10-11-05 Minutes
OCTOBER 11. 2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, October II, 2005.
1:.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor JeffPerhnan
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Carolanne Kucmerowski, Acting City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3.
given.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perhnan stated there is a final revised agreement for Item 9.E.,
Revised Al!reementlMatch Point. Inc. and a revised resolution for Item 9.M.,
Resolution No. 83-05.
Mr. Levinson requested that Item 9.P., Request for MediationlPublic
Meetinl! Rules of the Regular Agenda be moved to the Regular Agenda as Item 9.A.1.
Mr. Levinson moved to approve the Agenda as amended, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
September 20, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
lOlli/OS
Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote.
6.PROCLAMATIONS:
6.A. Recognizing and Commending the Delray Divas Step Dance Teams
Mayor Perlman read and presented a proclamation hereby proclaiming the
Delray Divas to be Champions among Champions and Ambassadors of Good Will and
Sportsmanship for the City of Delray Beach. The following individuals came forward to
accept a proclamation:
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David Ricks, Recreation Supervisor IV
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Rhonda Williams-Turner, Program Director
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Tia Dobard, Coach
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Tammy Peak, Coach
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LaToya Jackson, Coach
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Dawne Girtman, Coach
6.B. Florida City Government Week – October 16-22, 2005
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of October 16 through October 22, 2005 as Florida City Government Week in the
City of Delray Beach. Nancy King, Staff Assistant/Publication Editor, came forward to
accept the proclamation.
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6.C. Bethel Evangelical Baptist Church of Delray – 25 Anniversary
Mayor Perlman read and presented a proclamation hereby recognizing
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Bethel Evangelical Baptist Church on its 25 Year Celebration in the City of Delray
Beach. Reverend Franck Francois (Pastor) came forward to accept the proclamation.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 77-05:James
Recognizing and Commending
Mihori and Chieko Mihori
for their years of dedicated service to Sister Cities.
The caption of Resolution No. 77-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA RECOGNIZING
AND COMMENDING JAMES "JIMMY" MIHORI AND
CHIEKO MIHORI FOR THEIR YEARS OF
DEDICATED SERVICE TO SISTER CITIES OF
DELRAY BEACH AND THE CITY OF DELRAY
BEACH.
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(The official copy of Resolution No. 77-05 is on file in the City Clerk’s
Office.)
Mrs. Ellis moved to approve Resolution No. 77-05, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms.
McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said
motion passed with a 5 to 0 vote.
Mayor Perlman read and presented Resolution No. 77-05 to James and
Chieko Mihori. Jimmy and Chieko Mihori came forward to accept their Resolution.
Mayor Perlman stated one of his biggest regrets as Mayor is that he was
supposed to go last year to celebrate the Anniversary of Delray’s relationship with
Miyazu, Japan and unfortunately at the last minute had a death in the family and had to
cancel. He hopes to have the opportunity to go to Miyazu with Mr. and Mrs. Mihori
because he understands that it is an incredible experience.
Ms. McCarthy stated one of her most memorable moments as City
Commissioner was she went to Morikami and had the opportunity to do a traditional
dance with Mrs. Mihori on the stage. Ms. McCarthy stated this was a wonderful moment
and thanked her for sharing her culture.
7.B. Sister Cities/Youth Ambassadors
David Schmidt, President of Sister Cities, gave a brief slide presentation
regarding the Sister Cities organization. He thanked the Commission for its support each
year and stated their contribution helps them to have the ability to use what funds they
raise from fundraising efforts to sponsor programs such as the student trip. In addition,
he thanked the City Manager for allowing Nancy King to go on the trip. This year Tony
Durante stepped in and helped train the students and helped chaperon the students. He
named seven student ambassadors from Atlantic High School and noted because of the
outstanding group of applicants seven students were sent this year instead of the usual
five.
Tony Durante briefly explained the trip to Miyazu, Japan and gave a brief
slide presentation.
7.C. “Spotlight on Education” – Tammy Ferguson, Principal of Village
Academy
Dr. Tammy Ferguson, Principal of Village Academy, gave a brief update
on Village Academy and stated Village Academy is a community school in Delray Beach
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and this year they have Pre-K through 7 Grade. She stated their focus is Rigor,
Relevance, and Relationships (RRR).
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Ms. Ferguson stated the Beacon Center provides the opportunity to allow
children to come to school earlier and stay later to get extra education.
Mayor Perlman thanked Dr. Ferguson for doing such an incredible job
with the Village Academy and stated the micro-society program is very exciting. He
asked Dr. Ferguson to thank the children for the bouquet of cookies he received from
them.
On behalf of the City of Delray Beach who is recipient of the grant, Mr.
Levinson stated the Commission is thrilled that Dr. Ferguson is working with the Beacon
Center.
7.D. Community Land Trust – Joseph E. Gray, Assistant Director,
Community Redevelopment Agency
Joe Gray, Assistant Director of the Community Redevelopment Agency
(CRA), gave a brief presentation explaining the Community Land Trust and commented
it is for people who cannot own a home on their own. The Land Trust reserves the option
to repurchase a piece of property at a set price when the owner decides to sell the house.
Mr. Gray stated that at a future meeting the Commission will need to make
appointments for the Community Land Trust Board.
Mayor Perlman stated this has been in the works for a couple of years now
and he is looking forward to getting it implemented. He stated he appreciates Mr. Gray’s
hard work and feels this is a very innovative idea and very needed.
Mr. Levinson stated he thinks a potential for significant CLT action would
be a self initiated action where a person who is in a home that needs to be fixed up
because it has deteriorated over a period of time can sell the land to the CLT and take the
proceeds to reinvest in the house to fix it up. This allows a person to stay in their home
and fix it up where they might not have the ability to finance those repairs. Mr. Levinson
stated this is a very effective tool particularly in the targeted areas.
7.E.Introduction of Doug Smith, Assistant City Manager
The City Manager stated as the Commission is aware the City created a
new Assistant City Manager position and he would like to take the opportunity this
evening to introduce the new Assistant City Manager Doug Smith. The City Manager
stated Mr. Smith worked for the City of North Palm Beach for approximately five years
and feels he will be a great asset to the staff here in Delray Beach.
8.CONSENT AGENDA: City Manager Recommends Approval.
8.A.FINAL SUBDIVISION PLAT APPROVAL/TROPIC ISLES
TOWNHOMES REPLAT:
Approve the subdivision plat for Tropic Isles Townhomes,
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an eight (8) lot, fee-simple, townhouse development, located at the northwest corner of
Frederick Boulevard and Avenue “H”.
8.B.RESOLUTION NO. 75-05:
Approve Resolution No. 75-05 assessing
costs for abatement action required to remove nuisances on two (2) properties throughout
the City.
The caption of Resolution No. 75-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT
A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID
.
ASSESSMENTS
(The official copy of Resolution No. 75-05 is on file in the City Clerk’s
Office.)
8.C.RESOLUTION NO. 76-05:
Approve Resolution No. 76-05 amending
Resolution No. 2-82 to remove the requirement that the Hamlet Residents’ Association
Articles of Incorporation, Bylaws, or Declaration of Restrictive and Maintenance
Covenants may not be amended or terminated without the City’s approval.
The caption of Resolution No. 76-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION 2-82 BY REMOVING THE
REQUIREMENT THAT THE HAMLET RESIDENTS
ASSOCIATION INC.’S ARTICLES OF
INCORPORATION, BYLAWS OR DECLARATION OF
RESTRICTIVE AND MAINTENANCE COVENANTS
MAY NOT BE AMENDED OR TERMINATED UNLESS
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AND UNTIL THE CITY OF DELRAY BEACH HAS
APPROVED THE AMENDMENT AS IT RELATES TO
ALL OTHER ISSUES NOT RELATED TO
RESOLUTION 2-82; PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 76-05 is on file in the City Clerk’s
Office.)
8.D.RESOLUTION NO. 78-05:
Approve Resolution No. 78-05 supporting
the use of red light cameras.
The caption of Resolution No. 78-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
THE USE OF RED LIGHT CAMERAS.
(The official copy of Resolution No. 78-05 is on file at the City Clerk’s
Office.)
