Loading...
05-16-06 Minutes Reg Commissioner Jeff Perlman MAY 16, 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:02 p.m., Tuesday, May 16, 2006. 1. Roll call showed: Present - Commissioner Rita Ellis Commissioner Fred Fetzer Commissioner Jon Levinson Commissioner Brenda Montague Mayor Jeff Perlman Absent - None 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 Pastor Sharon Austin with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.AGENDA APPROVAL. Mr. Levinson moved to approve the Agenda, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. 5.APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of May 2, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with a 5 to 0 vote. Mrs. Ellis moved to approve the Minutes of the Special/Workshop Meeting of May 9, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. 05/16/06 6. PROCLAMATIONS: th 6.A. St. Vincent Ferrer Catholic School - 50 Anniversary Mayor Perlman read and presented a proclamation hereby proclaiming th 2006 as St. Vincent Ferrer Catholic School’s 50 Anniversary Celebration. In addition, Mayor Perlman presented Sister Mary Clare Fennell with a plaque. Sister Mary Clare came forward to accept the proclamation and expressed her gratitude and appreciation to the Commission. 6.B.National Clean Beaches Week – June 29 - July 5, 2006 Mayor Perlman noted this proclamation will be mailed. 7.PRESENTATIONS: 7.A.Florida Atlantic University’s Hometown Tour – Dr. Kristen Murtaugh, Vice President of the John D. McArthur FAU Campus Dr. Kristen Murtaugh, Vice President of the John D. McArthur FAU Campus, gave a brief presentation regarding the John D. McArthur FAU Campus. Lee Collier, Assistant Director of Alumni Relations, gave a brief video presentation. Mark Hansen, Palm Beach County School Board member and 1993 FAU graduate thanked the Commission for the opportunity to be present this evening and stated he is a proud graduate of FAU. He stated FAU has opened up endless opportunities for him and appreciates the support from the City Commission and members of the community. Dr. Leslie Terry, Associate Dean for the Schmidt College of Science at FAU, stated FAU has the best students and faculty, the best resources that are unimaginable to most universities, the best community support and partners. She thanked the Commission for welcoming them to the Commission meeting and extended an invitation for those who would like a tour of the University. Pablo Piaz, Director of Corporate and Investor Relations for the GO Group and 2003 FAU Graduate, thanked the Commission for allowing them to give this presentation and briefly shared what FAU has meant to him in his life. He stated he was able to achieve success both personally and professionally regardless of his place of origin, religion, or race because of FAU. - 2 - 05/16/06 Dr. Kristen Murtaugh stated one of the themes through FAU’s new strategic plan is the strong relationship with the community. At this point, Lee Collier presented gifts to the Commission. 7.B.“Spotlight on Education” – Kathy Weigel, Principal of Atlantic High School Dr. Kathy Weigel, Principal of Atlantic High School, stated Atlantic High has had a wonderful year and noted that the new building is remarkable. Dr. Weigel stated they have now taken the partnership with the City of Delray Beach nationally this year when they speak throughout the country about not only the school but the city, the restructuring they have done in the instructional program, and the strengths of the program they have currently. Dr. Weigel stated as of last week, Atlantic High School is th the 25 best high school in the nation as rated by Newsweek Magazine and the Washington Post. Dr. Weigel stated they have gone on the road with Commissioner Levinson who has talked about the business partnerships with the city as its business. David Youngman, International Baccalaureate (IB) Coordinator for Atlantic High School, stated there are approximately 1,000 schools worldwide that are able to offer students not only a regular high school diploma but an international th baccalaureate diploma. He stated as of last year, Atlantic High School was the 30 largest IB school in the world. Mr. Youngman stated students participated at FAU in the Junior Engineering and Technical Societies Teams Competition and in this competition students are asked to work in a team of eight solving world engineering problems. He stated the Varsity Team finished fourth in the nation, the Junior Varsity finished fifth and both finished as the second best team in the state. Mr. Youngman introduced the following students who participated at FAU in the Junior Engineering and Technical Societies Teams Competition: Varsity Team Junior Varsity Team Thomas Grothe Rumen Iordonov Katherine Hu Adi Krishnaprasad Michael Jezierny Adrei Kamalov Jeanette Polcz Yoel Roth Tashfiq Salam Michelle Zipperstein Adam Sorrin Daniel Southern Stephanie Wu Russ Williams, Assistant Examiner for the International Baccalaureate Program, stated recently a group of students participated in Florida’s Commissioners Academic Challenge held at the Contemporary Resort at Walt Disney World. Mr. Williams stated this is an academic competition involving schools throughout Florida to be a forum of academic excellence of the schools in Florida. He stated Atlantic High School represented Palm Beach County and finished third in the state out of all the large schools (19) that participated. Mr. Williams introduced the participating members from - 3 - 05/16/06 the Commissioners Academic Challenge Team that finished third: Rachel Goldberg Christina Lee Michael Jezierny Lee Marmor Andrei Kamalov Julian Zlatev Mr. Williams also introduced the National Honor Society (Mu Alpha th Theta) who participated in a competition the week before and finished 18 in the state: Naraj Borie Amit Mandalia Yimin Chen Fabian Mohammadzadeh Marc Hendel Ming-Da Qu Rumen Iordonov Nikhil Shankar Michael Jezierny Adam Sorrin Andrei Kamalov Brian Williams Laser Kaplan George Ling Dr. Weigel recognized the parents of the above named students along with the Valedictorian and the Salutatorian. Jeff Rasor, Delray Beach Police Officer and Director of the Criminal Justice Academy at Atlantic High School, introduced the following individuals who briefly explained some of their achievements. Stephanie Valez, President of the Florida Public Service Association, read a statement into the record regarding her experience in the Criminal Justice Academy at Atlantic High School. At this point, an Administrator Officer with the Criminal Justice Program at Atlantic High School came forward to thank Dr. Weigel, Captain Milenkovic and Officer Rasor for all they have done for this program. Jerry Crocilla, Atlantic High School Career Academy Coordinator, recognized the parents and gave a special thanks to Mr. and Mrs. Robinson who donated a fax machine to the Criminal Justice Academy at Atlantic High School which helped th them place 5 in the state at their annual event. Dr. Weigel stated the other piece of the Leadership Academy is the ROTC under retired Lieutenant Colonel James Rodriguez. Lieutenant Colonel James Rodriguez, ROTC, thanked the City of Delray Beach for their support and stated the biggest achievement was to come up with a community service project that would provide something real and meaningful. He stated they developed a peer reading program where they went to three elementary schools and - 4 - 05/16/06 taught 75 fifth graders how to be peer reading tutors to second and third graders. He stated they are hopeful to expand this and try to make a big impact on the students’ reading ability before they get to high school. 7.C.High Academic Performance Students – Atlantic High School Debra Kaiser, Chair of the Education Board for the City of Delray Beach, thanked Adam Sorrin for serving on the Education Board in addition to being Salutatorian. Ms. Kaiser stated in January the members of the African American Education Alliance and Governor Jeb Bush honored community leaders, students, teachers and administrators who helped close the educational achievement gap between minority students and others at the 3rd Annual Martin Luther King Day Celebration. Nominees were received from all 67 Florida school districts and Governor Bush noted “equality is a dream big enough to share with everyone who believes in it”. Ms. Kaiser stated as citizens and a parent everyone is delighted that Dr. Kathy Weigel was awarded the school administrator of the year distinction by the African American Education Alliance. Ms. Kaiser presented a plaque to Dr. Kathy Weigel commemorating this honor and donated two books on African American history to the Atlantic Community High School library in her name. 7.D.Julie Harris – 2006 High School Poster and Essay Contest Winner Mayor Perlman stated Julie Harris (student at Atlantic High School) wrote an essay and is the winner of the National Association of Realtors Fair Housing Poster and Essay Contest. Mayor Perlman read the essay “There’s No Place Like Home” written by Julie Harris into the record and presented her with a Special Recognition Award Certificate. Julie Harris came forward to accept her certificate and thanked the Commission for giving her the opportunity to get involved in the community. 7.E.Awards Presentation – Historic Preservation Month Poster Contest Amy Alvarez, Historic Preservation Planner for the City of Delray Beach, th stated this year the City of Delray Beach held its 4 Annual Historic Preservation Month Poster Contest. This year’s theme was “Sustain America: Vision, Economics and Preservation” and staff received a total of 12 posters from two local schools. The Historic Preservation Board reviewed the submittals and selected the winners on May 3, 2006. Mrs. Alvarez presented the following winners with certificates: rdth 3 Place – Tom Jenkins, American Heritage – 12 Grade ndth 2 Place – Randon Casey, American Heritage – 10 Grade stth 1 Place – William Harris, Atlantic High School – 12 Grade (also received a $500 savings bond) - 5 - 05/16/06 8.CONSENT AGENDA: City Manager Recommends Approval. 