hearing.
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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 is a reconsideration of two (2) conditional uses
granted by the City Commission on July 5, 2005. One was a specialized Quick Lane Tire
Service Center (all make lube and tire service) and one a Full Service Auto Repair
facility in conjunction with a used car dealership. At that meeting, the City Commission
approved these conditional use requests subject to restrictions on the hours of operation
as recommended by the Planning and Zoning Board. The original hours requested by the
applicant are for the Full Service Auto Repair facility would be Monday through
Thursday, 8:00 a.m. to 8:00 p.m., Friday, 8:00 a.m. to 6:00 p.m., Saturday 8:00 a.m. to
5:00 p.m., and Sunday 12:00 noon to 5:00 p.m. The Commission approved the
conditional uses with the modifications limiting the starting time for the Quick Lane Tire
Service Center operation hours to begin at 8:00 a.m. versus 7:00 a.m. and not allowing
the Sunday hours for the Auto Repair Facility. This was based upon concerns relating to
the impact on residential uses immediately to the east.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the Conditional Use request. After discussion, the
Board voted (7-0) in favor of the two Conditional Use requests, (1) to establish a Quick
Lane Tire Service Center but to restrict the hours of Monday through Thursday, 8:00 a.m.
to 7:00 p.m., Friday, 8:00 a.m. to 6:00 p.m., Saturday 8:00 a.m. to 5:00 p.m., no operation
on Sunday, and (2) to establish a Full Service Auto Repair facility in conjunction with a
used car dealership with no Sunday hours, and by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(E)(5), and Chapter 3 of the LDR's. Staff recommends reaffirming the original
approvals of these two conditional uses with the hours of operation as originally
requested.
Michael Weiner, Attorney with Weiner & Aronson, P.A, 102 N. Swinton
Avenue, Delray Beach, stated this facility has been used as automotive repair and dates
back as a Volkswagen Dealership in the 1960's before many of the houses were built.
Mr. Weiner stated since that time an eight foot high wall and landscaping has been added.
He stated in reviewing other automotive repair facilities (the applicant's competitors) are
open for those same hours and therefore the applicant has been placed at a competitive
disadvantage as a result of this Conditional Use. Mr. Weiner stated these hours are
common in the industry; however, the applicant would be able to open up to these hours
of operation thus the reason for the reconsideration. Mr. Weiner entered into the record
studies that were performed with respect to noise, and urged the Commission to support
the reconsideration.
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Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the reconsideration, to come forward at this time. No one from
the public wished to address the Commission regarding the reconsideration.
Brief discussion by the Commission followed.
Mr. Levinson moved to approve leaving the hours of operation the same
as was previously approved with the change that the Full Service Auto Repair Facility be
changed from 8:00 a.m. to 7:00 p.m. (Monday through Thursday) and Friday would be
8:00 a.m. to 6:00 p.m., Saturdays from 8:00 a.m. to 5:00 p.m. with no Sunday hours; and
that the Auto Center Portion close at 7:00 p.m. Monday through Thursday.
Due to a lack of a second, the first motion failed and Mrs. Ellis stated the
following alternative motion:
Mrs. Ellis moved to approve to reaffirm the original Conditional Use,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting.
9.C. AGREEMENT/JEG ASSOCIATES. INC.: Consider two (2) options
for resolving the conflict of interest regarding the JEG Associates, Inc. Agreement for
consulting services for the implementation of the Southwest Neighborhood Plan.
The City Attorney stated Mr. Joe Gray, President of JEG Associates, Inc.
has been offered a position with the Community Redevelopment Agency (CRA) and
therefore the existing contract with the City of Del ray Beach needs to be addressed. Staff
has performed research on what is required by the Division of Ethics and according to the
findings, the City can (1) terminate the contract upon 30 days notice or, (2) accept an
assignment to another entity or person or deny such assignment.
Mr. Levinson directed staff to review who they would like to assign the
contract to.
Mr. Levinson moved to accept an assignment to the contract, 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.D. PROPOSED MILLAGE RATE: Consider approval of a proposed
millage rate for FY 2006, and set the budget review and adoption schedule.
The City Manager gave a brief summary of the proposed budget. He
suggested that in addition to the Work Session on August 9, 2005 that the Commission
schedule a second Budget Work Session on August 23, 2005 and if necessary a third
Work Session could be scheduled for August 30,2005.
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The City Manager recommends that the proposed millage for fiscal year
2005/2006 be set at 7.9 mills. He stated the millage rate could be lowered but not raised.
Mr. Levinson stated this would preclude the Commission from
maintaining the current tax rate. If they choose to go to 7.9 mills it would require the
City to reduce the taxes to at least 7.9 mills. He stated he is uncomfortable doing this
without having had the opportunity to review or discuss the budget thoroughly although
the City Manager has explained some of the highlights this evening. Mr. Levinson
supports setting the cap at 8.0 mills and work at reducing the millage rate to 7.9 mills or
lower.
Mrs. Archer concurred with comments expressed by Mr. Levinson.
Mayor Perlman stated he supports keeping the proposed millage rate at 8.0
mills this evening; however, he feels it is important to trim the millage this year in light
of the growth that the City of Delray Beach has had.
Ms. McCarthy stated she will support holding the millage rate as is at 8.0
mills. She stated every year there is a multitude of demands that come from citizens and
staffing because we are such a busy City, she would like to see the millage rate lowered
even if it is only a tenth of a percent. She stated the sales in Delray Beach and the taxes
that have jumped from homes that previously had not sold for years defied the loss of
income because of the three percent "Save Our Home" tax increments. Ms. McCarthy
stated this is the first time in approximately five years that the City has not raised the
millage rate.
After brief discussion, it was the consensus of the Commission to support
the current millage rate of 8.0 mills at this time, and direct staff to work at reducing the
millage rate before the final budget is adopted.