8.E.AMENDMENT TO CONTRACT FOR SALE AND
PURCHASE/AUBURN TRACE:
Approve an Amendment to the Contract for Sale and
Purchase between the City and Auburn Trace to reflect that Auburn Trace, Ltd. shall seek
release of an easement for drainage by the School District, from the Seller’s mortgage, if
required.
8.F.CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC:
Approve an
agreement between the City and Chris Evert Charities, Inc. for the Chris Evert Pro-
Celebrity Tennis Classic to be held at the Tennis Center in December for the years 2005,
2006, and 2007; and the City will make the following contributions to Chris Evert
Charities, Inc.: $40,000.00 in 2005, $41,200.00 in 2006, and $42,400.00 in 2007.
Funding is available from 001-4210-575-55.43 (General Fund/Chris Evert Classic
Tournament).
8.G.ACCEPTANCE OF RIGHT-OF-WAY DEED/GEORGE BUSH
BOULEVARD:
Approve and accept a right-of-way deed associated with a seven (7)
foot strip of property along the north side of George Bush Boulevard, located between
north and southbound Federal Highway.
8.H.SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE:
Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and
Recreation Department and the Chamber of Commerce to be held on December 10, 2005
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
st
Avenue to N.W. 1 Avenue; Miramar and Lowery for parade set up from approximately
4:00 p.m. to 7:30 p.m.; and authorize staff support for traffic control and security, EMS
assistance, barricade set-up/removal, trash removal/clean up, and processing of the FDOT
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permit.
8.I.INTERLOCAL AGREEMENT/BOYNTON BEACH:
Approve an
Interlocal Agreement with the City of Boynton Beach for the assignment of a fire-safety
trailer by the City of Delray Beach to the City of Boynton Beach.
8.J.SERVICE AUTHORIZATION NO. 4/SPATIAL FOCUS, INC.:
Approve Service Authorization No. 4 to Spatial Focus, Inc. in the amount of $32,000.00
for the completion of the citywide Address and Geo Audits. Funding is available from
442-5178-536-31.90 (Water/Sewer Renewal and Replacement Fund/Other Professional
Services).
8.K.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ
EQUIPMENT, INC.:
Approve Change Order No. 1 (Contract Addition) between the
City and Chaz Equipment, Inc. in the amount of $59,500.00 for construction of a
secondary containment enclosure at the Water Treatment Plant as an addition to the
Swinton Avenue Beautification Phase II Project construction contract. Funding is
available from 442-5178-536-64.45 (Water/ Sewer Fund/Gas Chlorine Conversion).
8.L. CHANGE ORDER NO. 4 (CONTRACT ADDITION)/ASPHALT
CONSULTANTS, INC.:
Approve Change Order No. 4 (Contract Addition) between the
City and Asphalt Consultants, Inc. in the amount of $170,107.23 for additional services
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associated with the replacement of an existing sewer main as part of the N.W./S.W. 5
Avenue Beautification Project. Funding is available from 442-5178-536-63.51 (Water &
Sewer/Renewal/Replacement/Sewer Mains) and 334-3162-541-65.83 (General
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Construction Fund/N.W./S.W. 5 Avenue).
8.M.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/HARTZELL
CONSTRUCTION, INC.:
Approve Change Order No. 1 (Contract Addition) between
the City and Hartzell Construction, Inc. in the amount of $115,204.00 for the Chatelaine
sidewalks. Funding is available from 334-6130-541-63.89 (General Construction
Fund/Neighborhood Improvements).
8.N.LEGISLATION OPPOSITION:
Approve the City’s opposition to U.S.
Senate Bill 1349 and House Bill 3146 “Video Choice Act” that would preempt the City’s
authority over video services and reduce the City’s ability to obtain support for public,
educational, and government (PEG) capacity; and authorize the Mayor to send an
opposition letter.
8.O.FLORIDA DEPARTMENT OF TRANSPORATION (FDOT)
LANDSCAPE MAINTENANCE COMMITMENT/ATLANTIC AVENUE/SOUTH
FEDERAL HIGHWAY:
Approve a Florida Department of Transportation (FDOT)
Landscape Maintenance Commitment to accept maintenance responsibility for
landscaping to be installed on West Atlantic Avenue, West/East Atlantic Avenue, and
South Federal Highway (US 1) as part of three (3) Resurfacing, Restoration, and
Rehabilitation (RRR) Projects.
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10/11/05
8.P.HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve Housing Rehabilitation grant/contract award through the Community
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Development Division in the amount of $29,585.00 to Sun Sand Builders (220 N.W. 2
Street). Funding is available from 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
8.Q.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for
the period September 19, 2005 through October 7, 2005.
8.R.AWARD OF BIDS AND CONTRACTS:
1.
Contract renewal with Pencco, Inc. for the purchase of
hydrofluorosilicic acid at an estimated annual cost of $20,352.00
for the Water Treatment Plant. Funding is available from 441-
5122-536-52.21 (Water/Sewer Fund/Chemicals) FY 05/06.
2.
Purchase award to Don Reid Ford in the amount of $15,698.00 via
the Florida Sheriff’s Association Contract #(FSA) 04-12-0823 for
the purchase of one (1) 2006 Ford Escape small size utility 4 x 2
Truck for the Utilities Customer Service Division. Funding is
available from 441-5112-536-64.20 (Water/Sewer
Fund/Automotive).
3.
Purchase award to Garber Ford Mercury in the amount of
$20,846.00 via the Florida Sheriff’s Association Contract #(FSA)
04-12-0823 for the purchase of one (1) 2006 Ford F-250 SD ¾ ton
Pick-up Truck for Parks Maintenance. Funding is available from
001-4138-572-64.20 (General Fund/Automotive).
4.
Purchase award to Taylor Data Systems, Inc. in the amount of
$22,431.76 for the purchase of four (4) additional in-vehicle
Mobile Data Terminals with software and wireless service for the
Fire Department. Funding is available from 115-2311-522-64.90
(Special Projects Fund/Other Machinery/ Equipment).
5.
Purchase award to GameTime in the amount of $45,550.12 via
Florida State Contract #650-001-04-1 for the purchase of the
Extravaganza model playground equipment for Miller Park.
Funding is available from 334-6112-572-64.33 (General
Construction Fund/Replace Playground Equipment).
6.
Bid award to various vendors for the purchase of chemicals and
fertilizers via Co-op Bid #2005-32 for a total estimated annual cost
of $134,000.00. Funding is available from 001-4131-572-52.26
(General Fund/Gardening Supplies), 445-4714-572-52.26 (Delray
Beach Municipal Golf Course Fund/Gardening Supplies), and 446-
4714-572-52.26 (Lakeview Golf Course Fund/Gardening
Supplies).
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10/11/05
7.
Bid award to multiple vendors for the purchase of gasoline and
diesel fuel via the Palm Beach County Co-op Bid #05154 at an
estimated annual cost of $1,370,570.00. Funding is available from
445-4714-572-52.11 (Delray Beach Municipal Golf Course
Fund/Fuel/Oil Other), 446-4714-572-52.11 (Lakeview Golf Course
Fund/Fuel/Oil Other), 501-3311-591-52.51 (Central Garage
Fund/Inventory/Fuel) and 441-5122-536-52.11 (Water/Sewer
Fund/Fuel/Oil/ Other); and 001-2111-521-52.10, 001-2113-521-
52.10, 001-2115-521-52.10, 001-2117-521-52.10, 001-2119-521-
52.10, and 001-2121-521-52.10 (General Fund/ Police
Department/Inventory/Fuel).
8.
Purchase award to Southern Sewer Equipment Sales in the amount
of $223,518.00 via the Florida Department of Transportation
Contract #PO384 for the purchase of one (1) Vac-Con Sewer
Cleaning Truck for the Environmental Services Department.
Funding is available from 448-5461-538-64.25 (Storm Water
Utility Fund/Heavy Equipment) and 442-5178-536-64.25
(Water/Sewer Renewal and Replacement Fund/Heavy Equipment).
9.
Purchase award to PVS Technologies, Inc. in the amount of
$133,900.00 for ferric chloride for use in the Water Treatment
Plant. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
Mr. Levinson stated there was a significant article in the newspaper about
why we have not been able to keep the cost of government commensurate with the
Item 8.R.7.(Award of Bids and
increasing number of bodies and inflation. He stated
Contracts)
that the City’s fuel bill for gasoline and diesel fuel this year by itself is
$1,370,570.00.