8.A.FINAL SUBDIVISION PLAT APPROVAL/MARK DOWN TOWN PLAT: Approve the subdivision plat for Mark Down Town, a mixed-use development, ndst located on the southeast and southwest corners of S.E. 2 Street and S.E. 1 Avenue. 8.B.FLORIDA COMMUNITIES TRUST (FCT) GRANT/WESTERN SENIOR/ COMMUNITY CENTER: Authorization to apply for a Florida Communities Trust (FCT) Grant in the amount of $2,200,909.05 for land purchased for the site of the Western Senior/Community Center. th 8.C.SPECIAL EVENT REQUEST/4 OF JULY: Approve a special event th request for the 4 of July Celebration event to be held from noon until 12:00 midnight, including a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic th Avenue from the east side of N.E./S.E. 6 Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard. 8.D.RESOLUTION NO. 21-06 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/1127 NASSAU STREET): Approve a tax exemption request for eligible improvements to 1127 Nassau Street, located in the Nassau Park Historic District; and approve Resolution No. 21-06. The caption of Resolution No. 21-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO GEORGE G. SIDDALL, JR. & CATHY APPLETON FOR THE HISTORIC REHABILITATION OF PROPERTY LOCATED AT 1127 NASSAU STREET, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH THE LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1 (M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 21-06 is on file in the City Clerk’s office.) 8.E.BASELINE BUDGET SUBMISSION/CHILDREN’S SERVICE COUNCIL (CSC)/BEACON CENTER AT VILLAGE ACADEMY: Approve authorizing staff to submit the baseline budget funding request for Fiscal Year 2006/07 to the Children’s Service Council of Palm Beach County in the amount of $853,075.00 for the program and services associated with the Beacon Center at Village Academy. - 6 - 05/16/06 8.F.SERVICE AUTHORIZATION NO. 2.0/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 2.0 to Kimley-Horn and Associates, Inc. in the amount of $23,558.00 for schematic site plan work to develop the new soccer complex at the former Atlantic High School site. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer Complex). 8.G.ITEM REMOVED FROM AGENDA. 8.H.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 1, 2006 through May 12, 2006. 8.I.SPECIAL EVENT REQUEST/2006 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2006 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on June 10 and 11, 2006. 8.J.CHANGE ORDER NO. 2 (CONTRACT CLOSEOUT)/FINAL PAYMENT/INTEGRITY WELL & PUMP COMPANY: Approve Change Order No. 2 (Contract Closeout) in the amount of a $10,820.66 decrease and final payment in the amount of $17,073.97 to Integrity Well and Pump Company for completion of the Aquifer Storage and Recovery Facility Rehabilitation Project. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair/ Maintenance Costs). 8.K.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/ALMAZAN BROTHERS: Approve Change Order No. 1 (Contract Addition) in the amount of $34,928.00 to Almazan Brothers to the Royal Palm Drive Road Reconstruction Project for the clearing of underbrush and nuisance trees at the Western Senior/Community Center site. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western/ Senior Center). 8.L.RESOLUTION NO. 27-06: Approve Resolution No. 27-06 amending Resolution No. 72-05 and Resolution No. 18-06, FY 2005-2006 Budget Adoption. The caption of Resolution No. 27-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 72-05 ADOPTED SEPTEMBER 20, 2005, AND RESOLUTION NO. 18-06 ADOPTED APRIL 18, 2006 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2005/2006, BY SETTING FORTH THE ANTICIPATED REVENUES AND - 7 - 05/16/06 EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2005/2006; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 27-06 is on file in the City Clerk’s office.) 8.M.ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to submit a grant application to the South Florida Water Management District (SFWMD) for supplemental funding for the construction of the City’s Area 4 Reclaimed Water Transmission System. 8.N.DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $50,000.00 for 2455 Lindell Boulevard #3206. This brings the number to 170 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner Subsidy). 8.O.AWARD OF BIDS AND CONTRACTS: 1. Purchase award to National Waterworks, Inc. in the amount of $65,036.70 for water main pipe materials for the Lake Ida Water Main Project. Funding is available from 442-5178-536-65.98 (Water/Sewer Renewal & Replacement Fund/Water Main/Lake Ida Area). 2. Contract award to JMW Construction Corporation, Inc. in the amount of $15,000.00 for the addition of concrete slabs for transit bus shelters #19 and #20 along Atlantic Avenue and shelters #33, #34, and #38 along Congress Avenue to accommodate handicap access and shelter trash cans. Funding is available from 334-3162- 544-65.70 (General Construction Fund/Transit Stop Bus Shelters). 3. Contract award to REP Associates, Inc. in the amount of $15,840.00 for professional services for the Mold Remediation Project at the north wing of City Hall. Funding is available from 001-2911-519-31.90 (General Fund/Other Professional Services). 4. Contract award to REP Associates, Inc. in the amount of $12,184.00 for professional services for the Mold Remediation Project at the Municipal Golf Course Clubhouse. Funding is available from 001-2911-519-31.90 (General Fund/Other Professional Services). 5. Purchase award to SunGard HTE, Inc. in the amount of $16,910.00 for the purchase of Procurement Card Software to streamline the - 8 - 05/16/06 recording of purchasing card transactions into the General Ledger for the Finance Department. Funding is available from 001-1511- 513-66.10 (General Fund/ Software). Mrs. Ellis moved to approve the Consent Agenda, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes. Said motion passed with a 5 to 0 vote. Item At this point, the time being 6:55 p.m., the Commission moved to 9.E. of the Regular Agenda. 9.E.LEASE AGREEMENT/FIRST PRESBYTERIAN CHURCH: Consider approval to renew the parking lot lease agreement with First Presbyterian Church for a five (5) year period. At this point, Mr. Levinson stepped away from the dais. The City Attorney stated the City of Delray Beach has a lease with the First Presbyterian Church of Delray Beach for parking and it has expired. The monthly amount is $1,280.00 which will be increased 3% per year compounded to reflect inflation. Mrs. Ellis moved to approve the lease agreement with the First Presbyterian Church for a five (5) year period, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes. Said motion passed with a 4 to 0 vote. Item 9.H., Resolution No. 25-06. At this point, the Commission moved to 9.H.RESOLUTION NO. 25-06: Consider approval of Resolution No. 25-06 authorizing the issuance of Water and Sewer Bonds in the aggregate amount of $7,000,000.00; and authorize the sale of such bonds to Branch Banking and Trust. The caption of Resolution No. 25-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING A NINTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS, SERIES 2006 (THE “BONDS”), IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,000,000 - 9 - 05/16/06 FOR THE PURPOSE OF FINANCING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF SAID BOND AND APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO BRANCH BANKING AND TRUST COMPANY; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39- 88, AS AMENDED AND SUPPLEMENTED; DESIGNATING THE BONDS AS “QUALIFIED TAX- EXEMPT OBLIGATIONS” WITHIN THE MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 25-06 is on file in the City Clerk’s office.) Mrs. Montague moved to approve Resolution No. 25-06, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. 9.I.FEDERAL AVIATION ADMINISTRATION (FAA)/TERMINAL RADAR APPROACH CONTROL (TRACON): Consider approval of authorizing the Mayor to send a letter to the Federal Aviation Administration (FAA) expressing the City’s concern regarding the FAA’s decision to move Palm Beach International Airport’s (PBIA) Terminal Radar Approach Control (TRACON) to Miami International Airport. At this point, Mr. Levinson returned to the dais. The City Manager stated the City was contacted by an area resident about the FAA’s decision to move Palm Beach International Airport’s (PBIA) Terminal Radar Approach Control (TRACON) to Miami International Airport. He stated staff shares the concern that was expressed that in the case of a hurricane damaging that facility, the entire South Florida area would be without radar controls. Therefore, the City Manager - 10 - 05/16/06 stated this is not a good idea and suggested that the City support the position that this should not be done. Mayor Perlman stated this is supported by our Congressional Delegation (i.e. Congressman Clay Shaw, Congressman Mark Foley, Congressman Robert Wexler, and Congressman Alcee Hastings). Mr. Fetzer moved to approve authorizing the Mayor to send a letter to the Federal Aviation Administration (FAA) expressing the City of Delray Beach’s concern regarding the FAA’s decision to move Palm Beach International Airport’s (PBIA) Terminal Radar Approach Control (TRACON) to Miami International Airport, seconded Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10.PUBLIC HEARINGS: 10.A.ORDINANCE NO. 26-06: Privately initiated rezoning from A (Agricultural) to R-1-AAA (Single Family Residential) for