09-20-05 Minutes
SEPTEMBER 20, 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 6:04 p.m., Tuesday, September 20, 2005.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - Commissioner Rita Ellis
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul’s Episcopal Church.
3.
The Pledge of Allegiance to the flag of the United States of America was
given.
4.AGENDA APPROVAL.
Item 9.L.,
Mayor Perlman stated there is a revised Exhibit “A” for
Appointments to the Board of Construction Appeals.Item 10.N.,
He stated
Ordinance No. 37-05Item 10.O., Ordinance No. 65-05
and are now Quasi-Judicial
Hearings.
Item 8.G., Special Event
Mr. Levinson requested to move
Request/Harvest FestItem 9.O.
from the Consent Agenda to the Regular Agenda as
Ms. McCarthymoved to approve the Agenda as amended, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr.
Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a
4 to 0 vote.
5.APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
September 6, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as
09/20/05
follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman
– Yes. Said motion passed with a 4 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special/Workshop
Meeting of September 12, 2005, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor
Perlman – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A.Walk Our Children to School Day – October 5, 2005
Mayor Perlman read and presented a proclamation hereby proclaiming
October 5, 2005 as Walk Our Children to School Day in the City of Delray Beach.
Janet Meeks came forward to accept the proclamation.
6.B.Unity in the Community Month – October 2005
Mayor Perlman read and presented a proclamation hereby proclaiming
October 2005 as Unity in The Community Month in Delray Beach. Janet Meeks,
Education Coordinator, came forward to accept the proclamation and gave a brief
overview of the October 2005 events.
6.C.Breast Cancer Awareness Month – October 2005
Mayor Perlman read a proclamation hereby proclaiming the month of
October 2005 as Breast Cancer Awareness Month in Delray Beach and noted the
proclamation would be mailed.
6.D.Put the Brakes on Fatalities Day – October 10, 2005
Mayor Perlman read a proclamation hereby proclaiming October 10, 2005
as Put the Brakes on Fatalities Day in Delray Beach, Florida and noted the proclamation
would be mailed.
7.PRESENTATIONS:
7.A. Special Recognition Award – Christopher O’Hare, Stone Grove
Memorials
Mayor Perlman presented the O’Hare Family from Stone Grove
Memorials with a Special Recognition Award. Mayor Perlman stated he feels it is
important to publicly recognize the O’Hare’s contribution to the City of Delray Beach
and the Fire-Rescue Department. Mayor Perlman stated a few years ago
Paramedic/Firefighter Peter Firehock was murdered while riding a bicycle with his dog in
Boynton Beach. The O’Hare’s were very moved by the story of Peter Firehock and
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therefore Stone Grove Memorials decided that they were going to build a memorial to
honor Peter Firehock. Christopher O’Hare with Stone Grove Memorials thanked the
Commission and came forward to accept the award.
Michael Wise, Lieutenant with the Delray Beach Fire-Rescue Department,
on behalf of the Fire Chief, the Delray Beach Fire-Rescue Department, and the
Professional Firefighters of Delray Beach, extended his appreciation to Christopher
O’Hare and Stone Grove Memorials for honoring and memorializing Peter Firehock who
meant so much to the Fire-Rescue Department.
8.CONSENT AGENDA:City Manager Recommends Approval.
8.A.FUNDING AGREEMENT/CHILDREN’S SERVICES COUNCIL:
Approve a funding agreement between the City of Delray Beach and Children’s Services
Council (CSC) in the amount of $294,224.00 for the City’s out of school program, day
camps, and summer camp programs.
8.B. INTERLOCAL AGREEMENT/SOLID WASTE AUTHORITY:
Approve an Interlocal Agreement between the City and Solid Waste Authority (SWA) for
Municipal Recycling.
8.C. RESOLUTION NO. 73-05 (REPEALING RESOLUTION NO. 86-04/
MALKEMES PROPERTY):
Approve Resolution No. 73-05 repealing Resolution No.
86-04 which authorized the acquisition of a 3.03 acre parcel of property owned by Mr.
and Mrs. Malkemes for the expansion of Bexley Park.
The caption of Resolution No. 73-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
RESOLUTION NO. 86-04, WHICH AUTHORIZED THE
ACQUISITION OF THE PROPERTY OWNED BY MR.
AND MRS. MALKEMES, AS LEGALLY DESCRIBED
HEREIN, PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 73-05 is on file in the City Clerk’s
office.)
8.D. SPECIAL EVENT REQUEST/HALLOWEEN PARADE:
Approve a
special event request to allow the Annual Halloween Day Parade to be held on October
29, 2005 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit
st
per LDR Section 2.4.6(h) for the rolling closure of Atlantic Avenue from N.E. 1 Avenue
to Veterans Park, staff support for traffic control and security; contingent upon the receipt
of a hold harmless agreement.
8.E.FIRST NIGHT 2006/BUDGET:
Approve the proposed budget for the
First Night 2006 Event to be held on December 31, 2005.
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8.F. SPECIAL EVENT REQUEST/6 ANNUAL DELRAY BEACH
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THANKSGIVING ART FAIR:
Approve a special event request for the 6 Annual
Delray Beach Thanksgiving Art Fair to be held on November 26 and November 27, 2005
from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6(H)
thndnd
for the use of N.E./S.E. 4 Avenue from N.E. 2 Street to S.E. 2 Street, to utilize
Hand’s parking lot for vendor parking, and to authorize staff support for traffic control,
and security with sponsor paying all overtime costs; contingent upon receipt of certificate
of liability insurance.
8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.O.
8.H.SERVICE AUTHORIZATION NO. 1.2/PGAL, INC.:
Approve
Service Authorization No. 1.2 to PGAL, Inc. in the amount of $277,370.00 for consulting
services for preparation of final construction documents for the Old School Square
Parking Garage. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks
& Recreation/Old School Square).
8.I.SERVICE AUTHORIZATION NO. 5/MATHEWS CONSULTING,
INC.:
Approve Service Authorization No. 5 to Mathews Consulting, Inc. in the amount
of $34,510.00 for engineering consulting services in conjunction with the culverting of
the Lake Worth Drainage District (LWDD) L-33 Canal across the north side of the
Temple Park property on Coral Trace Boulevard. Funding is available from 380-4150-
572-63.23 (2004 G.O. Bond/Neighborhood Parks).
8.J. ACCEPTANCE OF PARKING DEDICATION
AGREEMENT/ASTOR CONDOMINIUMS:
Approve and accept a parking
dedication agreement associated with the Astor Condominiums Class III Site Plan
nd
Modification approval, located at the northeast corner of Pineapple Way (N.E. 2
st
Avenue) and N.E. 1 Street.
8.K.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for
the period September 6, 2005 through September 16, 2005.
8.L. AWARD OF BIDS AND CONTRACTS:
1.
Bid award to Time Management Systems, Inc. (TMS) in the
amount of $51,450.00 for the purchase and installation of an
employee time and attendance automated system to replace the
City’s manual system. Funding is available from 334-6111-519-
66.10 (General Construction Fund/General Government/
Software).
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson - Yes. Said
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motion passed with a 4 to 0 vote.
Item
At this point, the time being 6:15 p.m., the Commission moved to
9.A. of the Regular Agenda.
9.REGULAR AGENDA:
9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD’S
DECISION ASSOCIATED WITH THE “LYNCH RESIDENCE”:
Consider an
appeal of the Historic Preservation Board’s decision on the “Lynch Residence”, located
(Quasi-Judicial
in the Nassau Park Historic District at 226 South Ocean Boulevard.
Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he spoke with Roger Cope, David Schmidt, and
received emails from Suzanne Barley in addition to the emails in that are contained in the
agenda backup. Mayor Perlman stated he had a meeting with Roger Cope, David
Schmidt, and Patrick Lynch and the same emails that Vice Mayor Levinson received.
Ms. McCarthy and Mrs. Archer disclosed the same ex parte communications as the rest
of the Commission.
The City Attorney stated the parties are Mr. Lynch (the appellant) and also
a neighbor within 500 feet who has requested party status.
Leonard G. Rubin, Attorney with Boose, Case & Ciklin, introduced his
clients as a party status and stated his clients own the property immediately to the west of
the Lynch property.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-275 & #2005-175 into the record.
Mr. Dorling stated the action of the Commission is consideration of an
appeal of the Historic Preservation Board’s (HPB) decision made on August 17, 2005.
The HPB denied the COA for the Lynch Residence based on a finding that the request
was inconsistent with the Comprehensive Plan and did not meet the criteria set forth in
LDR Section 4.5.1(E)(4), (E)(7), and (E)(8)(a-k), the Delray Beach Design Guidelines,
and the Secretary of the Interiors Standards for Rehabilitation.