The City Manager stated when the City of Delray Beach awarded the bid
in 2004 the estimated annual usage was $546,000.00. Mr. Levinson commented the fuel
cost to the City has almost tripled in one year.
Mrs. Ellis stated every business in this city that has people on the road is
experiencing the same impact.
Mr. Levinson moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes;
Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:08 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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10.PUBLIC HEARINGS:
10.A.ORDINANCE NO. 32-05 (SECOND READING/SECOND 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
(Quasi-Judicial Hearing)
of Military Trail, south of West Atlantic Avenue.
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.)
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.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Carolanne Kucmerowski, Acting City Clerk, swore in those individuals
who wished to give testimony on this item.
Ron Hoggard, Senior Planner, entered the Planning and Zoning
Department project file #2005-192 & #2005-193 into the record.
Ron Hoggard, Senior Planner, stated Country Club Acres subdivision
consists of an 18.16 acre subdivision located on the east side of Military Trail south of
Atlantic Avenue. Mr. Hoggard stated there are ninety-five (95) parcels with eighty-one
(81) single family residential homes and fourteen (14) vacant lots. This property was
annexed earlier this year with the effective date being May 3, 2005. This was also part of
a Future Land Use Map Amendment (FLUM) as part of Comprehensive Plan
Amendment 2005-1.
At its meeting of May 23, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the FLUM amendment and rezoning request. After
reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0
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(Kincaide, Morris and Zacks absent) to recommend approval of the FLUM Amendment
and Rezoning request by adopting the findings of fact and law contained in the staff
report, and finding that the requests and approval thereof are consistent with the
Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1
(Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land
Development Regulations. Staff recommends approval.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of this ordinance, to please come forward at this time. There being
no one who wished to address the Commission regarding Ordinance No. 32-05, the
public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 32-05 on Second
Reading/Second Public Hearing, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote.
Item
At this point, the time being 7:12 p.m., the Commission moved to
11, Comments and Inquiries on Non-Agenda items from the City Manager and the
Public
.
11.A.City Manager’s response to prior public comments and inquiries.
With regard to a previous inquiry regarding Lowson Boulevard and the
traffic calming that has been done there, the City Manager stated Lowson Boulevard is
classified as a collector road and collector roads are by definition are roads that provide a
less highly developed level of service at a lower speed compared with arterial roads for
shorter distances by collecting traffic from local roads and protecting them with arterials.
The posted speed limit on Lowson Boulevard is 30 mph. Staff collected traffic speed
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data both before and after the traffic calming. Before the traffic calming, the 85
percentile speed was above 35 mph which is one of the things that qualified it for traffic
calming. After traffic calming, data indicates that speeds have been reduced between 30-
35 mph. With regard to the block where Mr. Rudolph lives, between the 3200-3300
block speeds are reduced from the 37/38 mph range to 32/35 mph. The City Manager
stated volumes in the same block were also reduced before the traffic calming and were
running between 2,200 and 2,900 vehicles per day. Now there are approximately 2,000
and 2,600 vehicles per day. The City Manager stated from the City’s perspective, the
purpose of traffic calming has been achieved.
11.B.From the Public.
11.B.1.Deborah Bennett, 137 Seabreeze Avenue, Delray Beach,
asked if she
can speak on Item 9.A.1. (Regular Agenda) and Mayor Perlman informed her that this is
only for non-agenda items.
11.B.2.Gerry Franciosa, 939 Eve Street, Delray Beach,
stated in August 2005
he wrote a letter to the City Manager requesting that Progressive Residents of Delray
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(PROD) make a presentation regarding Election Reform in Delray Beach. Mr. Franciosa
stated the City Manager wrote PROD back and said that the presentation would not be
appropriate before this Commission. Subsequently, PROD followed up with another
letter to the City Manager asking that this proposal be reconsidered.
Item
At this point, the time being 7:17 p.m., the Commission moved to
9.A.1.
of the Regular Agenda.
9.REGULAR AGENDA:
9.A.1.REQUEST FOR MEDIATION/PUBLIC MEETING RULES:
Consider a request for mediation per Florida Statutes 16.60 regarding a public access
dispute.
The City Attorney stated she received a letter from Pat Gleason, General
Counsel, indicating that a citizen of the City of Delray Beach had requested a mediation
process under Florida Statute 16.60 and this is before the City Commission for
consideration. The City Attorney stated it is voluntary and non-binding on the City.
Mayor Perlman stated there are some people in the public who have
requested an opportunity to speak on this item. As per the rules, he asked if the
Commission would like to hear from these people. It was the consensus of the
Commission to hear from the following individuals:
Deborah Bennett, 137 Seabreeze Avenue, Delray Beach, stated the Florida
Statute does refer to the mediation for public documents; however, the use has been
expanded because the Attorney General’s website refers to it as “open government
mediation”. Mrs. Bennett stated the Attorney General as well as the Florida First
Amendment Foundation has deemed the matter a public’s right to speak on regular and
consent agenda items a matter suitable for mediation. Mrs. Bennett stated the Florida
Supreme Court has specified “boards and commissions should not be allowed to deprive
the public of this inalienable right to be present and be heard at all deliberations wherein
decisions affecting the public are being made.”
Gerald Franciosa, 939 Eve Street, Delray Beach, stated there has to be
open government and people have to have the right to speak regardless of whether the
Commission believes it or not. He stated limiting people on public speaking on non-
agenda items is difficult because once the agenda item is approved and it goes to another
Commission meeting and someone decides to speak about it is already done. He stated
the Commission should always keep the decision up to them as to whether they want
people to speak or not but at least give people the opportunity. Mr. Franciosa stated the
Rules for Public Participation say “Any person may address the Commission regarding
agendaed or non-agendaed items at the appropriate time during a meeting.” Mr. Franciosa
stated he was informed by the City Attorney that those were items which were not
agendaed items but are those items that are agendaed items “as public hearings”. He
stated in his opinion, an agendaed item is anything on the regular agenda. Mr. Franciosa
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suggested that either the verbiage in the Rules for Public Participation (1.C.) be amended,
or that the Commission give people the right to request in advance to speak on an item
and then the Commission can decide whether someone can speak or not.
Fred Fetzer, 932 Evergreen Drive, Delray Beach, spoke in opposition of
the mediation request per Florida Statutes regarding the public access dispute. Mr. Fetzer
stated he believes the residents have complete access to the Commission meetings. He
feels this is representative government and that the City Commission is doing a fine job.
Connor Lynch, 315 N. Palmway, Lake Worth, spoke in opposition of the
mediation request and stated the current process has worked considerably well in the past
and this is demonstrated by the progress and development that the City had made during
which time there were little to no complaints from the public in regards to the lack of
opportunity to present their opinion and be heard.
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Bill Wood, 3777 N.W. 8 Street, Delray Beach (President of the Chamber
of Commerce), stated Delray Beach is very proud of the way it has included its citizens in
almost everything they do. Mr. Wood stated in his opinion Delray Beach has held more
Charettes and visioning processes than any other city in the State of Florida. He stated
the rules have worked up to now, however, if they wish to change these rules and allow
something he feels this is up to the Commission to do that and does not feel this is
something that needs to go to mediation with the Attorney General’s office.
Dr. Jay Alperin, 3130 Lowson Boulevard, Delray Beach, stated rules were
established to make the meetings run efficiently and so that everyone had a fair chance
and would be heard. He stated in his opinion this is not about public access and the
ability for the public to get to the Commission but instead it is politics. Dr. Alperin stated
this is an example of a couple of political failures who are not willing to run again so that
they can make these changes and are willing to damage the City in order to get their way.
Dr. Alperin urged the Commission to not support this request.
Jayne King, 3400 Place Valencay, Delray Beach, stated she remembers
being before the Commission when the new Charter School was being discussed and
people were here from the NAACP and they wanted to speak and was turned away
because it was an agenda item and they were not able to talk. Ms. King stated she has
seen people from the Haitian community and the minority community who wanted to
speak on something regarding Carver Square and were turned away because it was an
agenda item.