the Germantown Road Subdivision, located on the south side of Old Germantown Road (3426 Old Germantown Road). Prior to consideration of passage of this ordinance on Second and FINAL (Quasi-Judicial Reading, a public hearing has been scheduled to be held at this time. Hearing) The caption of Ordinance No. 26-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURAL) DISTRICT TO R-1- AAA (SINGLE FAMILY RESIDENTIAL); SAID LAND BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF OLD GERMANTOWN ROAD AND RABBIT HOLLOWE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-06 is on file in the City Clerk’s office.) - 11 - 05/16/06 The City Attorney read the caption of the ordinance. A quasi-judicial and 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 read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent 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 and Mrs. Montague had no ex parte communications to disclose. Mayor Perlman stated he had a brief conversation with Collen Shuman who lives nearby. Mrs. Ellis and Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-184 into the record. Mr. Dorling stated this is a rezoning of a 2.48 acre site which currently has an Agricultural Zoning designation and contains two one-story structures and the applicant desires to subdivide the property into four lots and develop single family homes under the R-1-AAA district requirements. At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with this rezoning request. Five residents from the Rabbit Hollowe and Verona Woods subdivisions had questions concerning environmental issues regarding potential contamination of the soil and water table by historic nursery uses, future rezoning requests that may seek to increase density, and access concerns from Old Germantown Road. Their primary concern of residents was the future access from Old Germantown Road and they were concerned that this future subdivision would utilize that road. After deliberating, the Planning and Zoning Board found that the required findings with respect to Section 3.2.2, 3.1.1 and 2.4.5(D)(5) of the LDR’s are met and staff recommends approval of the request. Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, stated they adopt the findings in the staff report which confirm that they have met the required findings of Section 3.1.1 and 3.2.2. They are requesting a rezoning to the most restrictive residential zoning and the proper development pattern would be to ensure that this property is zoned R-1-AAA as well and incorporate the findings in the staff report concerning LDR Section 2.4.5(D)(5). As the staff report indicates, the land use designation, development standards matrix, and the comprehensive plan and the intent of the agricultural zoning district both clearly state that the agricultural designation is often used as a holding zone. Good urban planning dictates that the zoning on this property should be consistent with the prevailing land use patterns in the area of the surrounding R-1-AAA and that the agricultural holding zone should be eliminated. Mr. - 12 - 05/16/06 Mankoff stated the Planning and Zoning Board recommended approval as does the Planning and Zoning staff. For these reasons, he urged the Commission to support this rezoning. Mayor Perlman stated if anyone would like to speak in favor or in opposition of Ordinance No. 26-06, to please come forward at this time. Mr. Fetzer moved to adopt Ordinance No. 26-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. 10.B.ORDINANCE NO. 28-06: Privately initiated amendment to Land Development Regulations (LDR) Section 4.3.3, “Special Requirements for Specific Uses” and Section 4.3.4(H)(4), “Structures Allowed in Setbacks”, to allow permanently installed generators within required setbacks and providing specific regulations for the location, operation, and buffering of permanent generators. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 28-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”, BY ENACTING A NEW SUBSECTION 4.3.3(ZZ), “PERMANENTLY INSTALLED GENERATORS”, TO PROVIDE FOR THE REGULATION OF PERMANENTLY INSTALLED GENERATORS; AND BY AMENDING SECTION 4.3.4(H)(4), “STRUCTURES ALLOWED IN SETBACKS”, TO ALLOW FOR PERMANENTLY INSTALLED GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-06 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. - 13 - 05/16/06 Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated amendment and noted that the LDR’s currently do not specifically identify generators as items that are allowed in required setbacks. Staff has been considering them a kin to air conditioners and applying a three foot maximum similar to other structures that are allowed within the required setbacks. It is noted that the newer generator models are up to 4.5 feet high, partially due to increased sound attenuation improvements, and as such are in conflict with this previous provision. On March 2, 2006, the Planning and Zoning Department received a privately initiated text amendment from Personalized Air Conditioning & Electrical, Inc. to clarify the requirements and allow these larger generators (up to 4.5 feet) within the required setbacks. During review, additional modifications suggested by staff and agreed to by the applicant have been added which delineate specific requirements that address the location, operation, and buffering of permanent generators. At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing regarding this item and there was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 7-0 to recommend approval of the proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 28-06, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 28-06 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes. Said motion passed with a 5 to 0 vote. 10.C.ORDINANCE NO. 29-06: City initiated amendment to Land Development Regulations (LDR) Section 4.3.4(K), “Development Standards Matrix”, to clarify setbacks for structures in residential districts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 29-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS”, SUBSECTION 4.3.4(K), “DEVELOPMENT STANDARDS MATRIX”, TO CLARIFY THE SETBACK FOR THE THIRD - 14 - 05/16/06 STORY OF A THREE STORY BUILDING IN RESIDENTIAL ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-06 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 ordinance is to clarify setbacks that currently exist in the code. The increased 3-story multi-family structures in the RM (Multiple Family Residential – Medium Density) and PRD (Planned Residential Development) zoning districts is to mitigate the visual impact of the additional building mass on surrounding properties. As currently written, there is some confusion as to whether the increased setbacks apply to the entire structure or to the third story component only. A building that is only one or two stories in front and 3 stories in the rear does not have the same impact at the front property line as one which is entirely 3 stories high. The proposed amendment is to clarify this difference and apply the increased setback for 3-story buildings only to those portions of the building which are actually 3 stories in height. At its meeting of April 17, 2006, the Planning and Zoning Board considered this request. After the presentation from the Planning staff, the Board voted 7 to 0 to recommend approval of the amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 29-06, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 29-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 10.D.RESOLUTION NO. 23-06 (RELEASE OF RESERVATION IN PROPERTY): Consider approval of the release of reservation on property (225 sq. ft.), located near the corner of A-1-A and Atlantic Avenue; and approve Resolution No. 23-06 and associated Quit Claim Deed. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 23-06 is as follows: - 15 - 05/16/06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO RELEASE ANY RESERVATION THAT IT HAS IN THE REAL PROPERTY LOCATED IN THE VICINITY OF THE INTERSECTION OF ATLANIC AVENUE AND A-1-A AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 23-06 is on file in the City Clerk’s office.) The City Attorney stated this is before the Commission for a public hearing because it is a Quit-Claim deed that the City of Delray Beach is in the process of giving (if they vote to do so) to release private right of easements in certain lands. Staff recommends approval of Resolution No. 23-06. Mrs. Ellis moved to approve Resolution No. 23-06, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. Item At this point, the time being 7:10 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 concern expressed by Mrs. Finst about the number of demolitions around town leaving vacant properties and suggested that the City require a site plan before demolition occurs, the City Manager stated it is the City’s experience that we much rather be dealing with vacant land than vacant buildings. The Police report for this month talks about property on North Federal Highway that had been acquired by someone for redevelopment and the buildings had not been demolished and there are problems with vagrancy, prostitution, and drug use in those buildings. The City Manager stated the Police Department has had to take extraordinary steps to secure the buildings. With regard to a previous concern expressed by Mr. Fields about people crossing at the A-1-A crosswalks, the City Manager stated the crosswalks will be reworked as part of the work to be done on A-1-A and will start later this year or early next year. The City Manager stated there is still some debate about exactly what form the crosswalks are going to take; however, they will be improved. Also, with regard to a concern expressed about people walking across Atlantic Avenue in front of the Blue Anchor Pub, the City Manager stated pedestrians have two choices; they can either go to - 16 - 05/16/06 th the light at 7 Avenue or take the passageway underneath the bridge without having to cross the street. The City Manager stated there are ample opportunities for safely crossing the street. 