Mr. Levinson moved to adopt the proposed millage rate at 8.0 mills,
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.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 50-05: An ordinance designating the Sewell C.
Biggs House, located at 212 Seabreeze Avenue, to the Local Register of Historic Places.
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 50-05 is as follows:
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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. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Warren Adams, Historic Preservation Planner, stated the Sewell C. Biggs
House (212 Seabreeze Avenue) was originally owned by Sewell C. Biggs, a person
important in preserving, conserving, and promoting American fine and decorative arts.
The style of the home is a design unique to Delray Beach and is the artistic work of an
architect who was a leader in the 20th century American design field. It is also the only
Paul Rudolph designed building in Delray Beach and is an example of the skill of the
Sinks construction firm which built some of the best surviving historic buildings in
Delray Beach. To qualify as a historic site the property must fulfill one or more of the
criteria set forth in the Land Development Regulations, Sections 4.5.1(B)(2) and/or (3).
It is associated in a significant way with the life or activities of a major person important
in the city, state, or national history; it embodies those distinguishing characteristics of an
architectural style, period, or method of construction; it is a historic or outstanding work
of a prominent architect, designer, landscape architect, or builder and, it contains
elements of design, detail, material, or craftsmanship of outstanding quality or which
represented, in its time, a significant innovation or adaptation to the South Florida
environment.
At its meeting of May 4, 2005, the Historic Preservation Board (HPB)
conducted a formal review of the designation report and set a public hearing date for the
designation of the subject property for May 18, 2005. However, the applicant did not
submit the required names and addresses of property owners within a 500' radius of the
property to meet that deadline, the public hearing was held on June 15, 2005, when the
HPB voted unanimously (7-0) to forward a recommendation of approval to the City
Commission. Staff recommends approval to list the Sewell C. Biggs House (212
Seabreeze Avenue) in the Local Register of Historic Places.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 50-05, the public
hearing was closed.
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07/19/05
Mr. Levinson moved to adopt Ordinance No. 50-05 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
10.B. 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 Cafés. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 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, "SIDEWALK CAFÉ"
OF THE LAND DEVELOPMENT REGULATIONS
TO PROVIDE FOR A REVISED DEFINITION OF
SIDEWALK 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 ruRISDICTION OF THE CODE
ENFORCEMENT BOARD; PROVIDING A SA VING
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. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the proposed
amendment provides clarification to the definition of Sidewalk, Café; provides for permit
compliance dates; standards for denial, suspension, revocation, or appeals; and clarifies
the jurisdiction of the Code Enforcement Board. With respect to changes to the
definition it clarifies that sidewalk cafes are outside seating which occurs on either public
or private property.
At its meeting of June 20, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. After discussing the amendment, the Board
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voted 7-0 to recommend approval of the proposed amendment, by adopting the findings
of fact and law contained in the staff report, and findings that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
LDR's.
Mayor Perlman declared the public hearing open.
Christie Campbell, 424 E. Atlantic Avenue, Delray Beach (owner of
Beach Music), stated she took some photographs this afternoon with her camera phone
and noted that the picture that Code Enforcement took was at an angle with no cars
parked there which appears to give a wider passage. She stated people cannot get
through on the sidewalks and there is no passage in between the tables. She and fellow
merchants feel it has been interfering with traffic that could be coming into the stores.
She requested that there be a variance that would allow at least two people to walk by at
the same time.
The City Manager stated the intent is that the five feet is not measured
from the curb but it is measured from the obstacles that are inside the curb. He stated
there should be a five foot clear area measured back from the sign toward the storefront
and noted that this is where the five feet should start.
Debbie Duckett, 215 Enfield Road, Delray Beach, stated the amendment is
being classified as a clarification and in her opinion it is adding a whole new category of
businesses to the ordinance (i.e. patio restaurants). Ms. Duckett stated as the ordinance
stands now it only applies to actual sidewalk cafés (cafés on City property). In her
opinion, she stated adding the private restaurants should not be included in this section of
the ordinance because as it stands now some of the terms in the ordinance do not apply to
the public restaurants. Ms. Duckett stated there may be constitutional violations with
regard to the equal protection clause because she does not know whether there is a
rational basis treating patio cafés this way and not treating indoor cafés or enclosed patio
cafés the same way. She stated she believes that the indoor restaurants and the enclosed
patio restaurants have to pay a fee for parking and the patio type restaurants that are not
enclosed do not.
There being no one who wished to address the Commission regarding
Ordinance No. 51-05, the public hearing was closed.
The City Attorney stated certain restaurants that have courtyards, etc. have
a certain parking requirement that includes that outdoor space which is different than the
sidewalk cafés which do not have the additional parking requirements. The City
Attorney stated with regard to the issue of public versus private property there are
meandering in front of stores which are public and private. Thus, the City Attorney
stated sometimes the tables are straddling lines and it is an enforcement nightmare to
make the determination. This is not meant to include those kinds of courtyard spaces that
have already had a site plan approved.
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07/19/05
Mr. Dorling stated whether it is an indoor or outdoor patio they are all
assessed parking and the sidewalk cafés are not assessed parking but are subject to the
permit fee of $3.00 per square foot of approved sidewalk café space. The sidewalk cafés
area is a combination of public/private property.
Mrs. Ellis moved to adopt Ordinance No. 51-05 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.C. RESOLUTION NO. 48-05: A resolution establishing a budget for the
Stormwater Utility System, establishing the rates for FY 2006 Stormwater Management
Assessments, and certifying and adopting the Stormwater Assessment Roll.
The caption of Resolution No. 48-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ESTABLISHING A BUDGET FOR THE
STORMW ATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMW ATER MANAGEMENT
ASSESSMENTS FOR EACH PARCEL WITHIN THE
BENEFITTED AREA, OTHER THAN NON-ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING,
ALL IN ACCORDANCE WITH CHAPTER 56 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, FLORIDA, AND RELEVANT STATUTORY
AUTHORITY; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE
STORMW ATER ASSESSMENT ROLL.