Ms. McCarthy reiterated the fact that when people were not allowed to
speak on a regular agenda item in front of this Commission it would have happened
because they did not follow the policy. For the record, Ms. McCarthy stated people who
communicated with people to make their appearance about issues that were going to
impact them are very familiar with the rules of pubic participation. She stated these
individuals should have shared with the people that all they had to do was contact City
Hall and make the request to speak on any regular agenda item or to call any elected
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10/11/05
official to make certain that they would bring the issue forward. When this step was not
taken, this left these people vulnerable so that they felt disgruntled and felt that they were
rejected. She stated these policies have not changed with regard to speaking from regular
agenda items on this Commission since she has been here (March 2000).
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Cary Glickstein, 277 S.E. 5 Avenue, Delray Beach, concurred with Dr.
Alperin’s comments with regard to the political motivation of this issue. He urged the
Commission to not support this request.
David Schmidt, 2160 Northridge Road, Delray Beach, strongly urged the
Commission to not change their rules in response to this request. Mr. Schmidt stated this
Commission has done an excellent job.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Prior to the vote, Mr. Levinson stated he spent several hours today on City
business with people who called and wanted meetings on upcoming agenda items.
Mrs. Ellis stated anyone who has tried to contact her has found her and she
has tried her best to live up to the standards that were set by the Commission the last 20
years. She stated accessibility is what the Commission strives to do for the community.
Mayor Perlman stated the Commission is responsive, accessible, and
visible in this community to the detriments of their families, their businesses and
sometimes their health. He stated this is what the Commission has prided themselves in
being. Mayor Perlman stated the Commission is constantly answering emails, visiting
homeowner’s associations, and attending community events. Mayor Perlman stated there
is not a resident in the city who is coming to this meeting with a ligament issue before
this Commission that has been sent home without getting the attention and the time of
having staff sitting with them in the backrooms and having interpreters come in to help
them understand what is happening here if they do not speak the language. He strongly
opposes supporting the mediation.
Mr. Levinson moved to approve the mediation regarding public meeting
rules, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis – No; Mrs. Archer – No; Mr. Levinson – No; Ms. McCarthy – No; Mayor Perlman –
DENIED
No. Said motion was with a 5 to 0 vote.
9.A.AGREEMENTS/EAGLE’S NEST PROGRAM:
Consider approval of
the Interlocal and Multiple Party Agreement, to include a Construction Agreement,
between the City and the Community Redevelopment Agency (CRA), Chamber of
Commerce, and School Board of Palm Beach County for the Eagle’s Nest Program at the
Atlantic High School Career Academy.
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10/11/05
The City Attorney stated the Agreements include the Eagle’s Nest
Interlocal Agreement, the Multiple Party Agreement and the Construction Agreement
that is part of the Eagle’s Nest Program. This is a partnership between the Palm Beach
County School District, the Community Redevelopment Agency (CRA), the Chamber of
Commerce, and the City of Delray Beach.
Mr. Levinson stated Mr. Jerry Crocilla, Vocational Specialist for Career
Development, who ran the career academy for the entire district is now going to be full
time at Atlantic High School running the career academies.
Jerry Crocilla, Vocational Specialist for Career Development, recognized
Dr. Kathy Weigel, Principal of Atlantic High School, John Southern, and Paul
Mieszczenski.
Paul Mieszczenski, Atlantic High School, stated he has been a teacher at
Atlantic High School for 35 years and commented that this is a win/win situation for both
the student and the community.
Reggie Jackson, student speaking on behalf of the Atlantic High School
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Construction Academy, briefly discussed the building of a new home on N.W. 12
Avenue in Delray Beach (3 bedrooms, 2 bathrooms, and 1 car garage).
Dylan Tidwell, student, stated Eagle Nest started out as a competition and
brainstorm of multiple plans that were available. They all basically had the same design
due to the lot and noted the interior layouts were all different. They held a meeting and
verified that theirs was the most buildable by the architects. The drafting students
combined and put their efforts towards the design along with David Porter (professional
architect).
Peter Grillo (student), stated their design was chosen because it was the
most appealing and within budget. He stated the home is very welcoming with open
rooms and he briefly explained the elevations. He stated they had a 50 foot lot with 7 ½
foot setbacks allowing them to only make the house 35 feet wide and thus the reason for
the house being so narrow.
Michael Dent, student, briefly explained the construction portion of the
project.
Joe Polissaint (student), stated they are excited about getting started to
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build this home which will be located on N.W. 12 Avenue.
Jerry Crocilla, stated the program is more than just construction and a
house but it is also about functional life work living skills.
Dr. Kathy Weigel, Principal of Atlantic High School, stated the
Commission realized their dream when they decided to work with the School Board to
give them the high school they now have. Dr. Weigel expressed her appreciation and
thanked the Commission for their continued support.
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10/11/05
Mr. Crocilla stated he was a classroom instructor for 27 years and worked
with a group called “Project Lake Worth” and looked to the City of Delray Beach
because they are dedicated and organized towards education. He stated they sold the
house in Lake Worth and the profits went back into the program. Mr. Crocilla stated if
they become self sufficient he feels they will be a three time All-America City.
The City Attorney clarified that the Community Redevelopment Agency
(CRA) is giving the loan, the City of Delray Beach is giving the lot, and the Chamber of
Commerce is going to accept some donations through their ratification foundation and
this will be affordable workforce housing which is a City goal.
Lula Butler, Director of Community Improvement, stated staff is very
excited about this project and the first meeting included the building staff, and City staff
put together a team with the Planning Director, the Building Official, and City
Horticulturist to talk about land use. Mrs. Butler stated they would like to start a
groundbreaking ceremony hopefully sometime between the middle of November through
the first week in December.
Mr. Levinson stated the students have designed a house and as part of their
school day will work on building the house and will be working with various trades who
either for pay or for volunteer provide assistance with their skilled worked people (i.e.
electrician, mason, etc.). He stated they will not only have the classroom experience but
will also have on the job training and will learn how to measure, do fractions, read, and
things that you have to do in order to build a house. Mr. Levinson stated a family will be
the recipient of this house.
Mr. Levinson moved to approve the Interlocal and Multiple Party
Agreement to include a Construction Agreement between the City of Delray Beach and
the Community Redevelopment Agency (CRA), Chamber of Commerce, and the School
Board of Palm Beach County for the Eagle’s Nest Program at the Atlantic High School
Career Academy, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman
– Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote.
9.B.APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SUBWAY REAL ESTATE CORP.:
Consider an appeal of the Site Plan
Review and Appearance Board’s denial of the Subway Sign, located at 660 Linton
(Quasi-Judicial Hearing)
Boulevard.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Ms. McCarthy and Mrs. Ellis had no ex parte communications to
disclose. Mayor Perlman stated he had a brief conversation with Jason Mankoff. Mrs.
Archer stated she had a conversation with Jason Mankoff and Michael Weiner. Mr.
Levinson stated he had a conversation with Jason Mankoff and Michael Weiner.
Lula Butler, Director of Community Improvement, stated the item before
the Commission is consideration of an appeal of the decision of the Site Plan Review and
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10/11/05
Appearance Board (SPRAB), pursuant to Section 2.4.7(E) of the Land Development
Regulations for an exception to the master sign program established for the Linton Plaza
Shopping Center for “Subway.” The master sign criteria for the shopping center was
established by SPRAB in August 1991 and amended in May 2004 to include changes to
the two free-standing signs. These identification signs for the plaza required tenant
panels to have white copy on a teal green background and excluded the use of corporate
colors and logos. On August 24, 2005, the agent representing “Subway” requested
consideration of an exception to the approved master sign criteria to allow the use of its
corporate colors on the free-standing plaza identification sign. The business sign
proposed would be white and yellow on a corporate green oval, placed on a teal colored
panel. The Board denied the request with a 6 to 0 vote. Staff recommends that the
Commission support the SPRAB’s position on this.
Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray
Beach, representing the applicant, stated the applicant had previously appealed to
Commission SPRAB’s decision that also had to do with the wall signs. They are
following the colors of the signage in the plaza. He stated the subway signage is blocked
and not visible going east from a canopy and west it is a very shady and landscaped
center. They were unsuccessful getting the corporate colors there; however, they are not
appealing this. Mr. Mankoff briefly reviewed the City’s sign code. Mr. Mankoff stated
Subway is one of the top two or three franchises in the world and the applicant has spent
a tremendous amount of money trying to improve their logo and to have visibility. Mr.