11.B.From the Public. 11.B.1.John Bennett, 137 Seabreeze Avenue, Delray Beach, distributed the traditional flyer for the American Legion Annual Memorial Day ceremonies and invited everyone to attend. The ceremony will begin at 9:30 a.m. and at 12:00 noon there is a spaghetti dinner at the Post home. He also noted that the VFW is having their ceremony at 11:00 a.m. at Veteran’s Park. Mr. Bennett stated Memorial Day is to honor those who gave their lives for our nation and he read into the record Delray’s fallen. He stated these individuals were all originally from Delray Beach who left to fight in the country’s wars and fell (attached hereto is a copy and made an official part of the minutes). Item At this point, the time being 7:14 p.m., the Commission moved to 9.A. of the Regular Agenda. 9.REGULAR AGENDA: 9.A.APPEAL OF THE HISTORIC PRESERVATION BOARD’S TH DECISION ASSOCIATED WITH 112 N.E. 7 STREET: Consider an appeal of the Historic Preservation Board’s decision granting a certificate of appropriateness for new th (Quasi- construction at 112 N.E. 7 Street, located in the Del-Ida Park Historic District. Judicial Hearing) 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. The City Attorney stated she received a letter from Michael Weiner contesting whether the appeal is appropriate in that they alleged the Planning and Zoning Department made the appeal. However, it was actually the City Commission who voted to appeal it and it was the Planning and Zoning Department that made a recommendation to the City Commission. Therefore, the City Attorney stated staff believes this is not an appropriate basis to discontinue the appeal. Secondly, the City Attorney stated Mr. Weiner objected to Ms. Landry having party status. The rules say that if someone is within 500 feet of the area that you have grieve party status as a matter of right. This appellant would have standing different than those of a City-at-large because she lives in the historic district and has certain expectations of her neighborhood and others who do not live there may not. Therefore, the City Attorney stated it would be appropriate for Ms. Landry to be a party and the neighbors who joined in her appeal as well. There is also a claim that Mr. Weiner’s due process rights and his clients are affected adversely - 17 - 05/16/06 and they are requesting 40 minutes to speak. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-382 into the record. Mr. Dorling stated on April 19, 2006, the Historic Preservation Board (HPB) held its meeting and considered a Certificate of Appropriateness (COA) for the construction of a new home (4,278 square feet) totaling 3,395 under air of a two-story th single family residence located at 212 N.E. 7 Street and was approved by HPB with conditions. He stated this was the third time that this application came before the Board; the first one had received a recommendation of continuation by staff with direction to reduce the scale and mass of the structure and the last two requests had received a staff recommendation of denial. The summary of those three submissions were that the first submission was a 4,050 square foot building under air; the next submission was a 4,111 square foot building under air; and then the one that was approved was 3,395 square feet. The total building square footage was 5,280 for the first one; 5,010 for the second and 4,278 for the one that was approved. Mr. Dorling stated one of the issues that were raised was related to the width and the mass of the second story along the street face which was reduced from 40 feet to 38 feet. He stated there were some incremental but some very minute changes made in some of those criteria and staff did not feel that the applicant had gone far enough to warrant a recommendation of approval. The Lad’s identify the requirements that need to be made per Section 4.5.1(E)(4) & 4.5.1(E)(8)(a-k). The LDR sections also require consistency with the Secretary of Interior’s Standards for Rehabilitation and those findings staff was unable to make as well. He stated the emphasis is on compatibility and staff felt that this structure did not meet the massing, size, and scale of the historic district. Mr. Dorling stated there are also seven (7) Delray Beach Historic Preservation Design Guidelines which talks about compatibility comparing the massing to ones that enhance the historic setting in a historic district and staff could not make positive findings with those. Staff recommended denial with direction that the second story mass be further reduced and that the structure be predominantly one-story in design to maintain the historic character. The Board deliberated and recommended approval subject to conditions. th Warren Adams, 1020 N.W. 8 Street, Boynton Beach (expert witness) read his credentials into the record and entered his résumé into the record. He stated HPB’s approval is inconsistent with the LDR’s, the Delray Beach Historic Preservation Design Guidelines, the Secretary of Interior’s Standards, and inconsistent with its own Board’s direction of March 15, 2006. He made reference to LDR Section 4.5.1(E)(7) which states that “the construction of new buildings or structures shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building.” Mr. Adams stated it is important to note that since the replat of the six lots to four lots which was reviewed at the Historic Preservation Board meeting on June 15, 2005, it has been consistently stated to the developer that the four homes will be required - 18 - 05/16/06 to meet strict historic preservation design guidelines to ensure compatibility with respect to design, massing, and relation to the surrounding area. He stated the ruling by HPB is inconsistent with LDR Section 4.5.1(E)(7) & 4.5.1(D)(8) and is inconsistent with the Delray Beach Historic Preservation Design Guidelines, the Secretary of Interior’s Standards for Rehabilitation, and the Historic Preservation Board’s own direction of March 15, 2006. Staff urged the Commission to approve the appeal and overturn HPB’s decision. At this point, the following appellants came forward: th Robert Mannweiler, 109 N.E. 7 Street, Delray Beach (appellant who is appealing with Livia Landry, Lois Brezinski and Hayden Burrus), agrees with comments expressed by Mr. Adams and stated the home is approximately 1,000 square feet larger than the largest home in the entire district. Mr. Mannweiler stated he wants to help preserve what historic Delray Beach is all about and does not want to see this go away. Hayden Burrus, 10 N.E. 6th Street, Delray Beach, stated it has been statistically proven that this is a very large house and noted this is not just about one house. Mr. Burrus stated the neighborhood has several homes up for sale (i.e. vacant lots) and he feels people need to send a message to the Historic Preservation Board as well as people who are potentially interested in developing these properties. He stated th this is about the vacant lot on the corner of 6 and Swinton Avenue that is currently for sale and expressed concern that if this is approved there may potentially be another 4,000 square foot home proposed there. He urged the Commission to preserve the smaller homes in the historic district and preserve Delray’s history. th Lois Brezinski, 110 N.E. 7 Street, Delray Beach (lives next to the proposed development) feels that this is an opportunity for Delray Beach to show leadership not only in Palm Beach County but perhaps the state since many communities are dealing with this issue. Ms. Brezinski stated this is a matter of principle and when she bought in a historic district she wanted to live in a historic district and have the homes in the historic district all reflect the same character. She thanked the Commission for taking the initiative so far and hopes they will continue to take the initiative. Michael Weiner, 102 North Swinton Avenue, Delray Beach (representing the applicant), gave a brief history of the project and distributed booklets to the Commission for the record. Eugene A. Nowak, expert witness, included his resume in the handout provided by Mr. Weiner and gave a brief statement. Mr. Nowak stated it is a very subjective design criteria and it should be more specific. Mr. Weiner briefly reviewed the elevations (tab #7 of the booklet). He urged the City Commission to deny the appeal and support the HPB’s decision. - 19 - 05/16/06 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. Shannon Dawson, 527 North Swinton Avenue, Delray Beach, speaking as an applicant going through the process with her family stated the issue is not really the actions of the Historic Preservation Board but rather staff’s inability to adhere to current guidelines and the LDR’s since the moratorium was put into affect. She stated basically every application is getting thrown out and forced under the moratorium and applicants have to wait for the new guidelines. Ms. Dawson urged the Commission to treat everyone fairly. Julia Taylor, 225 Royal Court, Delray Beach (owns 7 properties in Delray Beach), stated she likes the project and is very saddened to see the moratorium. She stated things are getting very difficult in the historic district and noted her uncle th owns the property on the corner of N.E. 6 Street and Swinton Avenue. Ms. Taylor stated she was blessed by being allowed to build a home and a garage in the historic district. She feels there are many issues to consider as to why a garage