The development proposal includes relocation of the 1,160 square foot
historic structure to the east of its current location (north elevation) to the historic
structure and the construction of a new one-story addition (north elevation) and a two-
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story addition (west elevation) to the existing historic structure with the new construction
totaling 3,167 square feet under air and 4,191 gross square feet. On August 25, 2005, the
applicant’s attorney David Schmidt appealed the HPB’s decision. With this appeal, the
City Commission has three distinct issues to consider. The first relates to whether the
proposed addition is consistent, compatible, and appropriate for this historic site. The
second is whether the single family home proposed by the applicant is in fact a single
family home or is a duplex. The third issue is whether the development plan should have
been reviewed under the RM District standards or the R-1-A standard. Mr. Dorling
stated the Board followed the quasi-judicial hearing process in their deliberations and
staff presented information to the Board and staff felt the addition was not compatible
with the historic structure as it related to the required findings. The Board considered this
information along with the required findings in LDR Section 4.5.1(E)(4) which states “a
historic site or building shall be altered in accordance with the Secretary of Interiors
Standards for Rehabilitation. Mr. Dorling stated those standards basically state that “the
historic character of the property shall be retained and preserved.” The new additions or
related new construction is not to destroy the historic materials that characterize the
property and the new work is to be compatible with respect to massing, size, scale, and
architectural features to protect the historic integrity of the property. Mr. Dorling stated
the Board also had to consider LDR Section 4.5.1(E)(8) which states “all improvements
to buildings, structures, and appurtenances within a designated historic district shall be
visually compatible.” Visual compatibility shall be determined in terms of criteria (a-k)
Mr. Dorling stated there is other criteria listed in the LDR’s labeled (a-k) which addresses
the height, proportion of openings, materials and textures, roof shapes and scales of the
building. Mr. Dorling stated two that are most applicable in this case are: LDR Section
Height:
4.5.1(E)(8)(a) “The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of existing structures and
Scale of a Building:
buildings.” LDR Section 4.5.1(E)(8)(j) “The size of a building , the
building mass in relation to open spaces, windows, door openings, balconies, and porches
shall be visually compatible with the building size and building mass of historic sites,
buildings, and structures within a historic district.” Mr. Dorling stated the historic
building is 1,160 square feet and the proposed addition is over 3,167 square feet under air
and 4,191 gross square feet. The Board also had to consider the Delray Beach Historic
Preservation Guidelines which state “any location of an addition needs to be as
inconspicuous as possible.” Mr. Dorling stated in a historic district one must consider the
surrounding buildings and the compatibility of the addition in terms of size, scale,
materials, mass, and roof form. It also requires that one ensures that the addition is
secondary and subordinate to the main mass of the historic building. After considering
these requirements, the Board took public testimony and many of the general public felt
that the addition dwarfed the historic structure and the Board recommended denial. Mr.
Dorling stated given the failure to make required findings the appeal to overturn this
denial should not be granted. Mr. Dorling stated the second issue relates to whether the
proposed single family addition is actually a single family addition or a duplex. The new
structure contains duplicate features (i.e. two kitchens, two living rooms, etc.) with
minimal connections between these buildings. Staff placed a condition that upon any
approval those additional connections be made internal to the structure so that there
would not be an issue of it being classified as a duplex.
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Mr. Dorling stated the last issue centers around whether the R-1-A
regulations apply to this proposal as the project was reviewed or that RM regulations
should apply. The proposal meets the side setbacks of an R-1-A District but do not meet
the required setbacks of an RM District. In summary, Mr. Dorling stated staff supports
the HPB action and the applicant should be required to provide a compatible consistent
development and if the Commission agrees that the proposal is either a duplex and/or
subject to RM regulations then that revised proposal must also provide a greater side
street setback (currently it is 15 feet and it would be a minimum of 25 feet if that were the
case).
At this point, the applicant came forward to present their case:
David Schmidt, Attorney representing Patrick Lynch who owns the
property located at 226 S. Ocean Boulevard, Delray Beach, stated in order to approve the
Certificate of Appropriateness, positive findings must be made regarding LDR Section
4.5.1(E)(4), (E)(7), and (E)(8), Subsections (a-k), the Delray Beach Historic Preservation
Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. Mr.
Schmidt stated in its report to the Historic Preservation Board staff found LDR Section
4.5.1(E)(8) states “that improvements to structures in historic districts shall be visually
compatible with respect to height, proportion of openings, relationship of materials,
texture and color, roof shape and scale.” Externally the proposed one-story addition to
the north meets these requirements and in accordance with the design guidelines it is
subordinate to the main mass of the historic dwelling. The two-story addition to the west
elevation can be seen as compatible in terms of materials, texture, and color, proportion
of openings and roof shape. The issues raised by staff deal with the appropriateness of
the addition in relation to the east elevation.
Mr. Schmidt stated the Historic Preservation Design Guidelines also
address new construction including additions. Staff quoted some of these standards for
new construction in the staff report and Mr. Schmidt read into the record additional
language that staff did not quote. Mr. Schmidt urged the Commission to grant the appeal
and approve the Certificate of Appropriateness for 266 S. Ocean Boulevard by adopting
the findings of fact and law contained in the staff report to the Historic Preservation
Board (HPB) and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Sections 4.5.1(E)(4), (E)(7),
(E)(8), Subsections (E)(8)(a-k), the Delray Beach Design Guidelines, and the Secretary of
the Interior Standards for Rehabilitation. Mr. Schmidt entered a copy of Section 6 (New
Construction) of the Delray Beach Historic Preservation Guidelines into the record.
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Roger Cope, Architect with Cope Architects, Inc. 80 N.E. 4 Avenue,
Delray Beach, addressed the architectural issues raised by City staff. He displayed
overhead transparencies of the history of the site and the architectural elevations. Mr.
Cope stated with respect to mass, scale, and proportion, the addition is equal in
proportion to the existing house and therefore it is compatible and fits in with the site
plan. He stated the site is compatible with respect to form, proportion, mass, and
configuration and therefore preserves the historic character of the property. Mr. Cope
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stated this proposal is 41% smaller than the first proposal and feels this is compatible
with respect to mass, form, proportion, and configuration. He stated at 29 feet in the roof
line he is significantly lower than the 35 foot height limitation. Mr. Cope submitted the
architectural elevations as part of the record.
Leonard G. Rubin, Attorney with Boose, Casey, Ciklin, Lubitz, Martens,
McBane & O’Connell, 515 N. Flagler Drive, West Palm Beach, representing George G.
Siddall, Jr. and Cathy Appleton, property owners immediately to the west, noted they are
the most affected property owners by this proposed addition. Mr. Rubin submitted a
memo into the record that was distributed to the HPB at their meeting and a letter that he
sent to the City Attorney outlining the more legal issue. Mr. Rubin stated his first
argument is that a single family development by definition cannot have two principal
structures. Secondly, Mr. Rubin stated aside from Mr. Lynch’s representation that one
family is going to live here and that it is a single family dwelling; it has two kitchens, two
living rooms, two dining rooms, two master bedrooms, and a multiple guest room with
one small connection in between that could easily be filled in. Therefore, Mr. Rubin
stated this is a duplex that is designed for two families. If this is a duplex, then the
applicant would have to meet the RM zoning districts. Mr. Rubin stated the applicant
does not meet the RM zoning districts, the side setbacks, or the interior spacing between
the units. Mr. Rubin stated the applicant needs a variance and an interior adjustment and
therefore the Commission cannot overturn the decision of the HPB. In addition, he stated
the HPB properly determined that the design guidelines and the LDR’s are not met. Mr.
Rubin stated that if the Commission approves the COA that the Unity of Title be in place
and that it be conditioned on the fact that the Unity of Title remain in place.
Cathy Appleton, 1127 Nassau Street, Delray Beach, read a statement into
the record. She urged the Commission to uphold the unanimous decision of the HPB and
deny the applicant’s appeal is rightfully and correctly made because this decision is
consistent with City Ordinance No. 13-87, the correct application of the LDR’s, the
Historic Preservation Guidelines, and the Secretary of Interior Standards for
Rehabilitation. For these reasons, Mrs. Appleton urged the Commission to deny this
appeal and prevent a precedent that will create an incentive to destroy Delray’s historic
districts and assets.
George G. Siddall, Jr., 1127 Nassau Street, Delray Beach, distributed
photographs that in his opinion illustrate the streetscape and some of the changes in the
neighborhoods where progress meets history. He stated this is expected progress
transpiring in historical districts not the kind of change intended to occur in historic
districts. Mr. Siddall entered the photographs into the record and urged the Commission
to uphold the unanimous decision of the HPB.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time.
Andy Katz, 220 S. Ocean Boulevard, Delray Beach, briefly reviewed the
history of the project and distributed photographs to the Commission. He strongly urged
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the Commission to uphold the unanimous decision of the HPB.
Kevin Warner, 248 Venetian Drive, Delray Beach, Officer of his
homeowner’s association, stated his homeowner’s association community is the closest
property to the Nassau Park Historic District at the western end of the Nassau Street
(western end of historic district where it dead ends at Venetian Drive). Speaking on
behalf of the Board of Directors, Mr. Warner stated they strongly support the HPB’s
decision and encouraged the Commission to support the HPB in their unanimous decision
and deny the appeal.
At this point, Chevelle D. Nubin, City Clerk, swore in the following
individual who was not previously sworn in.
st
Pearl “Bunny” Markfield Elrod, 302 S.W. 1 Avenue, Delray Beach, Vice
President of Progressive Residents of Delray (PROD), stated PROD feels that history is a
very important part of the present and the future. She stated in Delray Beach in particular
there is a colorful history augmented by the multi-cultural lifestyle both currently and
historically. Mrs. Elrod stated it was the understanding of PROD that those historic
districts were set up to protect and nurture buildings that reside in the historic districts.
She urged the Commission to enforce the rules governing the historic districts.
The City Attorney stated anyone from the public who have not been sworn
in and intend to speak, please come forward now.
Chevelle D. Nubin, City Clerk, swore in the following individuals who
were not previously sworn in.