Mankoff stated when people spot the corporate colors it is safer for traffic.
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of this item, to please come forward at this time. There being no
one who wished to address the Commission regarding the appeal, the public hearing was
closed.
Mrs. Ellis inquired about the position of the landlord. Mr. Mankoff stated
the applicant has authorization from the landlord and additionally the lease was
negotiated to allow the tenant the opportunity to come to the City and get its special
corporate colors. Mrs. Ellis asked how long this parcel was vacant prior to Subway going
in. Mr. Mankoff stated to the best of his knowledge this parcel has been vacant for
approximately two years.
The City Attorney distributed an outline of a Board Order for the
Commission to consider. The City Attorney briefly reviewed the Board Order and each
finding with the Commission.
Mr. Levinson moved to approve the Board Order as modified, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson – Yes;
Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said
motion passed with a 5 to 0 vote.
9.C.WAIVER REQUEST/209 PALM TRAIL:
Consider a waiver request to
waive Land Development Regulations, Section 7.9.8, “Finger Piers; Standards for
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10/11/05
Approval”, and Section 7.9.7, “Dolphins; Standards for Approval”, to allow a dock to
extend 48 feet from the seawall at 209 Palm Trail, pursuant to Section 7.9.4(A),
(Quasi-Judicial Hearing)
“Modification of Standards for Approval; Appeals”.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Lula Butler, Director of Community Improvement, stated this item is
consideration of approval of a modification to the LDR Section 7.9.8 Governing Finger
Piers and Section 7.9.7 Governing Dolphins pursuant to Section 7.9.4(A). Eccelstone
Signature Homes, owner of the property at 209 Palm Trail, is requesting a waiver from
the City Commission which would provide for a 7-foot waiver to the docks to allow them
to extend from the seawall a maximum of 25 feet.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of the waiver request, to please come forward at this time. There being no one
from the public who wished to speak in favor or in opposition of the waiver request, the
public hearing was closed.
Mr. Levinson moved to approve the waiver request to Section 7.9.4(A) of
the LDR’s standards, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote.
9.D.REQUEST FOR IN-LIEU PARKING SPACES/ROCKY’S
RESTAURANT:
Consider a request from Rocky’s Restaurant for the purchase of three
(3) in-lieu parking spaces in the amount of $36,000.00. Rocky’s Restaurant is located at
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(Quasi-Judicial Hearing)
20 S.E. 5 Avenue (Southbound Federal Highway).
Carolanne Kucmerowski, Acting City Clerk, swore in those individuals
who wished to testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated approximately six months ago he spoke to the
owner of Rocky’s Restaurant. Mayor Perlman, Mrs. Archer, Mrs. Ellis, and Ms.
McCarthy, had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated Rocky’s Restaurant
has submitted a Class III site plan modification to enlarge their existing restaurant by
1,094 square feet expanding into the former Haitian Art Gallery. LDR Section
4.4.13(G)(1) requires that the parking be provided by calculating the difference between
one (1) space per 300 square feet and six (6) spaces per 1,000 square feet. This proposed
conversion requires the provision of three (3) spaces (2.91 rounded up to 3). Mr.
Aronson stated Rocky’s does not have the ability to provide any of those parking spaces
on-site and is requesting to pay in-lieu for those spaces at $12,000 per space for a total of
$36,000 to be paid at the time of issuance of a building permit. The restaurant is adjacent
to the Old City lot, with 70 public parking spaces, and across the street from the Village
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10/11/05
Lot containing 43 public parking spaces.
At its meeting of September 27, 2005, the Parking Management Advisory
Board (PMAB) recommended approval of the applicant’s request. At its meeting of
September 28, 2005, the Site Plan Review and Appearance Board (SPRAB) approved the
applicant’s site plan modification with the condition that the applicant’s in-lieu request is
granted by the City Commission.
Mr. Aronson stated Rocky was in this process more than a year ago and
Rocky was not able to get information back to the City in a timely fashion and their
previous submittal was closed. Therefore, he had to come through the process again and
thus the reason for this being done a year later.
Mrs. Archer moved to approve the request from Rocky’s Restaurant for
the purchase of three (3) in-lieu parking spaces by adopting findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3)
of the Land Development Regulations, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote.
9.E.REVISED AGREEMENT/MATCH POINT, INC.:
Consider approval
of a revised agreement between the City and Match Point, Inc. regarding an annual
professional tennis event sanctioned by the ATP, Tour, Inc. to be held at the Tennis
Center.
Brian Shutt, Assistant City Attorney, stated there is a change to his
memorandum and noted some changes. He stated the City will have to sell three Emerald
and three Diamond Sponsorships. There is also a change to the player appearance fees
where Match Point has agreed to consult with the City to try and come up with the most
beneficial players that will appear in the tournament.
Mr. Levinson stated the Diamond and Emerald sponsorships may change
from year to year and asked if there is any provision to this on the number of
sponsorships per year. He suggested that a provision be put in the agreement to say that
the amount will be reviewed annually.
Mark Baron, President of Match Point, Inc., stated he and City staff
discussed the players, appearance fees, etc.
The City Attorney suggested adding language to the agreement that the
City can adjust the price each year for the sponsorships.
Mr. Baron stated when they get players they look to get 3, 4, or 5 players
depending on the dollar value of that player.
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10/11/05
Brief discussion between Mr. Baron, staff, and the Commission followed.
Mrs. Archer moved to approve the revised agreement between the City of
Delray Beach and Match Point, Inc., seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes;
Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote.
9.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.
Robert A. Barcinski, Assistant City Manager, stated this is a proposed
agreement with Horse Drawn Carriages, Inc. which would provide horse carriage rides
for the dates specified. The route would be along Atlantic Avenue with pick up and drop
st
off points at the Marriott Atlantic Avenue entrance to NE 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. Ten
percent of the gross revenue received would be donated to the Joint Venture to offset
cash costs for putting up the holiday tree.
Prior to the vote, Mrs. Archer stated she is opposed to having the horses
go through the heat and warmer periods of the year and normally she would prefer to
only have this happen on the holiday not for the extended period of time because of heat
involved; however, since the date has been modified to go to April 2, 2006 then she can
support at this time.
Mrs. Ellis moved to approve the agreement between the City of Delray
Beach and Horse Drawn Carriages, Inc. for a period of time from November 1, 2005
through April 2, 2006 midnight, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy –
Yes; Mayor Perlman – No; Mrs. Ellis – Yes. Said motion passed with a 4 to 1 vote,
Mayor Perlman dissenting.
9.G.WIFI SERVICES:
Status report on WiFi Services for the Atlantic
Avenue Business Community.
The City Manager stated the Commission had seen a presentation from
Global WiFi Plus, Inc. and the City Attorney’s office has been negotiating with them on
an agreement to provide service. Staff has some concerns because the free service would
be at 56k (56 thousand bits per second) and other cities in the County are going to be
providing free service at much higher speeds. Staff has visited the City of Hollywood
and tried the service being provided by JBE Technology, Inc. The Community
Redevelopment Agency (CRA) is receptive to the idea of paying capital costs with the
City covering the $300 per month cost. Therefore, staff would like to proceed in that
direction rather than going with Global WiFi Plus, Inc.
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10/11/05
It was the consensus of the Commission to allow JBE Technology, Inc. to
give a presentation regarding WiFi Services for the Atlantic Avenue Business
Community at the Workshop Meeting of October 18, 2005.
9.H.THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.I.FACILITY NAMING/FIRE-RESCUE TRAINING CENTER:
Consider a request to name the recently acquired Train Depot, located at 80 Depot
Avenue, as “The Peter L. Firehock Public Safety Training Center”, to recognize
Paramedic Peter L. Firehock.
Kerry Koen, Fire Chief, stated this is a proposal for the Commission to
consider naming the Train Depot after former Paramedic Peter L. Firehock. Chief Koen
stated Peter believed that training was a responsibility of every public safety professional
and he lived by a standard that all public safety personnel should strive for: “…Train
more, do more, prepare more”.
Mayor Perlman strongly supports memorializing Peter Firehock; however,
expressed concern over this particular location. Mayor Perlman stated he would like to
do something that is going to be there forever.