(The official copy of Resolution No. 48-05 is on file in the City Clerk's
Office. )
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.
The City Manager stated this ordinance establishes the stormwater charge
and staff will be looking into increasing this next year.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Resolution No. 48-05, the public
hearing was closed.
Mr. Levinson moved to approve Resolution No. 48-05 establishing the
rates for fiscal year 2005/2006 stormwater management assessments, and certifies and
adopts the stormwater management assessment roll, seconded by Mrs. Ellis. Upon roll
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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.
10.D. ORDINANCE NO. 49-05: City initiated amendment to Land
Development Regulations (LDR), Section 2.4.3(K)(I), "Development Applications", to
provide for an increase in the Development Application Fees.
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)(I), "DEVELOPMENT APPLICATIONS", TO
PROVIDE FOR AN INCREASE IN THE
DEVELOPMENT APPLICATION FEES; PROVIDING A
SAVING 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. )
At this point, Mr. Levinson left the dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
The City Attorney stated there is a change proposed in this ordinance
which would require staff to treat this as another first reading. The change is to page 5
(bb) Single Family Overlay District Site Plan Review should read $750 and not $525.
Paul Dorling, Director of Planning and Zoning, stated staff is in the final
contract negotiation stages with Land Design South and staff understood that the fee of
$525 was acceptable and they came back with a number slightly higher than $750. Mr.
Dorling stated staff did not finalize this amount until just a few days ago and staff felt this
approach was more prudent.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 49-05, the public
hearing was closed.
Mrs. Archer moved to approve Ordinance No. 49-05 as amended,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said
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07/19/05
motion passed with a 4 to 0 vote.
10.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-I-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
of N.W. 9th Street and N.W. 4th Avenue. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time. Quasi-Judicial Hearing
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-l-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. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the proposed FLUM
amendment and rezoning involves a vacant property totaling 3.4 acres. The property has
had a low density residential land use map designation and single family zoning
designation for more than 40 years. The property was in private ownership until early
2000 when it was donated to the City of Delray Beach for the expressed purpose of
providing a neighborhood park for the community. The proposed land use and zoning
changes are necessary to accomplish this purpose.
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07/19/05
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 requests, the Board voted 7-0 to recommend
approval.
The City Attorney suggested that a Quasi-Judicial Hearing be held on the
rezoning aspect.
Mayor Perlman stated if anyone would like to address the Commission
regarding Ordinance No. 44-05, to come forward at this time.
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 project file #2005-240 into the record.
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Stan Beck, 727 Lakeshore Drive, Delray Beach (2 blocks west of this site)
stated residents in the area would love to see a park in the neighborhood as opposed to
more development.
There being no one else who wished to speak in favor or in opposition of
the rezoning, the public hearing was closed.
Mr. Levinson stated this is actually changing the use to CF (Community
Facilities) so that it will be a park.
Mrs. Archer moved to adopt Ordinance No. 44-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 47-05 (SECOND READING/SECOND 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. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 47-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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07/19/05
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 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. This amendment extends the same
incentive to owners who sell land to accommodate 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 and the Board
voted 7-0 to recommend approval of the proposed amendment.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 47-05, the public
hearing was closed.
Mrs. Archer asked if this would apply to gifts of land. Mr. Dorling stated
the land would have to be sold.
Mr. Levinson moved to adopt Ordinance No. 47-05 on Second
Reading/Second Public Hearing, 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.
10.G. ORDINANCE NO. 46-05 (SECOND READING/SECOND 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
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07/19/05
District.
The caption of Ordinance No. 46-05 is as follows:
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 SA VING 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 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 the proposed text
amendment is to add to the list of principal use and structures allowed as permitted uses
in the CF (Community Facilities) zoning 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
considered this item. There was no public testimony and the Board recommended
approval (7-0).
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 46-05, the public
hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 46-05 on Second
Reading/Second Public Hearing, seconded by Mrs. Archer. 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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07/19/05
10.H. ORDINANCE NO. 48-05 (SECOND READING/SECOND 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. Prior
to consideration of passage of this ordinance on Second Reading/Second Public Hearing,
a public hearing has been scheduled to be held at this time.
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. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the desire is to have
consistent definitions of Residential Licensed Service Providers throughout the City's
Land Development Regulations and its Appendix of Definitions. A proactive approach
to prevent alcohol and drug abuse is needed; therefore the City encourages Prevention
Education regarding alcohol and drug abuse. He stated in order to help encourage
Prevention Education, those Licensed Service Providers that are licensed under Chapter
397, Florida Statute for the sole purpose of providing Prevention Education should be
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07/19/05
excluded from the definitions of Residential and Non-Residential Licensed Service
Providers since Prevention Education does not involve medical treatment and is not
residential in nature. This exclusion would apply to license service providers who only
provide education to locate without the distance restrictions. Mr. Dorling stated drug
educators would not be treated the same as drug rehab centers.
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.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 48-05, the public
hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 48-05 on Second
Reading/Second Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
10.1. 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 of35.097(N). Prior to consideration of passage
of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to
be held at this time.
The caption of Ordinance No. 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.
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07/19/05
(The official copy of Ordinance No. 52-05 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 52-05,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 52-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquires on Non-Agenda Items from the City Manager and the Public.
II.A. Citv Mana2er's response to prior public comments and inauiries.
At the last meeting, Mr. Glover spoke on behalf of Debra Lewis regarding
her pending eviction from the Delray Beach Housing Authority and Mrs. Fields (sister to
Debra Lewis) expressed concern about whether Debra's son could visit at Carver Estates.