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Gail-Lee McDermott, 721 S.E. 3 Avenue, Delray Beach, speaking in
extempore, stated she was a member of the HPB at the time the 2001 changes to the
Lynch property happened and they were “hard fought”. She stated this is precisely what
the Board predicted would happen and felt at that time the changes that were allowed
were more than enough and now they are changing again. She urged the Commission to
stop any more changes to this property.
Fran Katz, 220 S. Ocean Boulevard, Delray Beach, briefly spoke about the
size of the project. She stated the proposed addition will dwarf, overwhelm, and hide the
historic house, the historic district, and the entrance to the historic district. Mrs. Katz
stated it does not comply with LDR Section 4.5.1(E)(4) which requires changes to
historic properties to be in accordance with the Secretary of Interior Standards for
Rehabilitation, one which specifically states that “additions need to be secondary and
subordinate to the main mass of the historic building and that additions that overwhelm
the original building are not acceptable solutions nor does it meet LDR Section
4.1(E)(8)(J) which states “the size of the building and building mass shall be visually
compatible with the building size and building mass of historic sites, buildings, and
structures within the historic district.” Mrs. Katz briefly discussed the tax abatement
issues and encouraged the Commission to not give economic incentives to inappropriate
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historic development which will ruin the nature of the historic district. She urged the
Commission to uphold the unanimous decision of the HPB.
Cary Glickstein, speaking as a Beach Property Owners’ Association
(BPOA) representative, stated the property is zoned RM not R-1-A and the BPOA feels
that the use of R-1-A standards for R-1 zone property was intended in cases where one
single family home is proposed on R-1 property. Mr. Glickstein stated in this case, there
is a single family home where the application was processed using RM standards and a
proposed addition that resembles a duplex that could easily be converted into two
dwelling units. He stated although the BPOA appreciates the applicant’s desire to share
the dwelling with other family members, those intentions could change without recourse.
He stated the proposed addition is nearly 75% larger than the contributing structure and
urged the Commission to hold this applicant and every other applicant to the standards
they accept when they purchase in a historic district. He stated approving this appeal has
significant consequences as it will erode neighborhood support for these rules that keep
the district in tact, will undermine HPB’s role and purpose, and open a Pandora’s Box for
future boards to reconcile. Mr. Glickstein stated HPB unanimously rejected the
application and he urged the Commission to support HPB’s decision by denying the
appeal.
Mark J. Fields, 414 Seasage Drive, #5, Delray Beach, stated in 2001 the
property was reviewed as RM when the large north structure was built and he expressed
concern over future possibilities. Mr. Fields stated the current owner or a future owner
may desire to split the property into separate parcels which would require a reversal of
the Unity of Title which pertains to the property as of 1994. Mr. Fields stated a splitting
of the property would allow only a five foot setback from the dividing property line and
this does not meet the setback requirements. Mr. Fields stated this is the only street with
a blue street sign because it is the only street on the beach side that is in the historic
district. Mr. Fields urged the Commission to uphold the HPB’s decision.
Carolyn Patton, 1020 Tamarind Road, Delray Beach, stated she too owns
property in the Marina Historic District and for the past 18 years has watched closely the
work of the HPB. She is not aware of any other situation where a historic homeowner
has put on one large addition and then come in and requested to put on an even larger
addition. Ms. Patton stated this has never happened before because it is totally
inappropriate. She thanked City staff and the HPB for their courage and professionalism
for upholding the City’s ordinances and urged the Commission to not grant this appeal.
Susan Hurlburt, 1230 Vista Del Mar, Delray Beach, speaking as an
advocate for historic preservation, as a former Chair of the City’s Advisory Board, and as
a life long resident of Delray Beach, read into the record a statement regarding historic
preservation. She stated there are specific guidelines for historic properties that are
separate from the rest of the neighborhoods and commented when someone buys a
historic home they are made well aware of the historic guidelines and restrictions. Mrs.
Hurlburt urged the Commission to respect the decision of the HPB.
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There being no one else who wished to speak in favor or in opposition of
the appeal, the public hearing was closed.
The City Attorney asked if any of the parties have any questions of any
other party or witness that has testified to this point. All three said “no”.
At this point, staff gave a brief rebuttal:
Mr. Dorling stated one of the most telling factors is the lack of the
presentation of what he would contend is a very expensive model that was presented to
HPB that they looked at and used in their determination that what was being proposed
was out of scale.
At this point, Mr. Schmidt and Mr. Rubin gave their rebuttals:
Mr. Schmidt stated he would like to apologize to Mr. Dorling because he
misconstrued Mr. Dorling’s statement regarding the R-1-A versus RM regulations that
the staff was changing positions and he agrees that staff should have previously applied
the R-1-A regulations to the property and should be consistent in applying them again.
Mr. Schmidt stated with regard to the other party the staff report found that “the two-
story addition to the west elevation can be seen as compatible in terms of materials,
texture, and color, proportion of openings and roof shape.” Mr. Schmidt stated there has
been no expert testimony from the opposition and commented that what has been
reiterated this evening is that if one buys a house in the historic district one takes subject
to the historic regulations and his client is and was aware of these regulations. Mr.
Schmidt stated the historic regulations in Delray Beach state “Historic Preservation
recognizes the evolution of a property and subsequent owners of historic resources are
part of that evolutionary process. During the course of time, frequent additions have been
made to historic properties because of the practical need in changing economic
circumstances. The historic regulations do not prohibit additions to houses.” In addition,
Mr. Schmidt stated his client responded to staff in completely redesigning this property
and originally proposed to demolish the historic home off the property and build a house
similar to the one that the Commission approved in 2001. When his client was informed
that staff could not support that position but could support an addition, he completely
reworked the plans. Mr. Schmidt stated he believes the addition is compatible and what
his client proposes is completely in character with what exists.
Mr. Rubin stated the fact that the applicant proposed something
completely outrageous and then brought it back to something that still does not meet the
guidelines is not relevant. He stated evolution is different than destruction and
deterioration. Mr. Rubin stated that yes things evolve; however, from the statements of
the people who testified today, it would be the first step to destroying the historic district.
He stated Mr. Schmidt is quoting parts of the design guidelines; however, one must look
at the design guidelines in totality when determining whether the standards are met and
what is being proposed does not meet the design guidelines. Mr. Rubin stated he does
not feel an expert witness is necessary in this case to tell the Commission it does not meet
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the guidelines especially when the HPB members who work diligently and have the
expertise and many who have lived in Delray Beach their entire lives, tell you that this
does not meet the guidelines or the LDR’s. Mr. Rubin stated this is an inappropriate
addition and it overwhelms the structure and does comport with what Nassau Street is.
Mr. Rubin stated Delray Beach is committed to preserving its historic past and if the
Commission approves the appeal they will be taking one step to destroying that.
The City Attorney reviewed the proposed Board Order setting forth the
findings for the Commission to review. Paragraphs 1-9 set forth the applicable
Comprehensive Plan Policies and Objectives, the Applicable LDR Sections, the Secretary
of Interior Guidelines and the Delray Beach Historic Preservation Guidelines and the pre-
Paragraphs 10-18 of the Board
facts of the case. The City Attorney briefly reviewed
Order.Paragraph 10Yes 2/No 2Paragraph
– the consensus of the Commission was: ;
11.a.Yes 2/No 2Paragraph 11.b.
– the consensus of the Commission was: ; – the
Yes 2/No 2Paragraph 11.c.
consensus of the Commission was: ; – the consensus of the
Yes 0/No 4Paragraph 11.d.
Commission was: ; – the consensus of the Commission was:
Yes 3/No 1Paragraph 12.a.Yes 2/No 2
; - the consensus of the Commission was: ;
Paragraph 12.b.Yes 2/No 2Paragraph 13.a.
– the consensus of the Commission was: ;
Yes 3/No 1Paragraph 13.b.
– the consensus of the Commission was: ; the consensus of
Yes 2/No 2Paragraph 14
the Commission was: ; – the consensus of the Commission
Yes 2/No 2Paragraph 15Yes 0/No 4
was: ; – the consensus of the Commission was: ;
Paragraph 16Yes - N/ANo - N/A
- the consensus of the Commission was: , ;
Paragraph 17Yes 0/No 4
– the consensus of the Commission was .
approve the Board Order (which denied the
Mr. Levinson moved to
appeal),
seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes.
Said motion to approve the Board Order (which denied the appeal) was approved with a 4
to 0 vote.
At this point, the time being 7:55 p.m., the Commission moved to duly
advertised Public Hearings portion of the Agenda.
10.PUBLIC HEARINGS:
10.A.ORDINANCE NO. 31-05 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2005-1):
Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2005-1 and associated Future Land
Use Map (FLUM) amendments, Amendment 2005-1 includes:
The caption of Ordinance No. 31-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2005-1,
PURSUANT TO THE PROVISIONS OF THE “LOCAL
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09/20/05
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT”, FLORIDA
STATUTES SECTION 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ENTITLED
“COMPREHENSIVE PLAN AMENDMENT 2005-1” AND
INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-05 is on file in the City Clerk’s
office.)
1.Text Amendments:
a.
Future Land Use Element – Modification of Policy C-2.6 to
reflect adoption of a Redevelopment Plan for
Redevelopment Area #5 (Osceola Park), and that future
development in this area shall be consistent with the Plan.
b.