The City Manager stated there are people interested in buying the train
depot and commented that the city will need a fire training facility somewhere. He
suggested that if the facility is moved then the name should stay with the facility.
The City Manager suggested that a resolution be done for this.
It was the unanimous consensus of the Commission to support renaming
the training facility with the caveat knowing that it could move but that wherever the
facility is that it be forever memorialized with Peter L. Firehock.
9.J.SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Consider approval and endorsement of Art & Jazz on the Avenue scheduled for
December 8, 2005 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per
LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton Avenue to N.E.
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7 Avenue, the south side of Atlantic Avenue from N.E. 7 Avenue to just past the Blue
stnd
Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1 Street, and N.E. 2 Avenue
nd
from Atlantic Avenue to N.E. 2 Street (street closure will be from 3:00 p.m. to
approximately midnight); and authorize staff support for security and traffic control,
banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance,
and use/set up of City Stages.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for the Commission to endorse the next Art & Jazz on the Avenue scheduled for
December 8, 2005 from 6:00 p.m. to 10:00 p.m. and grant the temporary use permit for
the street closures and staff support as requested. The estimated overtime cost for this
event is $6,800. Barricade rental charges are estimated at $300 for private rental. Per the
new event policies Joint Venture will be required to pay 20% of charges over $1,000 plus
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10/11/05
cost of private barricade rental. The estimated total charge would be $1,460. The event
is sponsored by the Sun-Sentinel.
Mayor Perlman stepped down from the dais and passed the gavel to Vice
Mayor Levinson.
Prior to the vote, Mr. Levinson stated he is strongly opposed to supporting
the motion because he does not believe the City of Delray Beach should have a media
sponsor that fails to appropriately cover our city.
Mrs. Ellis moved to approve the special event request for Art & Jazz on
the Avenue to be held on December 8, 2005 from 6:00 p.m. to 10:00 p.m., seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson –
No; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with
a 3 to 1 vote, Vice Mayor Levinson dissenting.
9.K.SPECIAL EVENT REQUEST/HOLIDAY TREE LIGHTING:
Consider approval and endorsement of the Annual Holiday Tree Lighting to be held on
the grounds of Old School Square on November 26, 2005 from approximately 6:00 p.m.
to 9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for use and
ndst
closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 2 Avenue, SE 1 Avenue
st
from Atlantic Avenue to the alley and NE 1 Avenue from Atlantic Avenue to the alley
from approximately 4:00 p.m. to 11:00 p.m., staff assistance for traffic control and
security, EMS assistance, barricade set-up/removal, trash removal/clean up, set up/use of
the large stage and City generator.
At this point, Mayor Perlman was still away from the dais.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
Commission to endorse the Annual Holiday Tree Lighting event to be held at Old School
Square on November 26, 2005 from approximately 6:00 p.m. until 9:00 p.m. and to
approve a temporary use permit for the closure of Atlantic Avenue from Swinton Avenue
nd
to S.E. 2 Avenue. Commission is also requested to approve staff assistance for security
and traffic control, site clean up and trash removal, barricading, and EMS assistance. Mr.
Barcinski stated this is a City sponsored event with the assistance provided by the Joint
Venture for programming, promotion, and marketing. The event is sponsored by the
Sun-Sentinel.
Prior to the vote, Mr. Levinson stated he is strongly opposed to supporting
the motion because he does not believe the City of Delray Beach should have a media
sponsor that fails to appropriately cover our city.
Mrs. Ellis moved to approve the special event request for the Annual
Holiday Tree Lighting event at Old School Square on November 26, 2005 from
approximately 6:00 p.m. until 9:00 p.m., seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes; Vice Mayor Levinson – No. Said motion passed with a 3 to 1 vote, Vice Mayor
Levinson dissenting.
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10/11/05
9.L.AGREEMENT/RCC CONSULTANTS, INC.:
Consider approval of an
agreement between the City and RCC Consultants, Inc. in the amount of $162,960.00,
plus travel, lodging, or other applicable out-of-pocket expenses regarding the rebanding
of the 800 MHz System as mandated by the Federal Communications Commission (FCC)
due to interference from Nextel in the 800 MHz range. It is expected that the City will
recoup the fees from Nextel.
At this point, Mayor Perlman returned to the dais.
Brian Shutt, Assistant City Attorney, stated this agreement is with RCC
Consultants, Inc. and concerns the rebanding that will need to take place because of the
conversion due to the interference from Nextel in the 800 MHz range. RCC shall
perform services listed in the attached statement of work through paragraph 4.7, which
shall basically encompass obtaining an inventory and baseline of the current system and
the development of a rebanding plan as well as an estimate of the costs of the 800 MHz
rebanding effort in order to submit to Nextel. It is expected that the city will recoup these
fees from Nextel.
Ms. McCarthy inquired as to who uses Nextel. The City Manager stated
the Police Department and the Building Department uses Nextel services.
Mr. Levinson stated Boca Raton and Boynton Beach share the same hub
as Delray Beach and asked if Boca Raton and Boynton Beach are entering into an
agreement. He feels the City of Delray Beach should not be doing this without having
some consultation with these two partners.
Mr. Shutt stated he spoke to Captain Davis and believes that RCC is in
discussions with Boca Raton and Boynton Beach as far as getting to the point where
Delray Beach is at now.
Mrs. Archer moved to table, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion to TABLE passed with a 5
to 0 vote.
9.M.RESOLUTION NO. 83-05:
Consider approval of Resolution No. 83-05
and Cable Franchise Transfer Agreement authorizing the transfer of the cable franchise
from Adelphia to Comcast.
The caption of Resolution No. 83-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE SALE AND ASSIGNMENT OF THE NATIONAL
CABLE ACQUISITION ASSOCIATES, L.P. AND
ADELPHIA CABLE PARTNERS, L.P. (“ADELPHIA”)
CABLE TELEVISION FRANCHISES (“FRANCHISES”),
TO CABLE HOLDCO EXCHANGE II, LLC (“CABLE
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10/11/05
HOLDCO II”), A SUBSIDIARY OF TIME WARNER NY
CABLE LLC (“TWNY”) AND THE TRANSFER OF
CONTROL OF CABLE HOLDCO II FROM TIME
WARNER CABLE INC. (“TWC”) TO PARNASSOS,
L.P. (“PARNASSOS”), A SUBSIDIARY OF COMCAST
CORPORATION (“COMCAST”); OR, IN THE
ALTERNATIVE DENYING THE CITY’S APPROVAL
OF THE TRANSACTIONS DUE TO PROPOSED
TRANSFEREE’S FAILURE TO COMPLY WITH
CERTAIN CONDITIONS PRECEDENT.
(The official copy of Resolution No. 83-05 is on file in the City Clerk’s
Office.)
Ila Feld, Attorney with Lebowitz and Associates, stated this is a resolution
for the transfer of the cable franchise with the City of Delray Beach from Adelphia Cable
to Comcast. Ms. Feld stated if this resolution is approved, she will send the agreement by
certified mail tomorrow with a Notice of Adoption of Resolution.
Mr. Levinson moved to approve Resolution No. 83-05 and Franchise
Transfer Agreement, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy –
Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote.
9.N.RESOLUTION NO. 74-05:
Consider approval of Resolution No. 74-05
nd
authorizing the City to purchase property generally located on N.E. 2 Avenue, just
North of East Atlantic Avenue to provide land for a downtown park; and Contract for
Sale and Purchase between the City and the Delray Beach Community Redevelopment
Agency in the amount of $6,500,000.00.
The caption of Resolution No. 74-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF
DELRAY BEACH, FLORIDA; AND AN EFFECTIVE
DATE.
(The official copy of Resolution No. 74-05 is on file in the City Clerk’s
Office.)
- 24 -
10/11/05
Mayor Perlman declared a Conflict of Interest and passed the gavel to
Vice Mayor Levinson and left the dais.
Mrs. Archer moved to approve Resolution No. 74-05, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr.
Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0
vote.
9.O.SIXTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY (CRA):
Consider approval of the Sixth Amendment
to the Block 77 Contract between the Community Redevelopment Agency (CRA) and
Block 77 Development Group, L.C. to preserve the City’s right of reverter of its current
parking, if the parking lot on Block 69 is not completed within twelve (12) months of the
date of the permit; and allows the City the option to proceed against the surety for the
completion of the garage.