The City Manager stated there was a previous eviction notice filed in 2004 against Mrs.
Lewis because of a number of criminal charges against her son over a period of time
involving different incidents. When this went to County Court the resolution was that the
County Court issued an order that states "Eddie Rollerson shall be ordered to not come
upon the premises of Carver Estates." The City Manager stated when Mr. Rollerson
came to Carver Estates this is when the Police arrested him and Mrs. Lewis became
involved and made threatening statements. The City Manager stated the Delray Beach
Housing Authority was looking into this matter further because there was some
conflicting witness testimony. The City Manager stated this is the second time Mrs.
Lewis has been given an eviction notice and he will try to give the Commission an update
on the current status.
11.B. From the Public.
11.B.1. Rosetta Rolle. 301 N.W. 3rd Avenue. Delrav Beach. stated she attended
the City Commission meeting of July 5, 2005 and spoke about eminent domain and the
Supreme Court ruling. Mrs. Rolle asked for an answer on what Delray Beach proposes to
do regarding eminent domain.
Mayor Perlman stated the City Attorney had prepared copies of the City's
history on eminent domain (when it was used and the reason it was used by both the City
of Del ray Beach and the Community Redevelopment Agency (CRA). The City Attorney
stated the Attorney General's opinion was that in Florida the Supreme Court ruling does
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07/19/05
not affect our law because, in his opinion, there has to be "blight" to take property for
economic development. The City Attorney stated she has provided copies of the eminent
domain cases in the City of Delray Beach for the past fifteen years. In the last five years
the City has had only two cases. She stated neither case took homesteaded property for
economic development. Instead the properties had been taken for public purposes
(Central Fire Stations in the early 1990's, Tennis Center expansion, roadway extensions,
master booster (lift) station, road improvements, and the like. The City Attorney stated
there was extinguishing of a title by the City and also one business was taken by eminent
domain with regard to the relocation of Atlantic High School. The City Attorney stated
the CRA took vacant lots not homesteaded property or commercial restaurants. The City
Attorney stated there were a few apartments which were taken for public parking for the
Courthouse and the new Delray Beach Library, and to clear title defects. She stated there
is a recent case regarding the downtown parking and the public park downtown.
Mrs. Rolle stated approximately twenty years ago the State of Florida
declared a "belt of blight" from Jupiter to Deerfield Beach near 1-95. She expressed
concern that some of the residential areas in Delray Beach might be declared as a "belt of
blight" because some residents may not be able to afford to repair or rehabilitate their
homes.
The City Attorney stated there is a Florida Statute dealing with
Community Redevelopment Agencies, and there are findings that need to be made by the
City Commission as to areas that meet the definition under that Statute of "blight".
Therefore, the City Attorney stated she feels it would be limited under the Statute.
11.B.2. Shirlev Johnson. 701 N.W. 4th Street. Delrav Beach. stated she too is
speaking this evening because she did not hear an answer that the City would provide
residents with information regarding eminent domain. Ms. Johnson stated there is a great
fear in the community because citizens are under the impression that it is easier now than
ever to declare an area "blighted property" and to take property by eminent domain. She
stated the entire community (northwest, southwest, African-American predominantly) is
feeling very stressed about this issue. Mrs. Johnson read into the record an article from
the newspaper and distributed copies to the City Commission. She stated it behooves the
City Commission, the City of Del ray Beach officials, and the CRA to not take lightly that
the citizens are feeling threatened. Mt. Olive Baptist Church (one of the oldest churches
in the city) is being sued over a dispute as to whether or not they wanted to sell a lot and
the developer is using all its power to say otherwise. Mrs. Johnson stated the citizens do
not take lightly that developers can come in and take whatever they want, whenever they
want, and for whatever reason.
Mayor Perlman stated since 2000, the focus of this Commission has been
to improve the Northwest and Southwest sections without displacing people and without
using eminent domain. He stated the City of Delray Beach asked the communities to
participate in a plan to improve the quality of life and the conditions in these
neighborhoods which have been neglected for a long time. Many residents stepped up
and participated in, what was over a year long process, and developed a plan that the City
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07/19/05
Commission and the Community Redevelopment Agency (CRA) has since adopted;
which specifically calls for "development without displacement" and without the use of
eminent domain. Mayor Perlman stated the underlining philosophy of the
SouthwestINorthwest Plan was not to involuntarily displace anyone but was to keep the
neighborhoods intact and to develop policies so people could stay in their homes if they
choose to do so. Mayor Perlman stated this does not prevent a homeowner from selling a
home to someone in a private transaction. However, Mayor Perlman stated it would be
the policy of the City to not displace, gentrify, involuntarily move people, or use eminent
domain. Mayor Perlman stated this is an official policy the City has been working on for
several years. The City is developing other things to increase the affordability of housing
in that area, to improve the existing housing stock, to invest money in infrastructure
(sidewalks, parks, and schools), and to improve the neighborhoods without displacing the
residents. In addition, Mayor Perlman stated if anyone has any fears, or hears rumors, the
Commission would like to be informed before the stress overwhelms everyone. Often the
Commission can provide residents with the information that will help answer questions
and help to ease concerns. Mayor Perlman stated the focus of the City Commission and
the CRA is to improve the neighborhoods without displacement. Mayor Perlman stated
this is the focus he hopes will continue into the future but these decisions cannot bind
future Commissions. However, he is hoping that when citizens vote they will ask
questions concerning their commitment to the SouthwestINorthwest Plan, the West
Settlers' Historic District and Martin Luther King Drive, etc. He stated this City
Commission is moving forward on the SouthwestINorthwest Plan that was developed
alongside the neighborhood.