Future Land Use Element – Modification of Policy C-1.4 to
correct the described boundaries of the North Federal
Highway Corridor.
2.Future Land Use Map Amendments:
a.
City initiated Future Land Use Map (FLUM) Amendment
from RDA #5 (Redevelopment Area #5) to CC
(Commercial Core) in part, GC (General Commercial) in
part, MD (Residential Medium Density 5-12 du/ac) in part
and LD (Residential Low Density 0-5 du/ac) in part, for the
Osceola Redevelopment Area, comprising of 35.6 acres
ndth
and generally located between S.E. 2 Street and S.E. 5
thst
Street and between S.E. 5 Avenue and S.E. 1 Avenue.
b.
City Initiated Future Land Use Map amendment from
County – MR-5 (Medium Residential 0-5 du/ac) to City –
LD (Residential Low Density 0-5 du/ac) for Country Club
Acres, located on the east side of Military Trail, south of
West Atlantic Avenue.
c.
City Initiated Future Land Use Map Amendment from
County – INST (Institutional) to City – CF (Community
Facilities) for Delray Medical Center, located on the south
side of Linton Boulevard, approximately 1,240 feet west of
Military Trail.
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09/20/05
Mayor Perlman stated Lance Guerrier (Haitian Interpreter and son of Dr.
Gary D. Guerrier) is present this evening to interpret for the residents who are present this
evening.
Paul Dorling stated this item is for Comprehensive Plan Amendment
2005-1 which was approved on first reading on June 7, 2005 and transmitted to the
Florida Department of Community Affairs (DCA) for review. The amendment involves
three (3) City initiated Future Land Use Map amendments and two (2) text changes to the
Comprehensive Plan. The two text amendments relate to modification of Policy C-2.6
which reflects adoption of the Redevelopment Plan for Area #5 better known as Osceola
Park. The second text amendment relates to Policy C-1.4 which corrects the boundaries
of North Federal Corridor. Mr. Dorling stated there are three land use amendments: (1)
A change in Redevelopment Area #5 to CC (Commercial Core) in part, GC (General
Commercial) in part, MD (Residential Medium Density 5-12 du/ac) in part and LD
(Residential Low Density 0-5 du/ac) in part, comprising 35.6 acres pursuant to the
adopted Osceola Park Redevelopment Plan. The second amendment relates to the
Country Club Acres subdivision and is a change from County Land Use Map designation
MR-5 (Medium Residential 0-5 units per acre) to City LD (Residential Low Density 0-5
du/ac). Mr. Dorling stated the last amendment relates to the Delray Medical Center
which will go from County INST (Institutional) to City CF (Community Facilities) and
displayed a map of each one on the overhead. Mr. Dorling stated these have been sent to
the State and have come back and there have been no objections to them.
Mayor Perlman declared the public hearing open.
rd
Gail-Lee McDermott, 721 S.E. 3 Avenue, Delray Beach, President of the
Osceola Park Neighborhood Association, stated Osceola Park takes up the largest part of
the Osceola Park Redevelopment area and the neighborhood supports this initiative.
st
Jean Simmons, S.E. 1 Avenue (unable to obtain house number), Delray
Beach, stated he has lived here for the past ten years and has worked very hard to have
his house. He asked where the people will live.
Mayor Perlman stated no one is asking anyone to leave their homes and
explained what is being done this evening is ratifying what the neighborhood has worked
on for the past ten years (i.e. improvements, infrastructure, streets, and sidewalks).
Mr. Dorling stated there is a general category placed on the neighborhood
that basically said there needs to be a plan that was adopted. Once the plan was adopted
which includes the improvements to the neighborhood this action comes back and places
designations on properties which is consistent with the use of the property. This does not
require anyone to move but it confirms what is there and allows the City of Delray Beach
to come in and do those improvements.
Katherine MacCrae, 14838 Whatley Road, Delray Beach, asked what the
relationship is between LD and R-1-A. Mr. Dorling stated one is a land use (i.e.
commercial, industrial, and residential) amendment which is a general category and R-1-
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09/20/05
A is a zoning category which is another category that is consistent with low density.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 31-05, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 31-05 on Second and
FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman
– Yes. Said motion passed with a 4 to 0 vote.
10.B.ORDINANCE NO. 32-05 (FIRST READING/FIRST PUBLIC
HEARING):
City initiated rezoning from County – AR (Agricultural Residential) to
City R-1-A (Single Family Residential) for Country Club Acres, located on the east side
of Military Trail, south of West Atlantic Avenue. If passed, a second reading/second
public hearing will be scheduled for October 11, 2005.
The caption of Ordinance No. 32-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ESTABLISHING INITIAL ZONING OF R-1-A
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND LOCATED ON THE SOUTH SIDE OF WEST
ATLANTIC AVENUE, EAST OF MILITARY TRAIL,
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. 32-05 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 Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this rezoning is
accompanying a City initiated Future Land Use Map Amendment for the property from
County MR-5 (Medium Density Residential 0-5 du/ac) to City LD (Low Density
Residential 0-5 du/ac) as part of Comprehensive Plan Amendment 2005-1.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 32-05,
the public hearing was closed.
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09/20/05
Mr. Levinson moved to approve Ordinance No. 32-05 on First
Reading/First Public Hearing, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy –
Yes; Mayor Perlman – Yes. Said motion passed with a 4 to 0 vote.
10.C. RESOLUTION NO. 65-05/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/MICHAEL AND ROSA WYNN:
Consider approval
nd
of contract to sell City owned property, located on the south side of S.W. 2 Street
thth
between S.W. 4 Avenue and S.W. 5 Avenue, and Contract for Sale and Purchase
between the City and Michael and Rosa Wynn in the amount of $13,000.00; and approve
Resolution No. 65-05.
The caption of Resolution No. 65-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL TO BUYER
CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE BUYER AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 65-05 is on file in the City Clerk’s
office.)
The City Attorney stated this is a resolution authorizing the sale of
property to Michael & Rosa Wynn that is adjacent to where they live. The lot is not a
buildable lot and they would like to purchase the lot for $13,000.00 which is the
appraised value of the property.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 65-05,
the public hearing was closed.
Mrs. Archer asked if the appraisal was done within the last three months.
Lula Butler, Director of Community Improvement, stated the appraisal was performed
approximately six weeks ago.
Ms. McCarthy moved to approve Resolution No. 65-05, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms.
McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes. Said motion passed with a 4
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09/20/05
to 0 vote.
10.D. RESOLUTION NO. 70-05 (MILLAGE LEVY):
A resolution levying a
tax on all properties within the City of Delray Beach for operation and maintenance, and
for payment of principal and interest on bonded indebtedness for FY 2006.
The caption of Resolution No. 70-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, TO LEVY A TAX
ON ALL PROPERTIES WITHIN THE CITY OF
DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST
ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 70-05 is on file in the City Clerk’s
office.)
The City Attorney announced Resolution No. 70-05 levies a tax on all
properties in the City of Delray Beach for fiscal year 2006 as follows: 7.45 mills for
operation and maintenance of the General Fund; 0.55 mills for the payment of principal
and interest on bonded indebtedness for a total of 8.00 mills. The rate of 8.0 mills is the
same as fiscal year 2005 and the rolled back rate calculated under the TRIM law for
operating purposes is 6.3686 mills. The millage rate is 17.13% above the rolled back
rate.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 70-05,
the public hearing was closed.
Ms. McCarthy moved to approve Resolution No. 70-05, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor
Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to
0 vote.
10.E. RESOLUTION NO. 71-05 (MILLAGE LEVY/DDA):
A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2006.
The caption of Resolution No. 71-05 is as follows:
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09/20/05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 71-05 is on file in the City Clerk’s
office.)
The City Attorney announced Resolution No. 71-05 levies a tax in the
amount of 1.00 mill on all properties within the Downtown Development Authority
Taxing District of the City of Delray Beach for fiscal year 2006. This millage exceeds
the 0.7479 rolled back rate calculated under the TRIM law by 33.71%.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 71-05,
the public hearing was closed.
Mr. Levinson moved to approve Resolution No. 71-05 on Second and
FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy
– Yes. Said motion passed with a 4 to 0 vote.
10.F. RESOLUTION NO. 72-05 (FY 2006 BUDGET ADOPTION):
A
resolution making appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the period October 1, 2005 through September 30, 2006.
The caption of Resolution No. 72-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
st
DELRAY BEACH FOR THE PERIOD FROM THE 1
th
DAY OF OCTOBER, 2005, TO THE 30 DAY OF
SEPTEMBER, 2006; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO
THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION
AND ALL RESOLUTIONS INCONSISTENT WITH
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09/20/05
THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(The official copy of Resolution No. 72-05 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.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 72-05,
the public hearing was closed.
Mrs. Archer moved to approve Resolution No. 72-05, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr.
Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a
4 to 0 vote.
10.F.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board’s finding that the proposed Five Year Capital
Improvement Plan and FY 2006 Capital Improvement Budget are consistent with the
Comprehensive Plan, and approve same.
Mrs. Archer moved to approve to accept the Planning and Zoning Board’s
finding that the proposed Five Year Capital Improvement Plan and Fiscal Year 2006
Capital Improvement Budget are consistent with the Comprehensive Plan, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr.
Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a
4 to 0 vote.