Mayor Perlman declared a Conflict of Interest and passed the gavel to
Vice Mayor Levinson and stepped down from the dais.
Ms. McCarthy moved to approve the Sixth Amendment to the Block 77
Contract between the Community Redevelopment Agency (CRA) and Block 77
Development Group, L.C., seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes;
Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote.
9.P.THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
9.Q.OFFER OF JUDGMENT IN PETERS v. CITY OF DELRAY
BEACH:
Consider making an Offer of Judgment in the amount of $7,501.00 in Peters v.
City of Delray Beach.
Ms. McCarthy stepped away from the dais.
Mrs. Archer moved to approve the Offer of Judgment in the amount of
$7,501.00 in Peters v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call
the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer
– Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote.
9.R.SETTLEMENT OFFER IN JUDKINS v. CITY OF DELRAY
BEACH:
Consider a Settlement Offer in the amount of $40,000.00 in Judkins v. City of
Delray Beach. Staff recommendation is acceptance.
At this point, Ms. McCarthy was still away from the dais.
- 25 -
10/11/05
Mrs. Archer moved to approve the Settlement Offer in the amount of
$40,000.00 in Judkins v. City of Delray Beach, seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs.
Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote.
9.S.APPOINTMENT TO THE CIVIL SERVICE BOARD:
Appoint one
(1) alternate member to the Civil Service Board for an unexpired term ending July 1,
2006. Based upon the rotation system, the appointment will be made by Mayor Perlman
(Seat #5).
At this point, Ms. McCarthy returned to the dais.
Mayor Perlman stated he would like to defer his appointment to the next
regular meeting of October 25, 2005.
9.T.APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD:
Appoint one (1) regular member to the Site Plan Review and
Appearance Board for an unexpired term ending August 31, 2006. Based upon the
rotation system, the appointment will be made by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Mark Gregory as a regular member to the
Site Plan Review and Appearance Board for an unexpired term ending August 31, 2006,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis
– Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman –
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:30 p.m., the Commission moved to Item 12,
First Readings.
12.FIRST READINGS:
12.A.ORDINANCE NO. 73-05:
An ordinance amending Chapter 32,
“Departments, Boards, and Commissions”, by enacting Sections 32.60 et seq creating a
Police Advisory Board. If passed, a public hearing will be scheduled for October 25,
2005.
The caption for Ordinance No. 73-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, “DEPARTMENTS,
BOARDS AND COMMISSIONS”, BY ENACTING A
NEW SUBHEADING ENTITLED “CITY OF DELRAY
BEACH-POLICE ADVISORY BOARD” AND
ENACTING SECTIONS 32.60 ET SEQ, CREATING A
POLICE ADVISORY BOARD; PROVIDING FOR THE
ESTABLISHMENT; PURPOSE; COMPOSITION;
APPOINTMENT; QUALIFICATIONS OF MEMBERS;
- 26 -
10/11/05
DUTIES AND RESPONSIBILITIES; AND MEETINGS
OF THE POLICE ADVISORY BOARD; PROVIDING A
SAVING CLAUSE; GENERAL REPEALER CLAUSE;
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 73-05 is on file in the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 73-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
– Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis -
Yes. Said motion passed with a 5 to 0 vote.
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 the Neighborhood Advisory Council has been
added to the Courtesy Notice Mailing List that the Planning and Zoning Department uses.
With regard to a concern expressed about newsracks during hurricanes,
the City Manager stated the current City ordinance on newsracks requires that they weigh
a minimum of 125 pounds to avoid becoming a hazard in severe weather. Also, the City
Manager stated modular newsracks must be secured to a concrete pad. He stated the
Code of Ordinances Section 102.43(K) requires that newsracks be “secured to the ground
or placed in such a manner that the newsrack is parallel to the ground” in the event of a
hurricane warning. During hurricane preparation, Code Enforcement staff will inspect
newsrack locations to insure compliance.
The City plans to resume opening the Courthouse Garage on November
rd
3 (Thursday, Friday, and Saturday evenings) from 5:00 p.m. – 3:00 a.m. or until the last
car leaves after 11:00 p.m.
The two combat challenge teams (one men’s team and one women’s team)
from the Fire-Rescue Department will be leaving Friday to compete in the national
competition in Atlanta this Saturday and Sunday. The woman’s team is now ranked first
in the US Southeast region. Both teams also qualified and will be participating in the
World Competition to be held in Deerfield Beach the first week in November.
- 27 -
10/11/05
13.B.City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C.City Commission
13.C.1.Mrs. Archer
Mrs. Archer stated there is small section of the Woodlake subdivision
where there are Australian Pines. She stated these trees are very tall and very close to the
power line. Mrs. Archer suggested that since these trees are considered foreign species
that they be removed prior to another storm.
Secondly, she stated as you come east on Atlantic Avenue under the I-95
overpass the median is an eyesore. Mrs. Archer stated the plant life is dead and there is a
lot of trash and asked that this area be cleaned up.
13.C.2.Mrs. Ellis
Mrs. Ellis stated she had the opportunity to serve food with Commissioner
Levinson at the Multi-Cultural Festival. She stated the festival was very enlightening, the
attendance was good, and the food was good.
13.C.3. Ms. McCarthy
Ms. McCarthy stated Gertrude Green who was a City activist and one of
the originators of Frog Alley passed away. In addition, Ms. McCarthy stated Ms. Green
was the original founder of the South Branch of the NAACP for the City of Delray Beach
and was also a realtor.
Secondly, Ms. McCarthy stated Ms. Wesley and Ms. Hill directed,
produced, and wrote a play that was presented at the Old School Square venue this
weekend. They use a multitude of citizens who volunteer in their plays and address
issues through culture, art, and the plays. Ms. McCarthy thanked Ms. Wesley and Ms.
Hill and stated it was very entertaining.
13.C.4.Mr. Levinson
Mr. Levinson stated with regard to Mr. Franciosa’s comments about
making a presentation on Election Reform, Mr. Levinson stated it is now a moot point
and he is not interested in this.
The City Manager stated he answered Mr. Franciosa’s letter and informed
him that under the Commission rules that if three Commissioners ask to place the
presentation on the agenda then staff will do so.
- 28 -
10/11/05
Mr. Levinson commented about an email he received today from Nancy
Stewart who succeeded in getting the Garlic Festival on the Food Network.
13.C.S.
Mavor Perlman
Mayor Perlman thanked Carolanne Kucmerowski, Acting City Clerk for
running a nice meeting.
Secondly, he welcomed the new Assistant City Manager Doug Smith.
Mayor Perlman commented about the email from Mae Volen which
praised City staff and he is very excited about the partnership with Mae Volen.
He stated he had the opportunity to speak to Lieutenant Crelin who has
been stationed in the Gulf Coast for the last couple of months and suggested that the City
of Delray Beach give him a hero's welcome.
Mayor Perlman stated he spoke to Fred Glass regarding Johnny Pun's
family and the school. They are well under way in trying to raise funds and awareness
and Mayor Perlman suggested that a copy of the proclamation Johnny received in May
2003 be framed for his family and one for the school.
He commented about the in-lieu parking fees and suggested looking at
changing the fees in zones.
Mayor Perlman stated the Commission represents all the residents in the
community. He stated what Delray Beach has been about for the last 20-30 years is
about breaking down racial, geographic, ethnic and religious barriers, and living as one
community. Mayor Perlman stated he is not interested in hearing PROD's districting
proposal presentation. He stated he does not see where it is more democratic to be able to
vote for one Commission and a Mayor versus voting for all five.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:51 p.m.
~ 'D. ~\~,U'-)
City Clerk
ATTEST:
r--
~O~~
- 29-
10/11/05
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on October 11, 2005, which Minutes were formally approved and adopted by the City
Commission on November 1, 2005
~ S'J. ~\L~
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.
~
- 30-
10/11/05
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-:;OUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
L NAME-f'IRST NAME-MIOOLE NAME
Perlman, Jeffre L.