Ms. McCarthy stated the CRA does have an employee working on the
Southwest Plan that has been calling residents on homes which were not homesteaded but
are investment properties (duplexes, single-family homes that are rented out). She stated
when the CRA calls; they also send correspondence in the mail to inform them that
someone from the CRA will be contacting them to discuss the letter they have received in
the mail. Ms. McCarthy stated homestead property is someone's primary residence
where they live and own. The CRA is not going after homesteaded houses, to the best of
her knowledge and by the research that has been as well. She stated because many
people who own investment properties in the southwest section are becoming aware of
the Southwest Plan that was developed, and devised by the citizens of Delray Beach, are
asking if they have to give away their land for it to be developed. Ms. McCarthy stated
that an individual does not have to give away their land for it to be developed; unless they
choose to do so. She stated the SouthwestINorthwest Plan is a Plan of goals and visions
the citizens said they desire to have in the community (i.e. more housing, different
housing, upgraded housing, and newer housing) and it is a Plan used as an outline to
achieve the things that the community would like to see in their neighborhood. Ms.
McCarthy encouraged the community to report anything they do not feel comfortable
with, and something will be done about it. Ms. McCarthy stated no one will be forced to
do anything they do not wish to do.
11.B.3. Stephen Kin2. 312 N.W. 11th Avenue. Delrav Beach. stated he is glad to
hear that eminent domain will not be used and asked that the community be better
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07/19/05
informed concerning the City's position. Mr. King stated after listening to the Mayor's
explanation it has helped to alleviate some of his fears regarding eminent domain.
Mr. Levinson stated people have been disseminating flyers that were only
delivered to the SouthwestINorthwest neighborhoods, specifically targeting the minority
community. Mr. King suggested this document that explains when and where eminent
domain has been used and the Mayor's comments be provided to the citizens via the
City's website.
Ms. McCarthy stated for the benefit of the people who have not seen the
flyers, she is fully aware that there are circulars that we read, airwaves that we listen to,
and that we are getting inundated with information from other states and cities
concerning eminent domain.
11.B.4. Pearl "Bunnv" Markfield Elrod. 302 S.W. 1st Avenue. Delrav Beach.
stated she is the individual who distributed the flyers that were mentioned this evening.
She stated she is President of her homeowners association (Merritt Park) and is on the
Southwest Presidents Association and feels she has the right to inform her neighbors and
friends if she thinks something is happening that they should be aware of. Mrs. Elrod
stated this flyer was not only distributed to the SouthwestINorthwest neighborhood but
was also distributed to people at the Seagate Beach Club, as well, who also spoke at the
July 5, 2005 City Commission meeting. Mrs. Elrod stated if the public is not allowed to
say what they think about an issue that affects them, their friends, neighbors, city or
country, she feels the problem is much greater than eminent domain.
11.B.5. Joe Grav. 2115 Sprin2 Harbor Drive. Delrav Beach. thanked the City
Commission for addressing this issue and stated he has been working in the community
for the last few years following up on the SouthwestINorthwest Plan. He stated the
community has been very excited about what the Plan is all about and therefore was very
dismayed when this issue regarding eminent domain came up and people were upset and
started looking at the Plan in a different way. He encouraged everyone to stay informed
by getting involved and staying involved. Mr. Gray stated he goes out every month on a
regular basis to several neighborhood association meetings talking about all the projects
and plans that are going on in the Southwest and Northwest areas. He recommended that
everyone get involved in their neighborhood association meetings and attend the West
Atlantic Avenue Redevelopment Coalition (W ARC) meetings to help eliminate any
misinformation. Mr. Gray stated that W ARC holds their meetings the first Monday of
every month at the Delray Full Service Center at 6:00 p.m.
Mr. Levinson suggested that the calendar on the website include all
meetings Citywide in order to create a centralized location for the public to access
meetings and that the email subscription be updated to include the City's calendar.
At this point, the Commission moved back to Item 9.E. of the Regular
Agenda.
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07/19/05
9.E. REQUEST/NAMING OF INGRESS-EGRESS EASEMENT:
Consider a request to name an Ingress-Egress Easement "Pugliese's Way", located north
ofN.E. 1st Street between N.E. 2nd Avenue and 3rd Avenue within the Creations at Delray
Beach Development.
Paul Dorling, Director of Planning and Zoning, stated the adoption of this
policy was in part due to problems that were experienced in the renaming of streets for
the Street Name Auction. On June 7, 2005, the City Commission approved a Final Plat
for Villas in the Grove (a/k/a Astor Condominiums), a mixed-use condominium project
located within the Creations at Delray Beach development. An ingress-egress easement
was dedicated on this plat to serve as a southerly extension of the north-south alleyway
through this site to connect to N.E. 1 st Street. The site is currently owned by Mr. Pugliese
(Creations at Delray Beach owner) and Altman Development Corporation.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, representing Mr. Pugliese, stated this is not a street but is an
access easement. He stated since there is precedent, there will be less confusion since it
actually gives an address for a front door, and since the remainder of the alley is at the
discretion of the Commission, or whatever the Commission, or whatever is decided will
not affect any present development and the area is unlikely to have future development,
this access should be given a name.
Richard MacF arlane, representing Altman Development Corporation
(developer of the condominium) stated they support the naming of the easement;
however, they would like their condominium units to be addressed on non-public streets.
Mr. Dorling stated it is also the applicant's desire to have this name placed
on the plat and if the Commission wishes to do so then staff will need direction to
proceed.
Mrs. Archer moved to approve the naming of the ingress/egress easement
"Pugliese's Way" (the entire alleyway) within the Creations at Delray Beach
Development, with direction to staff to modify the plat, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman -
Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with
a 5 to 0 vote.
9.F. AMENDMENT NO. I/FUNDING AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY (CRA)!CHAMBER OF COMMERCE/ BUSINESS
RECRUITMENT: Consider approval of Amendment NO.1 to the Funding Agreement
between the City, the Community Redevelopment Agency (CRA), and the Chamber of
Commerce for the funding of the Business Recruitment Director position.