is beneficial and urged the Commission to be fair and feels the moratorium is hurting everyone. Scott Correale, 527 North Swinton Avenue, Delray Beach, stated he has gone through this process in the last 7 months and feels there are inconsistencies occurring within the Planning and Zoning Department (i.e. the processes as well as the availability of information). He stated he along with others received guidance to move forward with what they presented and made adjustments as advised to do so and were still denied. Mr. Correale stated the only thing that is consistent is the inconsistencies going through the City right now and he urged the Commission to vote in favor of this house and other houses being built. Carolyn Patton, 1020 Tamarind Road, Delray Beach (property owner in the Marina Historic District), supports the moratorium and stated tonight has nothing to do with the moratorium because this issue went through before the moratorium. Secondly, she stated tonight is not about 527 North Swinton; however, the subject property is too massive for the historic district and she strongly supports the appeal. Ms. Patton applauded the people who have attended the meeting this evening in support of saving the historic district. th Jackie Brant, 10 N.W. 9 Street, Delray Beach, sells properties in the historic neighborhoods and part of what makes it wonderful is that the historic neighborhoods have been protected. She stated she recently sold a home in the Marina Historic District for a nice sum of money to a couple who is delighted to have a small historic home and they are not looking to tear it down or build. Ms. Brant urged the Commission to support the appeal. Mark Fields, 414 Seasage Drive #5, Delray Beach, supports the appeal; however, he expressed concern for those who are presenting their proposals this evening - 20 - 05/16/06 because he feels it is unfair to them. He stated the mandate of the HPB is to advise the City Commission and if they have not made the right choices, this does not make their decisions correct. Mr. Fields stated if there are ambiguities in the law then this needs to be corrected. He feels the rules are clear in some areas but that the real issue is the implementation of the rules. David Rosenbom, 711 North Swinton Avenue, Delray Beach, stated he works in Delray Beach and will not be able to live in his property for a very long time. He does not support the moratorium and does not feel it is the best thing for Delray Beach. He stated over the last 7 years he has witnessed good changes and this is why he wants to live here. th Hayden Burrus, 10 N.E. 6 Street, Delray Beach (party) , asked Mr. Weiner immediately prior to demolition and Mr. Spangler’s purchase of the property, how many residences were on that group of properties. In response, Mr. Weiner stated there was one residence on the six properties. th Andrew Spangler, 112 N.E. 7 Street, Delray Beach, stepped forward to the microphone to answer questions. Livia Landry, 701 North Swinton Avenue, Delray Beach, stated she lives in a contributing home where she is restricted in what she can do. She asked what will happen to the value of her home (being a contributing home that is limited to what can take place on this piece of property) when eventually she is surrounded by large scale homes. th Lois Brezinski, 110 N.E. 7 Street, Delray Beach, asked Mr. Nowak what experience he has had working in historic districts and what experience does he have working with historic design guidelines, LDR’s, and specifically the Secretary of the Interior’s Standards for working in historic districts. Ms. Brezinski stated Mr. Nowak th made the comment that 110 N.E. 7 Street is a two-story structure and she noted this is her home and it is not a two-story structure. She asked Mr. Nowak if he has ever worked in the City of Delray Beach and Mr. Nowak stated he has not. Michael Weiner, 102 North Swinton Avenue, Delray Beach, stated 711 North Swinton Avenue has an existing structure on it and asked if 711 North Swinton Avenue was an addition to a structure. Mr. Adams stated the application was for the addition to the structure. Mr. Dorling gave a brief rebuttal: Mr. Dorling stated this is not about the appellant’s home but is about compatibility of this proposal with the district as a whole. He stated staff has provided expert testimony which verifies that this is out of scale with respect to mass and scale of the neighborhood and in absence of that finding he feels the Commission should uphold - 21 - 05/16/06 this appeal. Mr. Dorling stated guidance was given to the developer to scale the project down and commented that the second proposal was actually of a greater scale than the first one. He stated the staff’s guidance was not followed and therefore a recommendation of denial was put forth. th Warren Adams, 1020 N.W. 8 Street, Boynton Beach, stated they are not saying that they do not want garages in historic areas but are saying that double garages attached to buildings are not consistent with the architectural character of the Del-Ida Park Historic area. In addition, he stated staff does not have a problem with two stories but they feel the second story should be reduced in area. Mr. Adams stated the LDR’s are very specific and new construction must be compatible with historic architecture. He stated the applicant has been before the Board several times because he has not followed direction and was specifically instructed that the square footage of the house should be compatible with the square footage of the other houses on that street not in the historic area. The following individual gave a brief rebuttal: Michael Weiner, 102 North Swinton Avenue, Delray Beach, (representing the applicant), for the record clarified that he has a printout from the th Property Appraiser’s page for Mr. Mannweiler. The address is 109 N.E. 7 Street and this two-story house (built in year 2000) covers 50% of the lot and was approved by the Historic Preservation Board (HPB). The City Manager stated the City’s records indicate that the property at th 110 N.E. 7 Street is actually 9,000 square feet (not 6,000 square feet) and that floor area th ratio is 28%. In addition, he stated 109 N.E. 7 Street is a freestanding 50 foot lot and those can be developed under the LDR’s and that house was allowed to be built on the 50 foot lot because it was separately owned. He has also seen plans for a house in a historic district where it had an attached garage but it was in the back so that the garage doors were not facing the street and in his opinion this is the issue with this particular design. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Ellis moved to approve the appeal and adopt the Board Order, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passes with a 5 to 0 vote. 9.B.RECONSIDERATION OF A CONDITION OF APPROVAL ASSOCIATED WITH A CONDITIONAL USE REQUEST/ROYAL PALM BEACH CLUB: Reconsideration of a condition of approval associated with the conditional use request to allow a free-standing multiple family development to be known - 22 - 05/16/06 as Royal Palm Club at Delray Beach in the GC (General Commercial) zoning district, located at the northeast corner of South Federal Highway and Fladell’s Way (2501 South (Quasi-Judicial Hearing) Federal Highway). 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 had no ex parte communications to disclose. Mayor Perlman stated he had no ex parte communications to disclose. Mrs. Montague stated she had a conversation with Michael Weiner. Mr. Fetzer stated he had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-040 into the record. Mr. Dorling stated this is an item that staff is bringing back to the Commission for a reconsideration of one condition of approval. He stated when this item came before the City Commission at their meeting of April 4, 2006 there were six conditions that were adopted as part of the finding. However, during the discussion, there was a relief that was sought for a separation requirement (condition #4). It was the understanding of staff that the Commission supported this although the motion that was approved did not reflect this. Therefore, when this went back to the Site Plan Review and Appearance Board (SPRAB) they took the conditions that were adopted and asked for some clarification. Mr. Dorling stated when this was presented to the Commission, staff said they supported the internal adjustment for those interior buildings and that it did not affect the adjacent neighborhoods. He reiterated that this was supported by the Commission; however, it was not reflected in the motion which said the Commission would provide the 25 feet for all buildings. The City Attorney stated this item is not for a reconsideration of a condition of approval, but is really a motion for clarification. Mr. Dorling confirmed that this is a motion for clarification. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach, stated they agree with the staff report and the refining of the conditions of approval as written by staff. He apologized for not catching this at the time the motion was made. Mr. Levinson moved to approve a substitute item Condition #4 which is listed in the staff report for the original item #4, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. - 23 - 05/16/06 9.C.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/REG ARCHITECTS, INC: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) which provides for City funding in an amount not to exceed $50,000.00 for work performed by REG Architects, Inc. to address the City’s historic districts and additional regulations. Funding is available from 001-2511-515-31.90 (General Fund/Other Professional Services). Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor Ellis and stepped down from the dais. The City Attorney stated this is an Interlocal Agreement with the CRA and the CRA has a contract with Rick Gonzalez’s firm REG Architects, Inc. and REG wants to add on the work for the historic guidelines. The work would entail a contribution from the City of Delray Beach of $50,000.00 and $50,000.00 would be paid by the CRA. Mr. Levinson moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice Mayor Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes. Said motion passed with a 4 to 0 vote. Item 9.F. of the Regular At this point, the Commission moved to Agenda. 9.F.RESOLUTION NO. 24-06: Consider approval of Resolution No. 24-06 authorizing the City to purchase property for a public parking garage, located at the stnd southwest corner of N.E. 1 Street and N.E. 2 Avenue; and Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) in the amount of $6,000.000.00. The caption of Resolution No. 24-06 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 SELLER AND THE CITY OF DELRAY BEACH, FLORIDA; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 24-06 is on file in the City Clerk’s office.) - 24 - 05/16/06 Mr. Levinson moved to approve Resolution No. 24-06, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Perlman returned to the dais and the Commission to Item 9.D. of the Regular Agenda. moved 9.D.MORATORIUM/IN-LIEU PARKING FEE REQUESTS: Consider a request from the Parking Management Advisory Board (PMAB) to impose a temporary moratorium on the approval of in-lieu of parking fee requests until modifications to the in-lieu fees are codified. Staff recommends denial. Scott Aronson, Parking Management Specialist, stated at its meeting of April 25, 2006, the Parking Management Advisory Board (PMAB) was presented with some modifications to the in-lieu of fees that are currently charged in the in-lieu areas. Mr. Aronson stated staff was waiting to get appropriate land values and updated construction costs. During that meeting after some deliberation, the Board tabled the item to allow members additional time to evaluate the information and although a quorum was present (six of eleven members) the members wanted additional input from the absentee members. Subsequent to tabling the item, another motion was offered to impose a temporary moratorium on the approval of any additional in-lieu requests until the modifications to the in-lieu fees (if any), were codified. Given the low volume of requests and the potential negative impact this moratorium might create, staff does not support the recommended moratorium. Further, if the PMAB determines the appropriate direction at their next meeting enactment of the associated changes could occur in approximately the same time frame as enactment of a moratorium. Mr. Levinson moved to deny the Parking Management Advisory Board’s (PMAB) recommendation and allow them to “weigh in” when they have a full committee and then bring the recommendation back to the Commission, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Mrs. Montague – DENY Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion to passed with a 5 to 0 vote. Item 9.G. of the Regular At this point, the Commission moved to Agenda. 9.G.SPECIAL EVENT REQUEST/ART & JAZZ: Consider approval and endorsement of Art & Jazz on the Avenue scheduled for June 29, 2006 from 6:00 p.m. to th 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to N.E. 7 th Avenue, S.E. 7 Avenue from Atlantic Avenue to the parking lot entrance south of nd Atlantic Avenue, the alley north of Atlantic Avenue between N.E. 2 Avenue and Railroad Way, Railroad Way from Atlantic Avenue to the alley just north of Atlantic nd Avenue, and N.E. 2 Avenue from Atlantic Avenue to the alley. - 25 - 05/16/06 Robert A. Barcinski, Assistant City Manager, stated the Commission has been asked to endorse the next Art & Jazz on the Avenue to be held on June 29, 2006 from 6:00 to 10:00 p.m., approve the street closures and staff support as requested. Mr. Barcinski stated there is a permit request, site plan, and insurance certificate included. The estimated overtime cost for this event is $8,800.00 and cost for barricade rental is estimated at $275.00. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 20% for all costs over $1,000.00. The estimated charges for this event are $1,835.00. Mr. Levinson expressed concern that we continue to not to do anything different and he understands from certain individuals that it would be nice for the Downtown Marketing Cooperative (DMC) to spend time brainstorming on how we can put some new life into Art & Jazz on the Avenue because the same bands are in the same places. He stated it is time to look into something different and therefore he will not support this event. Mr. Fetzer concurred with comments expressed by Mr. Levinson and feels it would be a good topic for a Workshop meeting to discuss some alternatives for Art & Jazz on the Avenue. Mrs. Ellis stated having been to the last Art & Jazz on the Avenue, she stated there were new bands, more jazz, and the event was well attended. She stated she talked to numerous people on the street that evening who felt that Art & Jazz on the Avenue had been kicked up a notch (i.e. participation of Old School Square, the pavilion, the library, the tennis site extending the event beyond Swinton Avenue to include some of the merchants along West Atlantic Avenue). Prior to the vote, Mrs. Montague asked how the Commission can address Mr. Wheat’s concerns but at the same time move this forward. Brief discussion between staff and the Commission followed. Mrs. Ellis moved to approve Art & Jazz on the Avenue to be held on June 29, 2006 from 6:00 p.m. to 10:00 p.m., with significant consideration for those businesses th (including Mr. Wheat’s) on S.E. 7 Avenue that are open until 5:00 p.m. and refer this back to Downtown Marketing Cooperative (DMC) to work out a solution, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – No. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. Item 9.J. of the Regular At this point, the Commission moved to Agenda. 9.J.WORTHING PLACE DOCUMENTS NEEDED FOR CLOSING: Consider approval of the Worthing Place Documents needed for closing; and approve any other documents needed to close. - 26 - 05/16/06 The City Attorney stated she anticipates a closing may occur before the next Commission meeting. She recommended that the Commission approve these agreements subject to modification. Mr. Levinson moved to approve the form of the documents subject to modifications, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes. Said motion passed with a 5 to 0 vote. 9.K.RESCINDING DEFENSE OF FORMER LAW ENFORCEMENT OFFICER/FORFEITURE OF PENSION: Consider approval of rescinding the defense of former law enforcement officer, Jack Mackler, and authorization to serve notice to the Pension Board to forfeit the pension of the former officer due to criminal convictions. The City Attorney recommends that the City of Delray Beach withdraw the defense of a former law enforcement officer that has been sentenced for violating the law and seek authorization to serve notice to the Pension Board to start forfeiture of pension proceedings. Mr. Levinson stated traditionally pensions are shielded from bankruptcy or judgments and inquired as to whether or not the pension would become eligible for use in the restitution. Brief discussion between the City Attorney and Mr. Levinson continued. Mrs. Ellis moved to rescind the defense of former law enforcement officer Jack Mackler and authorize to serve notice to the pension board to forfeit the pension of the former police officer with direction to bring back to the Commission for another vote if the pension can be attached for restitution, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 9.L.FINAL SUBDIVISION PLAT APPROVAL/TROPIC CAY TOWNHOMES: Consider approval of the subdivision plat for Tropic Cay Townhomes, an 8-lot, fee-simple townhouse development, located on the southwest corner of Frederick Boulevard and Fladell’s Way (Avenue “F”). Staff recommends denial. Paul Dorling, Director of Planning and Zoning, stated this is a plat associated with an approval for a Class V site plan granted by the Site Plan Review and Appearance Board (SPRAB) on October 27, 2004. The proposed plat consists of an 8-lot townhouse type development to be constructed on lots that range from 24.29 feet to 39.67 feet wide by 115 feet deep. The development will consist of one 2-story building with each townhouse unit containing three bedrooms and a two car garage. An access road has been dedicated as a private road which will serve as primary access to the proposed lots. This private roadway is connected on each end by public roads, Frederick - 27 - 05/16/06 Boulevard, to the south and Avenue “F” to the north. This plat should dedicate this private segment as a public roadway so that a continuous public road would exist. Staff has concerns that this type of layout would create potential problems relating to continued maintenance of this section and the perception by the general public that it is publicly owned. Therefore, staff is recommending denial of this final plat. Mr. Dorling stated staff has met with the applicant over the last few days and they have agreed to dedicate the road as a public right-of-way. Staff would like to change their recommendation to approve the final subdivision plat for Tropic Cay with the modification of a public road dedication to occur on the plat mylar before the plat is actually recorded. Mr. Fetzer moved to approve the subdivision plat for Tropic Cay Townhomes subject to the condition of the dedicated right-of-way, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. 