10.G. ORDINANCE NO. 70-05:
An ordinance amending Chapter 52, “Water”
of the City Code of Ordinances by amending Section 52.34, “Water Rates”, to provide
for increased residential, nonresidential, and irrigation rates for FY 2006.
The caption of Ordinance No. 70-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER", OF THE
CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 52.34,
"WATER RATES", SUBSECTION 52.34(B), TO
PROVIDE FOR INCREASED RESIDENTIAL,
NONRESIDENTIAL AND IRRIGATION RATES FOR
FY 2006; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
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09/20/05
(The official copy of Ordinance No. 70-05 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 Delray 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. 70-05,
the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 70-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes.
Said motion passed with a 4 to 0 vote.
10.H. ORDINANCE NO. 72-05:
An ordinance amending Chapter 53,
“Sanitary Sewers”, of the City Code of Ordinances by amending Section 53.130, “User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge”, to provide for
increased sewer rates.
The caption of Ordinance No. 72-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS",
OF THE CODE OF ORDINANCES OF THE CITY
OF
DELRAY BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER
RATES; CALCULATION OF SEWER
SURCHARGE", SUBSECTION 53.130(D), TO
PROVIDE FOR INCREASED RESIDENTIAL AND
NONRESIDENTIAL/COMMERCIAL RATES FOR
FY 2006; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 72-05 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 Delray 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. 72-05,
- 20 -
09/20/05
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 72-05 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. Archer – Yes.
Said motion passed with a 4 to 0 vote.
10.I. ORDINANCE NO. 71-05:
An ordinance amending Chapter 51,
“Garbage and Trash”, of the City Code of Ordinances by amending Section 51.70,
“Regular Charges Levied”, to provide for increasing contracted garbage, trash, recycling,
vegetation, and bulk waste collection service rates by 3.0% for FY 2006.
The caption of Ordinance No. 71-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2006; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 71-05 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 Delray 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. 71-05,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 71-05 on Second and
FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson
– Yes. Said motion passed with a 4 to 0 vote.
10.J. ORDINANCE NO. 67-05:
An ordinance amending Chapter 59,
“Reclaimed Water”, of the Code of Ordinances to provide for clarification regarding the
definition of reclaimed water distribution system and reclaimed water transmission
system and changing the wholesale customer rate from $0.24 to $0.25 per 1,000 gallons.
- 21 -
09/20/05
The caption of Ordinance No. 67-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 59, “RECLAIMED WATER”,
TO PROVIDE FOR CLARIFICATION REGARDING
THE DEFINITION OF RECLAIMED WATER
DISTRIBUTION SYSTEM AND RECLAIMED WATER
TRANSMISSION SYSTEM AND INCREASING THE
WHOLESALE CUSTOMER RATE TO $.25;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 67-05 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 Delray 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. 67-05,
the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 67-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes.
Said motion passed with a 4 to 0 vote.
10.K. ORDINANCE NO. 69-05:
An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National American Fee Schedule.
The caption of Ordinance No. 69-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, “FIRE SAFETY AND
EMERGENCY SERVICES”, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.66. “EMERGENCY
MEDICAL TRANSPORTATION FEES”, SUBSECTION
96.66(A), TO ADJUST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMERICAN
- 22 -
09/20/05
FEE SCHEDULE; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 69-05 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 Delray 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. 69-05,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 69-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes.
Said motion passed with a 4 to 0 vote.
10.L. ORDINANCE NO. 57-05 (SECOND READING/SECOND PUBLIC
HEARING):
Rezoning from PC (Planned Commercial) in part, and PRD (Planned
Residential Development) in part, to OSR (Open Space and Recreation) for an 11.15 acre
parcel of land for Bexley Park, located between Barwick Road and Military Trail north of
(Quasi-Judicial Hearing)
the L-31 Canal.
The caption of Ordinance No. 57-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED PC (PLANNED COMMERCIAL) DISTRICT
IN PART AND PRD (PLANNED RESIDENTIAL
DEVELOPMENT) DISTRICT IN PART TO OSR
(OPEN SPACE AND RECREATION) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE
EAST SIDE OF MILITARY TRAIL, NORTH OF THE
L-31 CANAL, 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. 57-05 is on file in the City Clerk’s
office.)
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09/20/05
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-276 & #2005-277 into the record.
No one from the public came forward to be sworn in.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, stated this is a rezoning
from PRD (Planned Commercial) and PC (Planned Commercial) to OSR (Open Space
and Recreation) for Bexley Park to accommodate a City park.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the rezoning, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding the rezoning,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 57-05 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes.
Said motion passed with a 4 to 0 vote.
10.M. ORDINANCE NO. 33-05:
Annexation via the provisions of the executed
Water Service Agreements and Consent to Annexation with initial zoning of CF
(Community Facilities) for Delray Medical Center, located on the south side of Linton
Boulevard, approximately 1,240 feet west of Military Trail.
The caption of Ordinance No. 33-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED ON THE SOUTH
SIDE OF LINTON BOULEVARD,
APPROXIMATELY 1,240 FEET WEST OF
MILITARY TRAIL, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR
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09/20/05
THE ZONING THEREOF TO CF (COMMUNITY
FACILITIES); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE
(The official copy of Ordinance No. 33-05 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-194 & #2005-195 into the record.
Paul Dorling, Director of Planning and Zoning, stated this is the associated
rezoning for the Delray Medical Center to go from County INST (Institutional to City CF
(Community Facilities) for the property as part of Comprehensive Plan Amendment
2005-1.
The City Manager stated the effective date of this ordinance is December
31, 2005.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 33-05,
the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 33-05 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. Archer – Yes.
Said motion passed with a 4 to 0 vote.
10.N. ORDINANCE NO. 37-05:
City initiated rezoning from RM (Medium
Density Residential) to R-1-A (Single Family Residential) for a 5.9 acre portion of the
ndrd
Osceola Park redevelopment area, generally located between S.E. 2 Street and S.E. 3
ndth
Quasi-Judicial Hearing)
Street between S.E. 2 Avenue and S.E. 5 Avenue. (
The caption of Ordinance No. 37-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT; SAID LAND BEING
ND
GENERALLY LOCATED BETWEEN SE 2
RD
STREET AND SE 3 STREET AND BETWEEN SE
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09/20/05
NDTH
2 AVENUE AND SE 5 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. 37-05 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 Delray Beach, Florida.
No one from the public came forward to be sworn in.
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 #2005-196 into the record.
Mr. Dorling stated this is a rezoning from RM (Medium Density
Residential) to R-1-A (Single Family Residential) which has been identified as something
that was to be accomplished in the redevelopment plan.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the rezoning, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding the rezoning,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 37-05 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes.
Said motion passed with a 4 to 0 vote.
10.O.ORDINANCE NO. 65-05:
Voluntary annexation, small scale Future
Land Use Map (FLUM) Amendment from County HR-8 (High Residential-8 dwelling
units per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre)
and rezoning from County AR (Agricultural Residential) to City RM-8 (Medium Density
Residential-8 dwelling units per acre) for a 4.85 acre parcel of land known as Gramercy
Square II, located on the west side of Military Trail, approximately 710 feet south
Quasi-Judicial Hearing)
Atlantic Avenue. (
The caption of Ordinance No. 65-05 is as follows:
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09/20/05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED 710 FEET SOUTH
OF WEST ATLANTIC AVENUE AND 620 FEET
WEST OF MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC)
FOR SAID LAND TO THE FUTURE LAND USE
MAP AS CONTAINED IN THE COMPREHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO RM-
8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS PER
ACRE) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 65-05 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 Delray Beach, Florida.
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 #2005-286 & #2005-287 into the record.
Mr. Dorling stated this is the parcel that is known as Gramercy Square II
south of Atlantic Avenue and west of Military Trail. The subject property consists of 6
separate parcels that contain two single family homes and four vacant pieces that were
behind the recently approved Gramercy townhouse development. Mr. Dorling stated this
will be incorporated into this development therefore taking access from Military Trail.
This is a voluntary annexation and then a land use designation and zoning will be applied
of MD (Medium Density) and RM-8 (Medium Density Residential – 8 du/ac).
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09/20/05
At its meeting of August 15, 2005, the Planning and Zoning Board held a
public hearing and after discussing the proposal, the Board voted 5 to 0 to recommend
approval.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the voluntary annexation and rezoning, to please come forward
at this time. There being no one from the public who wished to address the Commission
regarding the voluntary annexation and rezoning, the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 65-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes.
Said motion passed with a 4 to 0 vote.
10.P. BUSINESS LEASE:
Consider approval of a Business Lease to the Mae
Volen Senior Center, Inc. for a period of up to one (1) year to provide transitional care
for eligible clients at the Alzheimer facility; the City will grant $1,000.00 per month for
expenses.
The City Attorney stated this is a lease with the Mae Volen Center for the
transitional care for eligible clients at the Alzheimer facility that the City of Delray Beach
is purchasing. The business lease is subject to the City of Delray Beach closing on the
property (scheduled for September 21, 2005). The City Attorney stated the City is
granting them $1,000.00 per month to cover certain expenses and is for a period of up to
one year.
Mr. Levinson moved to approve the business lease to the Mae Volen
Senior Center, Inc. for a period of up to one (1) year, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Archer – Yes;
Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote.
Item 11, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.City Manager’s response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.B.From the Public.