Mayor Perlman declared a Conflict of Interest and passed the gavel to
Vice Mayor Levinson and stepped down from the dais.
- 26-
07/19/05
Mrs. Ellis moved to approve Amendment NO.1 to the Funding Agreement
between the City of Delray Beach and the Community Redevelopment Agency (CRA),
and the Chamber of Commerce for the funding of the Business Recruitment Director
position, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
9.G. EXTENSION/MOTOROLA MAINTENANCE AND SUPPORT
AGREEMENT: Approve an extension to the Maintenance and Support Agreement
SA#002292-000 with Motorola in the annual amount of $46,044.00 for support and
upgrades to the Mobile Data Computer Software for the Police Department. Funding is
available from 001-2113-521-46.90 (General Fund/Other Repair/Maintenance Costs).
At this point, Mayor Perlman returned to the dais.
Vice Mayor Levinson declared a Conflict of Interest and passed the gavel
back to Mayor Perlman and stepped down from the dais.
Mrs. Archer moved to approve the extension to the Maintenance and
Support Agreement, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
9.H. CLASS ACTION SETTLEMENT/AON COMPANY: Consider
approval of participating in a class action settlement to collect money from the Daniel
Fund regarding insurance purchased from Aon Company.
Terrill Barton, Assistant City Attorney, stated staff is requesting
permission to participate in a class action settlement for policyholder clients who
obtained insurance through Aon Company between January 1, 1994 and December 31,
2004.
Mrs. Ellis moved to approve that the City of Delray Beach would
participate in a class action settlement to collect money from the Daniel Fund regarding
insurance purchased from Aon Company, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
9.1. APPOINTMENT OF COMMUNITY REDEVELOPMENT
AGENCY (CRA) CHAIRMANNICE-CHAIRMAN: Appoint a Chairman and Vice-
Chairman to the Community Redevelopment Agency Board.
Mayor Perlman declared a Conflict of Interest and passed the gavel to
Vice Mayor Levinson and stepped down from the dais.
- 27-
07/19/05
Ms. McCarthy moved to appoint Brenda Montague as Chairman to the
Community Redevelopment Agency (CRA), seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote.
Ms. McCarthy moved to appoint Lamar Shuler as Vice Chairman to the
Community Redevelopment Agency (CRA), seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.J. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) resident member to the Delray Beach Housing
Authority for an unexpired term ending July 14, 2006. Based upon the rotation system,
the appointment will be made by Commissioner McCarthy (Seat #4).
At this point, Mayor Perlman returned to the dais.
Ms. McCarthy moved to appoint Andre Tookes as a resident member to
the Delray Beach Housing Authority for an unexpired term ending July 14, 2006,
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.
9.K. APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board for a two (2) year term 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) and
Commissioner Archer (Seat #2).
Mayor Perlman stated he wished to appoint Mary McKenna as a regular
member to the Education Board for a two (2) year term ending July 31, 2007. Mrs.
Archer so moved, 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.
Mrs. Archer moved to appoint Kassandra Engroff as a student member to
the Education Board for a one (1) year term ending July 31, 2006, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 5 to 0 vote.
9.L. APPOINTMENT TO THE PLANNING AND ZONING BOARD:
Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Commissioner Ellis (Seat #1).
- 28 -
07/19/05
Mrs. Ellis moved to appoint Gary Eliopoulos as a regular member to the
Planning and Zoning Board for an unexpired term ending August 31, 2006, 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 time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
12. FIRST READINGS:
None.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. Citv Mana2er
The City Manager gave a brief report from the League of Cities meeting
regarding the Growth Management Bill.
Secondly, the City Manager stated the League's Golf Tournament was
very successful and netted approximately $11,000. He stated the League is having a
Strategic Planning Session on September 14, 2005.
He stated with regard to the annexation suit, the City has filed an appeal
and the County has cross-appealed.
Lastly, the City Manager stated the following individuals were nominated
to the Florida League of Cities Board: Susan Haynie, Carmine Priore, and Richard
Radcliffe.
13.B. Citv Attornev
The City Attorney stated she will be attending the Florida Municipal
Attorneys' Association meeting on Thursday, July 21, 2005 and Brian Shutt, Assistant
City Attorney, will be available in her absence.
13.C. Citv Commission
13.C.1. Mrs. Archer
Mrs. Archer thanked Mayor Perlman and Commissioner Ellis for
attending the Press Conference for the Miracle League Baseball Field and stated she
looks forward to moving forward with the fundraiser.
- 29-
07/19/05
13.C.2. Mrs. Ellis
Mrs. Ellis stated the Miracle League Baseball Field presentation was very
moving and feels it is a privilege to be in a community that does things such as this on a
regular basis.
She stated this will be her first Budget Workshop session and stated she
will do her best to stay on top of things.
13.C.3. Ms. McCarthv
Ms. McCarthy stated she was disappointed that she could not attend the
groundbreaking for the Miracle League and noted it is a marvelous endeavor. In
addition, she commented about the t-shirts and noted the Press coverage was very nice.
Secondly, she stated she attended the 32nd Anniversary of the Bahamian
Independence, which was exceptionally well done and well attended.
Ms. McCarthy stated the golf tournament fundraiser for the "Little
Princess" was very well attended and Senator Dawson also managed to get an automobile
donated from a car dealership. Ms. McCarthy stated the little girl's mother's car broke
down and several people volunteered to pick her up. She was given the car so she could
keep up with her daughter's well being.
She stated Commissioner Ellis graced the Delray Beach Sunrise Rotary
Club by presenting at the awards presentation. Ms. McCarthy stated the people who
attended who had never met Commissioner Ellis before were thrilled at having the
opportunity to see and hear her.
13.CA. Mr. Levinson
Mr. Levinson congratulated Janet Whipple, Acting City Clerk for a good
job this evening.