MAlUNG ADDRESS
71 Delra Lakes Drive
CITY
COUNTY
NAME OF BOARD. COUNal, COMMISSION, AUTHORny. OR COMMITTEE
Delra BeachCit Commission
lHE BOARD. COUNCIl.cot..tMtSSION. AUllKlRIlY OR COMMOTEE ON
WHICH I SERVE IS A UNIT OF:
1) CITY 0 COUNTY a OTHER lQCAl AGENC'(
NAME OF POUT1CAl SUBOMSION;
City of Delray Beach
DATE ON WllICtI VOTE QCCURREQ
10/11/05
JKt. POSmON IS:
l1li ElEC1NE
Q Al'l'OlNTlVE
WHO MUST FILE FORM 88
T11ls fann is for use by any person serving at the county, city, or other local level of government on an appointed or eleCted board, council.
commission. authority, or committee. It applies equally to members of advisooy and non-advisory bodies who are presented witll a voting
oonlflCl of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vaoy greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the. instructions on this fann beiore
completing the reverse side and filing the fann.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
arson holding electlve or appointive county. municipal, or other Iocai public office MUST ABSTAiN from'vating on a measure which
as to his or her special private gain or iass. Each elected or appointed local officer also.15 prohibited from knOwingly voting on a mea- .
. sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained Concluding the
parent organization or subsidiaoy of a corporate principal by which he or she is retained): to the speciai 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 See. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a ane-acre. one-vote basis are not prohibite(jlrom voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father. mother, son, daughter, husband, wife, brother, sister. father-ilHaw.
mother-in-law. son-ln-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 listed on any national or regionaislock exchange).
.
.
.
.
.
.
.
ELECTED OFFICERS:
In addition 10 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 filing this form with the person responsible for recording the min-
utes of the meeting. who should incorporate the form in the minutes.
.
.
.
.
.
.
APPOINTED OFFICERS:
~ you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you
,t disclose'the nature of the conflict before making any attempt to influence the decislolT, whether orally or in writing andwhelller ma(je
IOU or at ,your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILLm:
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
rninules of the meeting, who will incorporate the fann in the minutes. (Continued on other side)
CEFORM8B-EFF.ll2OOO ITEM 9. N PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the. torm. must be provided immediately to the other members of the agency.
. The fann must be read pubrlCly at the next meeting after the fann is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISiON EXCEPT BY DiSCUSSION AT THE MEETING:
You must disdose orally the nature of your conftict in the measure before participating.
. You must complete the fann and file it within .15 days after the vote occurs with the person responsible for recording the rninutes of the
meeting, who must incorporata the fann in the minutes. A copy of the fann must be provided immediately to the other members of the
agency, and the tonn must be read publicly at the neld meeting after the tonn is filed.
I,
".Jeffrev L. Perlman
DISCLOSURE OF LOCAL OFFICER'S INTEREST
10/11
, hereby disclose that on
,20~:
(a) A nieasure came or wUl come bei0r8 my agency which (check one)
Inured to my special private gain or loss:
lnured to th8 special gain or losll of 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 special gain or losll of
is the parent organization or subsidiary of a principal which has retained me.
Dian::l Co1onnR
,by
I W(dch
(b) The measure befor&myagency and the nature of my conIlicllnginterestln the measure is as fOlloWs:
Diane Colonna, my wife; is Director of the Community Redevelopme#t Agency -(CRA).
I have a. conflict voting on items that directly affect ,the Cammuni~y
Redevelopment Agency.
10/11/05
Date Flied
NOTICE.: UNDER PROVISIONS OF FLORIDA STATUTES !i112.317.A FAlLURE 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
CML PENALTY NOT TO EXCEED $10,000.
ce FORM 88 - EFF. 1/2000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME-FlRST NAME-MIODLE NAME
rerlman, Jeffre L.
MAlUNG AllORESS
971 Delra Lakes Drive
, Cl1Y
COUNTY
NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE
Delra BeachGit Commission
TIE 1lO,'\RO. C()UNCIL. COMlotlSSlON, AUlHOR1TY OR COUMrlTEE ON
WHICH I SERVE IS A UNIT OF:
Xi Cl1Y Q COt.Om' Q OrnER L<JCAL AGl!HCY
NAME OF POU1lCAL. SUBOMSIQN:
City of De1ray Beach
t DATE ON WHICH VOTE QCCURREO
10/11/05
IlYPosmON IS'
l1li ELECllVE
Q APPOlNTIVE
WHO MUST FILE FORM 88
This fann is for use by any person serving at the county, city, or other local level of government on an appointed or aleCted board, council,
commission, authority, or committee. it applies equally to members of advisooy and non-advisory bodies who are presented with a voting
oonflict of interest under Section 112.3143, Florida Statutes.
YaurresponsibUities under the law when laced with vollng on a measure in which you have a conflict of interest will vaoy greaUy dependillg
on whether .you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this' fann before
completing the reverse side and filing the fann.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
>arson holding elective or appointive county, municipal, or other local public office MUST ABSTAiN from voting on a measure which
'BS to his or her special private gain or loss. Each elected, or appointed local officer also.15 prohibited lrom knOwingly voting on a mea-.
, ou,e which inures to the speciai gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiaoy 01 a corporate principal by which he or she is retained): to the speciai private gain or iass 01 a relative; or
to the special private gain or loss of a business associate. Commissioners. of community redevelopment. agencies under See. 163.356 or
163.357, F.S., and officers 01 independent special tax districts elected on a ane-acre, one-vote basis ate not prohibned from voting 10 tIlat
capacity.
For purposes <if this law. a "relative" includes only the officer's father, mother, son, daughter, husband, wile, brother, sister, father-in~aw,
mother-in-law, son-In-law, and daughter-in-law. A .business associate. means any person or entity engaged in or caroying on a business
enlerprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not Ilsted on any national or regional stock exchange).
.
.
.
.
"
"
.
"
.
"
.
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature 01 your intarest in the measure on which you
are abstaining from voting: and
WITHiN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes <if the meeting, who should Incorporate the fann ill,the minutes.
.
.
"
"
.
"
.
"
"
APPOINTED OFFICERS:
Although you mUst abstair) from voting in the situations described aboVe, you otherwise may participate ill these matters. However, you
r--.. disclose -the nature of the conflict before making any attempt to influence the decision; whether orally or in wiitlng arldwhather maste
fOU or at your direCtlon.
If YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
" You mustcomplete and file this form (before making any attempt to influence the decision) with the person responsible for record"lngthe
miflUtes <if the meeting, who will il1COljlOrate the form in the minutes. (Continued on other side)
Cl; FORM 88 - EFF. 112000
ITEM 9.0
PAGE 1
APPOINTED OFFICERS (contInued)
. A copy of the tcxm mustbe provided irnme<flalely to theolher rnet11llE.rs of the agency.
The form must be read pubncly at the next nieeting after thll form is filed.
IF YOU MAKE NO ATTEMPT TO iNFLUENCE THE DECISiON EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file It within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeling, who must Incorporate the form In the minutes. A copy of the fann must be provided immediately to the other members of 100
agency, and the form must be read publicly at the next meeting after the form is filed.
I,
.Jeffre.v I.. Perlm:;an
DISCLOSURE OF LOCAL OFFICER'S INTEREST
10/11
, hereby disclose that on
,20~:
(8) A measure ClIloo or wlllc:ome before my agertcy Which (check one)
Inured to my speciai private gain or loss;
.Inured to th8 special gain or loss of 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 thespllCial gain or loss of .
is the panant organlzation or subaidiaoy of a ptincipai Which has retained me.
Di;=tn::l Colonn:l
,by
; w\1ich
(b) The """"""" befor8my agency and the natoreof my conllicling interest in the measure is as folloWs:
Diane Colonna, my wife, is Director "fthe Community Redevelopment Agertcy {CRA}.
I .have Ii conflict voting on items that directly affect the Cammu;'ity
Redevelopment Agency.
10/11/05
oate FUed
NOTICE; UNDER PROVISiONS OF FLO.RIDA STATUTES ~112.317,A FAILURE TO MAKE ANY REQUIRED DISCl:OSURE
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 SAl..AR.Y, REPRiMAND, OR A
CiVIL PENALTY NOT TO EXCEED $10,000.
CE FORM ee - EI'F. 1/2000
PAGE 2