11.B.1.Alice Finst, 707 Place Tavant, Delray Beach,
expressed concern over
the attendance at the Site Plan Review and Appearance Board (SPRAB) meeting and
once again it was questionable as to whether there would be a quorum. She suggested
that the Commission make alternate appointments and use persons that have termed out
or who have not been reappointed. Mrs. Finst stated these people would know what is
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09/20/05
going on because they would have had to attend the meetings for 2-4 years. If needed,
these people could be called in advance because conscientious members of the Board
always call ahead to let the secretary know they are not available.
Secondly, Mrs. Finst also expressed concern over the attendance
requirements for SPRAB. She stated the City Code states “Failure to attend three
consecutive regular meetings shall be grounds for automatic removal”. However, Mrs.
Finst stated the City Code does not address if a member fails to attend two consecutive
meetings and then attends one meeting (a 2/1 cycle). Therefore, Mrs. Finst stated if a
person uses this 2/1 cycle they would only have to attend eight meetings a year. She
suggested that there be a minimum number of meeting requirements for a six month
period of time so that staff can determine the serious members of the Board.
Item
At this point, the time being 8:38 p.m., the Commission moved to
9.B. of the Regular Agenda.
9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/CUGINI GRILLE:
Consider an appeal of the Site Plan Review and
Appearance Board’s condition of approval placed on the Class I Site Plan modification
involving elevation changes for Cugini Grille, located at 270 East Atlantic Avenue.
(Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson stated he spoke with Mr. Gattelaro not about this
specifically but about a timing problem. Mayor Perlman stated he too had a conversation
with the proprietor on rendering advice on how to appeal. Ms. McCarthy stated she
spoke to Mr. Gattelaro specifically about this situation to get a better understanding of
what all this meant. Mrs. Archer stated she had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-002 into the record.
Mr. Dorling stated this item before the Commission is to consider an
appeal of one of the conditions of approval placed on the Class I architectural elevation
approval for the Cugini Grille by the Site Plan Review and Appearance Board (SPRAB).
This action was taken on August 24, 2005 and the action was appealed on September 7,
2005 by the applicant.
On October 13, 2005, SPRAB reviewed a Class I site plan modification
for Cugini Grille and the applicant suggested that the transoms be removed with the
windows as they are structurally connected and they be replaced by sliding doors. The
Board agreed with the applicant, but felt that the applicant needed to provide greater
architectural details of the sliding doors. The Board tabled the item with the following
directions: (1) Submit drawings and photographs of elevations and (2) submit breezeway
elevation and the related color changes. The applicant submitted revised architectural
drawings that included installation of sliding doors and retention of the transoms above.
The Board considered and approved the elevations at the meeting of August 24, 2005
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09/20/05
with the three conditions as listed in the staff report. Mr. Dorling stated if the
Commission decides to uphold the appeal, they would have to remove the requirement
that the transoms line up but it does not remove the transoms from the elevation. He
suggested that it would be appropriate for the applicant to come back to the Board
showing the transoms removed and then go forward with the elevations for approval.
Joseph A. Gattelaro, owner of Cugini Grille, stated initially his
understanding was that SPRAB would only approve the windows if they kept the
transoms in and they asked for the drawings. He stated originally he never wanted to
keep the transoms because he would rather have full size windows than shorter windows.
Therefore, Mr. Gattelaro reiterated that this is why he came back with the drawings
leaving the transoms in. He stated the only thing that would change is that the windows
would go all the way to the top with no transoms and there will still be two panes on one
side and three panes on the other side. Mr. Gattelaro stated time is of the essence and the
windows will take approximately eight weeks to get in. He stated SPRAB has already
approved and he is asking that they take the same exact windows and go all the way to
the top.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time. There being no
one from the public who wished to speak in favor or in opposition of the appeal, the
public hearing was closed.
The City Attorney stated by the Commission approving the Board Order
they would approve the appeal without transoms and noted that this item does not need to
go back to SPRAB.
Mrs. Archer moved approval of the Board Order without transoms,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said
motion passed with a 4 to 0 vote.
9.C. LICENSE AGREEMENT/AMERICA’S CITY ENTERTAINMENT,
LLC:
Consider approval of a license agreement between the City and America’s City
Entertainment, LLC for events to be held at the Delray Stadium.
Robert A. Barcinski, Assistant City Manager, stated this item is before the
Commission for approval of a License Agreement between the City and America’s City
Entertainment, LLC for events to be held at the Delray Stadium. Changes to the
agreement have been based on Commission direction received at the Special/Workshop
meeting of September 12, 2005 and all changes have been agreed to by Mr. Morgan
Russell. The term of the agreement has been changed to a five (5) year agreement which
may be renewed by mutual consent of both parties for a second five (5) year term and
briefly reviewed the highlights of the proposed agreement (payments to the City, major
events, minimum number of events, event confirmation, and security deposit).
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09/20/05
Prior to the vote, Mr. Levinson stated Section 1(b) states “Licensee shall
provide two Major Events during the first year of the Agreement which shall be booked
within ninety (90) days from the date of the Agreement.” He asked if this does not
happen is this considered a default. The City Attorney stated this would be a default and
the City could terminate the agreement.
Mrs. Archer moved to approve the License Agreement between the City of
Delray Beach and America’s City Entertainment, LLC for the events to be held at the
Delray Stadium, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer – Yes; Mr. Levinson – No; Ms. McCarthy – Yes; Mayor Perlman –
Yes. Said motion passed with a 3 to 1 vote, Commissioner Levinson dissenting.
At this point, Mr. Russell stated with regard to the ninety (90) days
because of the dates and the time of year it is possible that he may be back to the
Commission after 89 days having booked one event and he may ask for some relief for a
little more time. Mr. Russell stated in his opinion this is an aggressive agenda
considering the history as well and this may come up again whereas the Commission can
approve or disapprove based on the success they have made when he makes the request.
Ms. McCarthy stated initially there was a sixty (60) day clause and now
the agreement has been amended to state a ninety (90) clause regarding the licensee
providing two major events during the first year of the agreement and that these events be
booked within ninety (90) days. She stated now Mr. Russell is expressing concern that
ninety (90) days is rather aggressive. Ms. McCarthy stated if this can be done Mr.
Russell may be a person who can do it; however, if the ninety (90) days is not adhered to
she may not be able to support this again because she believes the first ninety (90) days
will be a good indicator as to who Mr. Russell is connected with and who he can bring
forward with or without the blackout dates. She stated this is not the only time
entertainers come to South Florida.
9.D. AGREEMENT/BILLBOARD RELOCATION:
Consider two (2)
alternative agreements with Clear Channel Outdoor regarding the reduction of local
billboards. Staff recommends approval of the agreement that replaces eight (8) signs for
four (4) signs.
The City Attorney stated there are two alternative agreements with Clear
Channel Outdoor regarding the reduction of local billboards. One agreement provides for
the removal of eight (8) billboards (six (6) within the City and two (2) in the City’s
annexation area) and the relocation to four (4) sites adjacent to I-95. Or, the other
agreement provides for the removal of four (4) existing billboards, as set forth in Exhibit
“A” in exchange for allowing three (3) sites on I-95 for the relocation. The contracts
provide for a payment of $1,000.00 annually for each I-95 location which shall be
adjusted annually so that it remains the same as the highest other fees paid in Palm Beach
County limited by 10% per year. Staff recommends approval of the agreement that
replaces eight (8) signs for four (4) signs.
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09/20/05
Mr. Levinson moved to approve the agreement to remove eight (8)
billboard signs and relocate four (4) billboard signs to the I-95 corridor, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms.
McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes. Said motion passed with a 4
to 0 vote.
9.E.AMENDED AND RESTATED CONSULTANT
AGREEMENT/SAMUEL E. MATHIS, JR.:
Consider approval of the amended and
restated consultant agreement between the City and Samuel E. Mathis, Jr., Diversity
Business Strategic and Advisor, providing for continued services for a one (1) year period
for Phase III of the R.A.C.E. (Relationship between Authorities, Citizens, and Experts)
Initiative and payment of $7,000.00 per month. Funding is available from 001-1111-511-
34.90 (General Fund/Other Contractual Services).
Lula Butler, Director of Community Improvement, stated this is an
amended consultant agreement between the City of Delray Beach and Samuel E. Mathis,
Diversity Business Strategic and Advisor for services associated with the R.A.C.E.
Initiative. On March 9, 2005 the City entered into an agreement with Mr. Mathis. The
agreement was extended in April on a month-to-month basis for continued services to
complete Phases I & II, pursuant to the adopted report on R.A.C.E. Relations. The
revised agreement provides for continued services from the consultant for Phase III of the
R.A.C.E. Initiative. The agreement provides for a monthly fee of $7,000.00 for 40 hours
per month of the consultant’s time. Staff recommends that the Commission approve to
amend and extend the contract with Mr. Mathis in the amount of $7,000.00 per month
based on the scope of services in the agreement.
Prior to the vote, Mrs. Archer stated the Commission received a letter
from the Delray Beach Clergy Association supporting the City’s efforts.
Ms. McCarthy moved to approve to amend and extend the contract with
Samuel E. Mathis in the amount of $7,000.00 per month based on the scope of services as
stated in the agreement, seconded by Mrs. Archer. Upon roll call the Commission voted
as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes; Mr.
Levinson – Yes. Said motion passed with a 4 to 0 vote.