Secondly, Mr. Levinson stated someone this evening made an allegation
that the Commission is silencing free speech and asked if anyone wanted to speak, to
come to the microphone.
Mr. Levinson stated he was in Miami for the Leadership Florida Board
meeting and stated it is a very unique organization in terms that it establishes a sense of
community amongst people throughout the state so we do not lose focus. As Floridians,
we are in this together. He stated it was phenomenal to hear people that had visited say
they love Delray. He continued to state that Delray Beach is held in high regard around
the state as a place that has "done it right".
- 30 -
07/19/05
13.C.5. Mavor Perlman
Mayor Perlman stated he was in City Hall last week when there was a
power outage. He received a telephone call from the Mayor's office in Winnipeg,
Canada as stated it is not just Florida that is hearing about Delray Beach. He stated the
Mayor has a special Assistant for Initiatives and she called because they are convening a
Canada-wide conference of cities in Winnipeg and heard about Delray Beach from Otis
White (columnist for Governing Magazine). Mayor Perlman stated Mr. White sends out
a daily newsletter where Delray Beach has been featured. He stated the City of Winnipeg
will be coming next week to Delray Beach and noted that they will be inviting the
Commission to their conference in May 2006 as a featured community. Their theme is
Civic and Social Engagement. Mayor Perlman stated he will forward the information
regarding the conference to the Commission. In addition, Mayor Perlman stated they are
also inviting the Mayor of the City of Baltimore, Martin O'Malley who was named by
one of the magazines as one the best young Mayor in the United States.
Secondly, he thanked and acknowledged Mark Baron who gave the City
of Delray Beach a Tiffany crystal bowl which is on display in the Mayor's office in City
Hall. Mayor Perlman stated there is information in the Commission packets about the
economic impact of the tennis tournament.
He met with Kjell Bergh today who is in from Norway for a few weeks
before he goes back to Europe. Mayor Perlman stated Mr. Bergh is trying to put together
a delegation to go to Tanzania in June or July of2006.
Mayor Perlman commented about the abundant amount of Tri-County
Humane Society emails that he received. He stated there was an allegation that the City
of Delray Beach is not enforcing the Palm Beach County's Tethering Law, which is not
true. He stated he received an email today from the Executive Director acknowledging
that the City is in compliance.
He stated he met with the new Palm Beach County Cultural Council
President Rena Blades today. Mayor Perlman stated when the City's Cultural Plan is
completed she has asked if the City of Delray Beach would present it to the Palm Beach
County Cultural Council Board. He feels this is a good opportunity for the City of
Delray Beach because Ms. Blades has indicated that there are corporations on the Board
that may fund some of the City's organizations.
Mayor Perlman announced Jeff Costello, Assistant Planning Director, will
be leaving employment with the City of Delray Beach effective Friday, July 29, 2005.
He stated he has heard so many good things about Jeff from people throughout the
community. Mayor Perlman stated Jeff is accepting a job in the private sector and he
feels this is a testament to the City that we have people with this kind of talent. Mayor
Perlman stated Jeff has been employed for 17 1Iz years and will be greatly missed.
- 31 -
07/19/05
Lastly, Mayor Perlman publicly thanked his neighbors for their -
involvement with the Miracle League.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:02 p.m.
~~Qv
Acting ity Clerk
~A;O~
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 Tuesday, July 19, 2005, which Minutes were formally approved and adopted by the
City Commission on August 2, 2005
-
- \çro~~
Acting City lerk
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.
--.
- 32-
07/19/05
J i
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Session SUmmary 2005 !
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SENATOR ¡
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3333 SOUTII CONGRESS AVENUE -SUITE 305A -DELRAY BEACH. FLORIDA 33445 - (561) 274-4777 - (561) 279-1990 FAX I
E-MAIL ADDRESS: klein.ron. web@flsenate.gov ,
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The 2005 Legislative Florida Atlantic University Florida Atlantic University I
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Session ended as scheduled and University of Miami as a seventh CARD location. i
on Friday, May 6th. Of the Medical School- CARD centers are places I
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1215 general bills filed in where families with autistic ¡
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J the Senate, 175 passed both By earmarking $2 million in children I
can receive I
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chambers and will be acted the state budget for the therapeutic interventions, I
on by the Governor. I am expansion of the Florida services, referrals and other I
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pleased to report to you that Atlantic University and support they need. I
several of the bills I University of Miami joint I
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sponsored and co-sponsored Medical School program, we The Dori Slosberg Act - I
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are among the successful. were able to ensure the I
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continuation of this Named for Representative I
I The Legislature did not important and exciting Slosberg's daughter who I
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approve controversial program in our community, was killed in a car accident, I
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legislation dealing with the which will also include this bill makes the failure to ,
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repeal of the class SIZe internships at Boca Raton wear a seatbelt a primary I
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amendment, expansion of Community Hospital, and enforcement violation for ¡
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I the school voucher program, solidify FAU's reputation drivers younger than 18. ,
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Medicaid Reform, or tort for high academics and I
reform. These issues are excellence m educational Bicycle Safety -
sure to reappear in the opportunities.
future. In tandem with our "Share
Centers for Autism and the Road" program, this law
Here are some of the Related Disabilities reqUIres the Florida I
J legislative and budget issues (CARD) - Department of I
that I successfully worked Transportation to conduct a
on this year: In response to a growing study of bicycle paths that I
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number of children are on or connected to the
diagnosed with autism, this State Highway System.
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legislation designates I
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The bill also requires an The budget for the State of improve water quality for -
implementation plan for Florida is now over $63 the Chain of Lakes, which
incorporating bicycle paths billion dollars. Funded in IS a system of five
on state highways within the the budget are several local interconnected lakes from
department's five year work projects that I actively West Palm Beach to Delray
program. supported, including: Beach.