9.F.AGREEMENT/HORSE DRAWN CARRIAGES, INC.:
Consider
approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide
horse and carriage rides along Atlantic Avenue as specified from November 1, 2005
through April 30, 2006.
Mayor Perlman stepped away from the dais and passed the gavel to Vice
Mayor Levinson.
Robert A. Barcinski, Assistant City Manager, stated this item is for the
Commission to approve an agreement between the City and Horse Drawn Carriages, Inc.
to provide service along Atlantic Avenue from November 1, 2005 through April 30,
2006. The route would be along Atlantic Avenue with pick up and drop off points at the
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09/20/05
st
Marriott Atlantic Avenue entrance to N.E. 1 Avenue at the tree from 5:30 p.m. to 11:00
p.m. Wednesday through Saturday from November 1, 2005 through November 25, 2005
and daily from November 26, 2005 through April 30, 2006.
Mrs. Archer stated she will only support the horse drawn carriages to
st
participate during the holiday season (from the tree lighting until the 1 of the year) and
not for the period as specified from November 1, 2005 through April 2006.
At this point, Mayor Perlman returned to the dais.
Mr. Levinson moved to table, seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Mayor Perlman – Yes; Mrs. Archer – Yes; Mr.
TABLE
Levinson – Yes; Ms. McCarthy – Yes. Said motion to passed with a 4 to 0 vote.
9.G. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA):
Consider approval of an Interlocal Agreement between the City and
the Community Redevelopment Agency (CRA) for planning services in the amount of
$100,000.00.
Mayor Perlman declared a Conflict of Interest and passed the gavel to
Vice Mayor Levinson and left the dais.
Paul Dorling, Director of Planning and Zoning, stated for the past nine
years, through an Interlocal Agreement, the Community Redevelopment Agency (CRA)
has reimbursed the City of Delray Beach for a portion of the costs associated with the
preparation of these plans and for technical support on various CRA redevelopment
projects.
Mrs. Archer moved to approve the Interlocal Agreement between the City
of Delray Beach and the Community Redevelopment Agency (CRA) for planning
services in the amount of $100,000.00, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms.
McCarthy – Yes. Said motion passed with a 3 to 0 vote.
9.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA):
Consider approval of an Interlocal Agreement between the City and
the Community Redevelopment Agency (CRA) for funding of Capital Projects within the
CRA District.
Mayor Perlman declared a Conflict of Interest and passed the gavel to
Vice Mayor Levinson and left the dais.
Richard Hasko, Director of Environmental Services, stated this is an
Interlocal Agreement between the City of Delray Beach and the Community
Redevelopment Agency (CRA) for funding of Capital Projects within the CRA District.
The Interlocal Agreement provides funding for certain fiscal year 2004/2005 and fiscal
year 2005/2006 Capital Improvement Projects within the CRA District.
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09/20/05
Ms. McCarthy moved to approve the Interlocal Agreement between the
City of Delray Beach and the Community Redevelopment Agency (CRA) for funding of
Capital Projects within the CRA District, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms.
McCarthy – Yes. Said motion passed with a 3 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.I. 2005-2006 AGREEMENT/CHILDREN’S SERVICES
COUNCIL/BEACON CENTER AT VILLAGE ACADEMY ELEMENTARY
SCHOOL:
Consider approval of the 2005/2006 agreement between the City of Delray
Beach and Children’s Services Council (CSC) in the amount of $795,547.00 for
programs and services carried out under the Beacon Center at Village Academy
Elementary School.
Lula Butler, Director of Community Improvement, stated this is a request
for approval of the agreement between the Children’s Services Council (CSC) of Palm
Beach County and the City of Delray Beach in the amount of $795,547.00 for programs
and services carried out under the Beacon Center at Village Academy Elementary
School. This year’s funding from CSC represents a 3.7% increase over this current fiscal
year. The total annual budget for the Beacon Center is $1,159,672. Staff recommends
approval of the contract.
Mrs. Archer asked if the Beacon Center assesses the performance of the
Community Child Care Center in its operation. In response, Mrs. Butler stated the City
of Delray Beach is required to monitor the Community Child Care Center on its
performance. In addition, the City is monitored by CSC both fiscally and for
programmatic components. The City Manager stated the City of Delray Beach is the
grantee.
Mayor Perlman stated he had the opportunity to spend time with Tana
Ebole, Executive Director of CSC, and she looks at the program as an example for other
cities. She also looks at the Community Child Care Center as a model non-profit that she
wishes others to be more like them.
Mr. Levinson stated the Community Child Care Center has done an
extraordinary job at no additional funding.
Mrs. Archer stated if the City receives any adulation of the operation from
CSC, she would like this to be made a part of the public record.
Mayor Perlman thanked Lula Butler for all the time she has put into this as
the Board Liaison.
Mrs. Archer moved to approve the Agreement between the City of Delray
Beach and the Children’s Services Council (CSC) of Palm Beach County at the proposed
funding level for the programs and services carried out under the Beacon Center at
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09/20/05
Village Academy Elementary School, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor
Perlman – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote.
9.J. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE
COVERAGE:
Consider approval of a contract award to various insurance companies as
negotiated by our broker, Arthur J. Gallagher, for the City’s Property and Casualty
Insurance Policies effective October 1, 2005 at the estimated annual premium of
$1,507,555.00.
Frank Babin, Risk Manager, introduced Lisa Rodriquez, Broker
Representative with Arthur J. Gallagher.
Lisa Rodriquez, Broker Representative with Arthur J. Gallagher &
Company (Miami), gave a brief summary of the renewal program and stated there is a
27% increase in the City’s insurance premiums from last year to this year. Ms.
Rodriquez stated the significant cost increase in “Excess Property” is due to the
following: (1) the total values of insured property increased from $117,422,881 and (2)
market impact from Hurricane Katrina. Ms. Rodriquez requested that the Commission
approve the renewal of the insurance program as presented and the effective date of the
st
insurance program is October 1. Ms. Rodriquez recommended that if it is cost effective
the City of Delray Beach should allow Arthur J. Gallagher to explore the possibility of
st
moving the renewal anniversary date outside of hurricane season (i.e. April 1) because
they do not want to be negotiating the City’s renewal in the middle of hurricane season.
Brief discussion by the Commission followed.
Mr. Levinson moved to approve the contract award with an annual total
premium of $1,515,631, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs.
Archer – Yes. Said motion passed with a 4 to 0 vote.
9.K. SPONSORSHIP/PALM BEACH COUNTY 2005 ECONOMIC
SUMMIT:
Consider approval of purchasing a Marquee, Giveaway, or Session
Sponsorship of the Palm Beach County 2005 Economic Summit. Funding is available
from 001-1111-511-48.10 (General Fund/Commission Special Event Contingency Fund).
The City Manager stated the Palm Beach County 2005 Economic Summit
is scheduled for November 9-10, 2005. Considering the current economic development
goals, staff recommends the purchase of a Marquee Sponsorship.
Mr. Levinson stated the purpose of this Economic Summit is to create a
roadmap for the next twenty years in economic development similar to what was done in
1986 and is a visioning process for Palm Beach County.
Mr. Levinson moved to approve the purchase of a Marquee Sponsorship
of the Palm Beach County 2005 Economic Summit, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs.
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09/20/05
Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote.
9.L. APPOINTMENTS TO THE BOARD OF CONSTRUCTION
APPEALS:
Appoint one (1) regular member to the Board of Construction Appeals for a
two (2) year term ending August 31, 2007 and one (1) regular member for an unexpired
term ending August 31, 2006. Based upon the rotation system, the appointments will be
made by Commissioner Levinson (Seat #3) and Commissioner Archer (Seat #2).
Mr. Levinson moved to appoint Mark Gregory as a regular member to the
Board of Construction Appeals for a two (2) year term ending August 31, 2007, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman –
Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed
with a 4 to 0 vote.
Mrs. Archer moved to appoint Norman Rosenblatt as a regular member to
the Board of Construction Appeals for an unexpired term ending August 31, 2006,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said
motion passed with a 4 to 0 vote.
9.M. CITY ATTORNEY EVALUATION.
Brief discussion followed by the Commission regarding the City
Attorney’s annual performance evaluation.
Mr. Levinson moved to approve a four (4%) percent salary increase for
the City Attorney, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman
– Yes. Said motion passed with a 4 to 0 vote.
9.N. CITY MANAGER EVALUATION.
Brief discussion followed by the Commission regarding the City
Manager’s annual performance evaluation.
Mr. Levinson moved to approve a four (4%) percent salary increase for
the City Manager, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer
– Yes. Said motion passed with a 4 to 0 vote.
9.O.SPECIAL EVENT REQUEST/HARVEST FEST:
Approve a special
ndrd
event request to hold the Annual Harvest Fest on October 22 and 23, 2005 from 10:00
a.m. to 5 p.m. at Old School Square, to grant a temporary use permit, contingent upon
staff support for security and traffic control as determined by the Police Chief and trash
removal/site cleanup to be completed by Chamber volunteers and staff.
- 36 -
09/20/05
Robert A. Barcinski, Assistant City Manager, stated staff is requesting that
the Commission endorse Harvest Fest proposed to be held on October 22-23, 2005 from
10:00 a.m. to 5:00 p.m. at Old School Square. Although the applicant has not requested
police assistance staff is recommending that police security be provided since alcohol
will be sold and cash will be handled on-site by other vendors. City cost estimates for
this event are approximately $3,100 if the event sponsor cleans the site and removes trash
with their volunteers. Based on our event policies and procedures, the charge for City
services will be approximately $840.00.