Golf Cart Regulation - $400,000 for the new Should you have any
Center for Autism and questions regarding these, or
In an effort to Improve Related Disabilities at any other issues from the
safety in our communities, Florida Atlantic University. 2005 Legislative Session,
this bill allows please do not hesitate to
municipalities to pass $157,500 for contact me.
ordinances that would Transportation for the
require drivers of golf carts Elderly and Disabled, a For those of you who may be
to be licensed drivers. State program administered traveling this summer,
law allows golf cart drivers through the South Palm please have a safe, happy
to be as young as 14. Beach County Jewish and healthy vacation. I look
Federation that provides forward to seeing you soon.
Florida Alliance of transportation to doctor -
Assistive Services and appointments, shopping and
Technologies (F AAST) - social activities for those
who would otherwise be
This bill details the activities homebound.
and composition of the
F AAST Advisory Council, $100,000 for the Caridad
which is a body dedicated to Health Clinic, which
providing access to assistive administers health care to
services and technologies to migrant workers and their
the disabled community. families with the help of a
network of physician
Arthritis Education and volunteers.
Prevention Act-
$100,000 to assist
On behalf of the 3 million Holocaust Survivors with
people in Florida impacted services they may need as
by arthritis, this legislation they become older and more
creates a program to inflfffi.
establish a public awareness
campaign by the Department $800,000 to implement a -
of Health on over 100 types restoration and management
of arthritis and ways to plan that will create and
minimize pain and prevent restore essential fish and
injury . wildlife habitats and
I
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
_-;OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
.A ~E--FIRST NAME~IDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
t"erlman, Jeffrey L. Delray Beach City Commission
.tAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delra Lakes Drive WHICH I SERVE IS A UNIT OF
:lTY COUNTY CITY Q COUNTY a OTHER LOCAl AGENCY
Delra Beach FL 33444 Palm Beach NAME OF POLITICAl SUBDIVISION.
Cit of Delra Beach
)ATE ON WHICH VOTE OCCURRED MY POSITION IS:
IK ELECTIVE Q APPOINTIVE
WHO MUST FILE FORM 88
This fonn 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 connict of interest will vary greatly depending
on whether you hold an elective or appointive positioo. For this reason, please pay dose attention to the instructions on this fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
-
J 3rson holding elective or appointive county. municipal, or other local public office MUST ABSTAIN from voting on a measure which
i ~s 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 (induding the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a -relative- indudes only the officer's father. mother, soo. 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 disdose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publidy 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 fiUng this fonn with the person responsible for recording the min-
utes of the meeting. who should incorporate the form in the minutes.
· * . * . * . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
I it disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
: 'ou or at your directioo.
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 fonn (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
œ FORM 86 - EFF. 1/2000 Q.F PAGE 1
APPOINTED OFFICERS (continued)
-
· A copy of the form must be provided immediately to the other members of the agency.
· The fonn must be read publicly at the next meeting after the form is filed. \
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the fonn 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 fonn must be provided immediately to the other members of the
agency. and the fonn must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER"S INTEREST
I. Jeffrey Perlman , hereby disclose that on July 19 .2å>2-:
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate, ,
_ inured to the special gain or loss of my relative, .
.
_ 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. -
j
(b) The measure before my agency and the nature of my conßicting interest in the measure is as follows:
\17/d')ciaoS
,
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 r NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
2vinson, Jon Delray Beach City Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
943 Evergreen Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY ~ClTY a COUNTY a OTHER LOCAl AGENCY
Delray Beach, FL 33483 Palm Beach NAME OF POliTICAL SUBDIVISION:
Citv of Delrav Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
July 19, 2005 ¡Q ELECTIVE a APPOINTNE
WHO MUST FILE FORM 88
This fonn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advIsory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure In which you have a conflict of interest will vary greaUy dependiOg
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
-
person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
...Ire which inures to the special gain or loss of a principal (other than a government agency) by whom he o~ she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity .
For purposes of this law, a -relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A -business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property. or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
. . . . . * . . * . . * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should incorporate the fonn in the minutes.
* . . . . . * . . . . * * . * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations ~escñbed above, you otherwise may participate in these matters. However, you
~,ust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
,y you or at your direction.
If YOU INTEND TO MAKE ANY ATTEMPT TO INFlUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
* You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 PAGE 1
q-G
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. I
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 19 ,20 -º-5-:
(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, .
~ inured to the special gain or loss of ~T€V2uA.l¿ í2£s.ð ù IL C~ ,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:
.~1f ~~ ~ ~
~ ~.
~ *9-/:J
'7 kJ Qç
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAil RE TO E 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
T NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
J!erlman, Jeffrey L. Delray Beach City Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delra Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY CITY Q COUNTY Q OTHER LOCAl AGENCY
Delra Beach FL 33444 Palm Beach NAME OF POLITiCAl SUBOMSION-
Cit of Delra Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS
ELECTIVE Q 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 connict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
-
person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
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 MrelativeM includes only the office(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 fonn with the person responsible for recording the min-
utes of the meeting, who should incorporate the fonn in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
_Although you must abstain from voting 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 innuence the decision. whether orally or in writing and whether made
y 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 fonn (before making any attempt to innuence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 86 - EFF. 112000 q."'X. PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the fonn must be provided immedIately to the other members of the agency. -,
· The fonn must be read publicly at the next meeting after the fonn is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disdose orally the nature of your conflict in the measure before participating.
· Yau must complete the fonn 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 fonn must be provided immediately to the other members of the
agency, and the fonn must be read publidy at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Jeffrey Perlman . hereby disclose that on -.JJ.14- 1 9 ,2á)2-:
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate, ,
_ inured to the special gain or loss of my relative, .
_ 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:
O?/ do Ý .;Q::>'5
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, I
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