Mr. Levinson stated the reason he requested that this item be moved from
the Consent Agenda to the Regular Agenda is because the Palm Beach Post is the event
sponsor. Therefore, Mr. Levinson stated he will not support it.
Mrs. Archer moved to approve the Special Event request for Harvest Fest
to be held on October 22-23, 2005 from 10:00 a.m. to 5:00 p.m. at Old School Square,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – No. Said
motion passed with a 3 to 1 vote, Commissioner Levinson dissenting.
12.FIRST READINGS:
12.A. None.
Item 13, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items.
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
The City Manager stated he appreciates the continued confidence and
encouragement of the Commission. He stated his job is interesting and challenging and
he is looking forward to continuing this for some time to come.
With regard to what other cities have done regarding COLA’s for retirees,
the City Manager stated staff is not at the conclusion of this yet. Staff did a survey of
surrounding municipalities and basically no cities currently do this. The City Manager
expressed concern that there are retirees who have COLA’s that is built into their plans
now and some of these are put into the plans for everyone since day one. The City
Manager stated staff is still working on this.
The City Manager stated the City’s contact at the Florida League of Cities
regarding the Hurricane Katrina relief in Mississippi has been in touch with the Mayor of
Poplarville, Mississippi who stated at this time they do not need any additional help. The
League of Cities is looking to pair the City of Delray Beach with someone else and they
will be back in touch with the city sometime next week. They are going to call and tell us
- 37 -
09/20/05
the city and what they have requested, and then Delray Beach will contact that particular
city and work directly with them and figure out how to best respond to their needs.
13.B.City Attorney
The City Attorney thanked the Commission for the nice words with regard
to her performance evaluation and for recognition of her staff.
13.C.City Commission
13.C.1.Mrs. Archer
Mrs. Archer stated a citizen Mark Denkler has traveled to Mississippi
along with Florsheim and delivered 3,500 pairs of shoes to the affected area.
Secondly, she inquired about the total costs that it takes to run Old School
Square.
13.C.2.Ms. McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.3. Mr. Levinson
Mr. Levinson had no comments or inquiries on non-agenda items.
13.C.4.Mayor Perlman
Mayor Perlman stated there is a new company coming to Delray Beach
and he received an invite from the Business Development Bureau to attend.
Secondly, he stated the movie premiere for “In Her Shoes” will be held
tomorrow evening and noted this movie was filmed in Delray Beach.
Mayor Perlman stated he attended the Boca Industry Appreciation
st
Luncheon today and commented that Mike Arts is retiring on November 1 and for
twenty years has been a very powerful guy particularly for the interest of the South
County area. Mayor Perlman suggested that Mr. Arts be brought in for some recognition
as a neighboring community that has appreciated his help and advocacy over the years.
Lastly, he stated there are numerous non-conforming lots (40-45 feet) in
the city and there is a workforce housing issue. Mayor Perlman asked if there is a way to
come up with a template of designs for houses that would work on these lots that are a
few feet short of being buildable and somehow regulate that they be for workforce
housing.
- 38 -
09/20/05
There being no further business, Mayor Perlman declared the meeting
adjourned at 10:09 p.m.
~~~~~. K~~
Actmg City Clerk
ATIE~ l ~
MAYOR
The undersigned is the Acting 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 September 20, 2005, which Minutes were formally approved and adopted by the City
Commission on October 11. 2005.
~
-c~~ 1t1, f(~
. Acting City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
-
- 39-
09/20/05
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-:;OUNTY. MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
l NAME-FlRST NAME-MIOOLE NAME
Perlman, Jeffre L.
MAILING ADDRESS
71 Delra Lakes Drive
CI1Y
COUNTY
NAME OF BOARD, COUNC1L, COMMISSION. AlJlliORlTY. OR. COMMITTEE
Delra Beach Cit Commission
THE BOARD. COUNCIl., COMMISSION, AUTHORI1Y OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
:l:I CITY 0 COUNTY a OlliER lOCAl AGaCf
NAME Of POllTlCAL SUBOMSION:
City of Delray Beach
OATE ON WHICH VOTEOCCURREO
9/20/05
MY POSf1lON C$:
l1li ElECTIVE
o APP<ltNl1VE
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 equaUy to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flo<ida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether .you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this fonnbefore
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
>erson holding elective or appointive county, municipal, or other local pubfic office MUST ABSTAIN from voting on a measure which
:es to his or her special private gain or loss. Each elected or ap~ted local offocer also is prohibited from knowingly voting on a mea- .
. sure which inures to the special gain or loss of a principal (other than e government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained): to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners. of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" indudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, sorHn-Iaw, 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 Usled on any national or regional stock exchange).
.
.
.
.
.
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disciose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembiy the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recon:ting the min-
utes of the meeting, who should incorporate the form in 'the minutes.
.
.
.
APPOINTED OFFICERS:
~h you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
1st disclose ihe nature of the conflict before making any attempt to influence the decision, whether orally or in writing and.whether ma<jEl
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 liE
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)
CI; FORM 88 - EFF. 1/2000
ITEM 9 G
PAGEl
APPOINTED OFFICERS (continued)
A copy of the !olin 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 conllicl in the measure before participating.
. You must compIefe the form and file it within 15 days after the vofe 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 provid>ed immediatety to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrev L. Perlman
, hereby disdose that on
September 20
,20.QL:
(a) A ffi88SU18 came or will com>e before my agency which (check one)
inured to my special private gain or loSS;
inured to the special gain or loss 0.1 my business associate,
-X. inured to the special gain or loss of my relative,
Inured to the special gain or loss of
whom I am retained; or
Inured to the~ gain or loss of
is the parent organization or subsidiaJy of a principal which has retained me.
Di,qna Colonn;t
,by
. which
(b) The measure before my agency and the nature of myconfliCIing interest in the measure is as folloWs:
Diane Colonna, my. wife, is Director of the Community Redevelopmerit Agency (CRA).
I have a conflict voting on items that directly affect the CommUllity
Redevelopment Agency.
9/20/05
Date FlIed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES !j112.317,A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAlTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
- ---:OUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
l NAlAE--FIRST NAME-MlOOLE NAME NAME OF BOARD, COUNCIL. COMMISSlON, Al1THORnY. OR COMMITTEE
. _rlman, Jeffrev L. Delrav Beach Citv Commission
MAlUNG ADDRESS THE BOAAO,.COUNCl.. COMMISSlON. AUTHORITY OR COMMlTIEE ON
q71 Delra" Lakes Drive WHICH I SERVE IS A. UNIT OF:
CI1Y COUNTY 10 aTY o COUNTY a OllER lOCAl N3EHCY
n~'__.. '" . , ,,-,- NAME OF POlITICAL SUBOMSIOtt
. City of Delray Beach
DATE ON WHICH VOTE OCCURREO MYPOSlllON IS:
9/20/05 III ElECT1VE a APPOtN11VE
WHO MUST FILE FORM 8B
This form is for use by any persall serving at the county, city, or other local level of government on an appointed or elected bOard, council,
commission, aulhOlity, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflicl of Interest under Section 112.3143, Florida Statutes.
Your responsibllilies under the law whan faced with voting on e measure in which you have a. conflict of interest will vary greaUy depending
on whether .you hold an elective or'appointive position. For this reason. please pay dose attention to the instructions on this loon before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
- . -.... -' .. ,",' ,,"
erson holding elective or appointive county, municipal, or other local pUbliC office MUST ABSTAIN. from voting Oil a measure which
es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knOwingly. voting on a mea- .
. _ ... 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 Of 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 onty the office(s father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
moUler..Jn.law. ~w. 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 nollisled 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 slating 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 fifing this form with the person responsible for recording the min-
utes of the.mooting, who should incorporate the fonn in the minutes.
.
.
.
.
.
.
,
.
APPOINTED OFFICERS:
Although you mUst. abslail) from voting in the situations described above, you otherwise may participate in these mailers. However, you
-,t disclose'the naMe of the conflict before making any allemptto influence the decision; whether orally or in writing aild whether mall<!
IOU or at your direction.
,r (OU INTeND TO MAKE ANY ATIEMPT 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 mooting, who will incorporate the fonn in the minutes. (COntinued on other side)
ce FORM 88 - EFF. 112000
ITEM 9 H
PAGEl
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 m>eeting alter the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orafty the nature of your conflict in the measure before participating.
. You must complete the fortn and file K within 15 days alter the vofe 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,
",Teffre.v L. Perlman
, hereby disclose that on
September 20
,20~:
(a) A nieasure came or will corne betore my agency which (check one)
inured to my sp>ecial private gain or loss;
Inured to thesp>ecial gain or Ios$ of my business associate,
-X. inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom IlIIlI retained; or
inured to thespeclal gain or Ios$ of
is the parent organization or $Jbsidiary of a principal which has retained me.
(b) The measure before .my.agency and the nature of my conflicting interest in the measure is as folloWs:
Diana Colonna
,by
. which
Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
..--.~..
9/20/05
Date Filed
NOTICE: UNDER PROVISIONS Of FLORIDA STATUTES ~112.317,"A fAilURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT,
REMOVAL ORSUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVil PENALTY NOT TO EXCEED $'10,000.
ce FORM 8B - EFF. 1/2000
PAGE 2