12.FIRST READINGS: ? NONE 13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.City Manager The City Manager stated he has an appointment in Gainesville tomorrow afternoon for his son and Robert Barcinski will be Acting City Manager until he returns. Secondly, he commented about a memento the City received for the USTA Boys’ and Girls’ 12’s National Spring Championships. 13.B.City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C.City Commission 13.C.1.Mr. Fetzer Mr. Fetzer suggested that a new organization “Friends of Delray” be included in the list for receiving courtesy notices. Mr. Levinson suggested that the City Manager look at any and all groups and require them to be legitimate organizations (i.e. a Florida Corporation for profit or - 28 - 05/16/06 not-for-profit) or an official homeowners association/civic association representing solely that area geographically. 13.C.2.Mrs. Ellis Mrs. Ellis commented about Art & Jazz on the Avenue and stated she got the privilege of being the Grand Marshall in the Bed Race in the parade. She stated it was fun and there was a great turnout. Also, Mrs. Ellis stated there were new and diverse things going on and the 17 piece orchestra at Old School Square was very popular. 13.C.3.Mrs. Montague Mrs. Montague stated she spoke with Kevin Johns who is the Director of Economic Development for Palm Beach County and they are developing new strategies which will be presented to the Palm Beach County Commission. Palm Beach County will be using Delray Beach as an example of “smart growth”. 13.C.4. Mr. Levinson Mr. Levinson stated he was in Miami for Leadership Florida and as Program Chairman he brought in several groups and speakers. One was a panel discussion on development and redevelopment, density and design. Second, he brought in a man from the Collier family and brought in Katy Sorenson, Southwest Miami/Dade County Commissioner responsible for the battle on the urban development boundary. In addition, Mr. Levinson stated he also brought in William S. Hettinger who wrote a book entitled “Living and Working in Paradise Why Housing Is Too Expensive and What Communities Can Do About It”. 13.C.5.Mayor Perlman Mayor Perlman stated the “Success for Life” students from Carver Middle School took a tour of the City today. He stated the students toured the Water Treatment Plant and a few departments and asked some great questions during the presentation in the Commission Chambers. Mayor Perlman stated Perry Stokes runs the program and these are really great kids. He stated it was also great to hear the students today from Atlantic High School and feels there are some wonderful students coming up through Carver Middle School. Secondly, with regard to Leadership Florida, Mayor Perlman stated he graduated from this program over the weekend and is looking forward to networking with the graduates. He stated one woman from his class works for the Trust for Public Lands and she is very interested in trying to find grant monies for the City of Delray Beach to develop the Old School Square Park. He encouraged the City Commission to apply for this program. - 29 - 05/16/06 There being no further business, Mayor Perlman declared the meeting adjourned at 9:23 p.m. ~~. ~~:"J City Clerk ATTEST: ~l~ OR "- 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 May 16, 2006, which Minutes were formally approved and adopted by the City Commission on June 6, 2006 ~~~. ~\~\k.'tV 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- 05/16/06 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA LOIS BREZINSKI, LIVIA LANDRY, ROBERT MANNWEILER AND THECITY OF DELRA Y BEACH, Appellant( s), vs. COASTAL PROPERTY HOLDINGS, lLC, Appellee. I . ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA FOR112NE 7TH STREET 1 . This appeal of an approval of a certificate of appropriateness for construction qf a new two story residence and landscape plan for the property at 112 . . i NE7th Street came before the City Commission on May 16, 2006. 2. The Appellants, Appellee and City staff presented documentary evidence ", and testimony to the City Commission pertaining to the appeal of the certificate of CiPpropriateness for 112 NE 71h Street. All of the evidence is a" part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. LOR REQUIREMENTS a. lOR Section 4.5.1 (E)(4), 4.5.1 (E)(7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating' Certificates of Appropriateness for the alteration or a,ddition of exterior architectural features. The guidelines are as follows: (E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, ~elocated, demolished, or otherwise changed in accordance with the Secretary of Interior's StandardS for Rehabilitation, as amended from time to time. x+C/Yl 1'# A: (E)(7) The construction of new buildings or structures, or the relocation, ~Iteration, reconstruction, or major repair or maintenance of a non- contributing building or structure within a designated historic district shall meet the same compatibility standards as any" material change in the exterior appearance of an existing non-contributing building. Any material Change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the fonn, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non- Contributing building, structure, or site. eE)eB) All improvements to buildings, structures, and appurtenances shall be visually comp~tible. Visual compatibility shall be determined in terms of height, front fa~de proportion, proportion of openings (windows and tJoors), rhythm of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relations of materials, texture and color, roof shapes, walls of continuity, scale of building, ijirectional expression of front elevation. (a) Heiaht: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. Is this met? Yes 0 No 5 (b) Front Facade Proportion: The front fa~de of each building" or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or. adjoining buildings within a historic district. Is this met? Yes 0 No 5 2 (c) Proportion of Openinas (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. Is this met? Yes 0 No 5 (d) Rhythm of Solids to Voids: Front Facades: The relationship of solids to voids in the front fa<;ade of a building or structure will be visually compatible with the front facades of historic buildings or structures within the district. Is this met? Yes 0 No 5 (e) Rhythm of Bulldlnas on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a historic district. Is this met? Yes 0 No 5 (f) Rhythm of Entrance and/or"Porch Proiectlons: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings and structures within a historic district. Is this met? Yes 0 No 5 0> Scale of a Buildina: 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 the 3 building mass of historic sites, buildings, and structures within a historic district. Is this met? Yes 0 No 5 (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites in its directional character, whether vertical, horizontal, or non directional. Is this met? Yes 0 No 5 Have the overall objectives of the LOR's been met? Yes 0 No 5 II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: a. The Del ray Beach Historic Preservation Design Guidelines recommends the following with respect to additional height and new constructionJinfill: . For buildings where additional height is allowed, stepping back the upper stories may help to minimize the difference as viewed from the street. · All infill must be compatible with the surrounding buildings and yet must be differentiated from the historic building stock. . - The height of any new building should be similar to those of other buildings along the streetscape. " . The new construction should be compatible with the width of the surrounding buildings. . The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setting of the district. ;. The" character of the massing should be compatible with the surrounding buildings. . Roof forms and pitch should be compatible" with the surrounding buildings. Have the overall objectives of the Oelray Beach Historic Preservation Design Guidelines been met? Yes 0 No 5 4 III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABIUT A TION: a. The Secretary of the Interior's Standards for Rehabilitation recommend: · New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. · New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? yes 0 No 5 3. ihe City Commission applied the LOR requirements in existence at the time the original site plan was submitted. 4. The City COmmission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves _ denies x the certificate of appropriateness thereby granting the appeal 5 and overturhing/upholding the decision of the Historic Preservation Board. This Order is adopted this 16th day of May, 2006, by a vote of ATTEST: ~. &dl ~(Ik..{. ~: Chevelle Nubi ~ ~,~ City Clerk 6 o opposed. FORM 88 MEMORANDUM OF VOTING CONFLICT FOR -:lUNTY . MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS .ME...-FIRST NAME-MlOOLE NAME L. COUNTY NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COUMllTEE .Delra Beach Cit Commission THE eo.a.RD. COUNCIl.COUMlSSION. AUTHOOI1Y OR COUUllTEE 00 .. WHtai I SERVE IS A UNIT OF: Xl CITY a COUNTY a Ollia{ lOCAL AGENC'(. NAME OF POUTICAl SUBOMSlON: City of Delray Bea~h Lakes Drive AlE ON WHICH VOTE qcciJRRED 5/16/06 .MY POSffiOO IS: m ElECTIVE a APPQll'ffl\lE. WHO MUST FtLE FORM 8B This fonn is for use by any person salVing at the county. city. or other local level of government on an appointed or elected ooard. COuncil. commission. authority. or committee. It applies equally to members of advisory and non-advisOfy" bodies who are p(esented witll a ~~og conftict Qflnterest under Section 112.3143. Flotida Statutes.. . . . . Your reSponsibilities under the law when faced with voting on a measure in which you have a contlictof interest will vary gt"~Uy dep~nd~ on whether .you hold an elective or appointive position. For this reason. please pay dose attention to the 'instructiotls onthisfixm before completing the reverse side and filing the form." 'INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STAtUTES A! ..;on holding eledive. or appointive county. municipal. or otMr local plibflC office MUST ABSTAiN. from' vo~ng ori ~l measure Which it; lo his or her special private gain or loss. Each elected. or appointed local officer also is prohibited from knowingly v.otiog 00 a mea~' s~ Nhlch inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including Ihe parent organization or subsidiary of a corpornte 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 See. 163.~56.Or 163.357. F.S.. and officers of indepe~dentspecialtax districts elected on a one-aCre. one-vote basis are not prohibited from 'voting in that . capacity. For porposes Of this taw. a "relative" includes only the officer's father. mother. son. daughter. husband. wife, brother. sister. father-in-law. mother-in-law. son-in-law. ~nd daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer. coowner of property. or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In add"ttion to abstaining from voting in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure' on whIch you are abstaining from voting; and WIltlIN 15 DAYS AFTER THE VOTE OCCURS bycompl~ting and filing this form with the person responsible for recording the min- utes of the meeting. who should incorporate the .form in the minutes. e:~ . APPOINTED OFFICERS: AIlhoogt\ you mUst. abstaiq from voting in the situations described above. you othetwise may participate in these matters.. However. you ~. '." disdose."the ~.a~e Of.th.econllid. . before making. any-attempt to influ.enee the decision; whether orally or in writing .and'vrocth. er .~, b 'UOfatYOUCdirection. .'. .. . '. .. . . ... ....... .' .... h.' :AI INtEND TO'MAAE'ANYAl'TEMPTTOINFLOENCE THE'OECIStON PRibRTO THE MEETING AT WHicH THE vote w.U,:i."aE 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 ~ meeting. who will incorporate the fOOl1 in the minutes. (Continued on other side) CEFORM88-EFF.112OOO PAGE 1 ITEM 9 C IlPPOINTEO OFFICERS (continued) .. . ' A copy of Ih~ forii1' must be provided unmedi3tely to the other memt>ers of the ageOcy. . . . Th8 form must be read Pl!bliciy at the next m~ting aft!'lf" the form is filed. IF YOU MAKE NOi\TTEMPT TO INFLUENCE THEOECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disdose orany the nature of your conflict in the measure before participating. You must complete the foqn and file it within .15 days after the vote occurs with the person responsible fOr recOrding the .miriotes Of the meeting; who must incoq>orate the form in the minUtes. A copy of the fOflll must be provided immediately to the other members of the . 'agency. !lAd Ule form must be read publiciy at the next meeting after the form is filed. I. DISCLOSURE OF LOCAL OFFICER'slNTEREST 5/16 .20~: 'Jeffrey L. Perlm~n . hereby disclose that on (a) A nieasure c3me of Win cOme befOre mY agency which (check one) Inured to my special private gain or loss; 1nureit, to thes~1 gain or loss of my business assOciate, -1l 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 Of Io~ of . is ~ parent organizaljon oc; subsidiary of a .principal whicfl,has r~tained me. (b) The meaSure ~toremyagency and ltlenature of my conflicting interest in the rt'leasore'is as fOlloWs: Diana Colonna . ~ which . . .... .".' '.. . .. Dial).e:' Colonna. my' wi"fe. is Director oftlieCcimmUl~it:y ,'Redevelopnieilt Age~y 'CCRA) ~.. I have' a. confli~t voting on it~nis that direct;ly affe<:t :the Commuri;ity . Redevelopment Agency.. . Date Filed ~ot;; ~... . . NOTICE: UNDER PROVJSIQNS OF, FLORIDA STATUTES ~112.311. AILURETQ:MAKEANY REaUlRED OISCliOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMP!=ACHMENT,.. REMOVAL ORSUSPENSION.FROM O~FICEOR EMPLOYMENT. DEMOTION. RqDUGTION,IN SALARY. REPRI~O. ORA.. CIVIL PENAlTY NOT TO EXCEED $10,000. , .. . .. '. . .' ..., - . '. '. '.' CE FORM 88- EF.F. 112000 .". . <. ,by, ..:..... . ..... .... ". ~'. . I .;..;.... pAGE2 . FORM 8B MEMORANDUM OF VOTING CONFLICT FOR OUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AS l\ME-FIRST NAME-MIOOLE NAME p'~rlman. .Jeffre L. WUNG AOORESS Delra Lakes Drive COUNTY Q OlHER LOCAL AGENCY IA.TE ON Wl;ilCKVOTE ~ 5/16/06 t<<PosmON IS: II .ELECTIVE Q APPOMlVE WHO MUST FILE FORM 88 This fonn is for use by any persoo serving at the county, city, or other local level of government on an apPointed or elected board, council. commission. authority. or cominittee. It applies equally to members.of advisory <!nd noo-a<ivisory bodies who are presented wittl a voting . conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a, conflict of interest wil~ vary greaUy depending on .whether .you hold an elective or appointive position. For this reason. please pay dose attention to the instructions on this fOem before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES '.[ ;00 holding elective Of" appointive county, municipal. or other local PubrlC office MUST ABSTAIN from voting on 'a measure which in .~to his or .her special. private gain or loss. Each elected or appointed local officer alsoisprobibited from knOwinglY votir!gon a mea'" . sure which inures to the special gain or loss of a principal (other than agovemment agency) by whom he or she is retained (tncluding the panmt organization or subsidiary of a corporate principal by which he or she is retained); to the special private gj'lin or loss of a relative; or to the special private gain or loss of a business assoqate. Commissior,ersof community redevelopment agencies under See. 163.~56,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. Foe: purposes of this taw. a -relative" indudes only the officer's father. mother. son. daughter, husband, wife, brother, sister, father-in-law, mother-in-law. ~.law. ~nd daughter-in-law. A -business associate" means any person or entity engaged in or carrying 00 a business eoterpcise with,the offICe( as a partner, joint venturer. coowner of property. or Corporate shareho/der(where the shares of the corporation are not isted on any national or regional stock exmang(!). . ELECTED OFFICERS: 10 3Mdion to abstaining from voting in the,situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure oil which you are abstaining from voting; and . WITHIN 1~ DAYS AFTER THE VOTE OCCURS by completing and filing this fc:mn with the person reSponsible for recording the mio-. utes of the meeting. Who should incorporate the fOrm in the minutes. .. APPOINTED OFFICERS: t:~5.=?::~~~~=::=~~~~~~wn:";=;.... IF -}OU'INTENO id MAi<i= ANY ATTEMPTTOINFlOENCE THEo'beCISIONPRiOR TO ruE MEETU~G:At wHICH THE VOlE~Il,1.'BEo, TAKEN: . You must-complete and file this form (before making any attempt to influence the decision) with the person responsibltt for recOfdingthe minutes of Ih<<;t ~ting, wh() win incorporate the form in the minutes. (Continued on other side) ce FOOl,( 88 - EFF. 1/2000 ITEM 9F PAGE 1 APPOINTED OFFICERS (continued) . A oopyofthe tann'mustbe provided immediately io the other lriemberS of the agency. . '. . . The form must be read publidy at the next ineetingaft~r-the form isfil~. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . Yau must disclose orally the nature of your conflict. in the measure' before participating. . You mustoomptete the form and file it within ,15 days after the vote occurs with the person respoll$ible for recording the minutes of ~. ineeting~ .who must incorporate the form in the minutes. A copy of the form must be provided immediately to the oiher memberS of the -agenCy. ~nd the fonn must be read publidyat,~ next meeting aft~ the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST . ,". I. 'Je(frey L. Perlman . hereby disclose that on , Mav 16 .20~: (a) A n1eaSum came or win coirie before my ~iicy which (cheCk One) inured to my special private gain or loss; loured to Ih8 special gaIn-or losS of ~y bi.Jsiness 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 Ihe,~al gain Of I0ss of is the parent Ofg3Oizationor subsidiary ofa principal which has retained me. Diana Colonna .by . )'Jhich (b) The measure ~oremyagenCy and thenatute of my conflictinginterestinthe measure is as fOlloWs: , . .niitn({Co1'onna. .h.Y' wHie~is'Dir~ctot~f'theCommunity.R~d~velopm~nt Agen.cy -'ceRA). . . .' . . - - . . - . - '. I" I 'have' a' .cbnflictvotingon items that: directly -aff:ec.: . the.' Community... . '.. . ,Redeveidpjnerit 'Agency. . , . - ,- ,. > ," ( .". . - -, ,-r-l r. -011"'0 O~ . . .', . .:":... ...... .... ;.:"'." Date Red' .: ;. ~ .....~:.. <. . ..-. . ~ '.' .. NOTIQg;:,UNOER. P~OYi~lqN$ O~,FlORIDA~TAJuTES ~,11i3:11.^ :fAILuRE TOi,MAKE ANY REQUIREO OISCEOSURJ;: C<?NSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMP~GHMENT. . REMoy~ OR.S,U~PENSIOt4 f:R:OM OFFICE OR EMPLOYMEr-./T, DEMQTION, RE;Dl,IGTIO~I~ SALARY, R,EP~IM.A.Nq. O~A :; . . \ ~'J' .. .: .". . ". . . . '., . .' "., . .. ". . r CIVIL PENALTY NOT TO'EXCEED $'"10,000. . . '.", -... - . -, ... .. 'u, . . ..- . .~. ... cE FORM6B:-.EFF~ 112000 i , i 'PAGE.2. : AMERICAN LEGION Milton Myers, Post 65 263 N E 5th AVENUE 290 S.E.6th Ave Delray Beach, FL 33483 MEMORIAL DA Y SERVICE The American Legion, Post 65 & Post 188 together will conduct a memorial service in honor of our veterans of all wars on Monday, May 292006. Ceremonies at the Dekay Memorial Cemetery, SE 10th Avenue, Delray Beach will commence at 9:30 a.m. Participating in this event will be the Honor Guard, the American Legion Auxiliary, Sons of the American Legion, American Legion Riders and the Delray Beach Boy Scouts of America. Spaghetti Dinner, <'NOON" will be hosted by the members of the American Legion, Auxiliary, & S.A.L.'s, at their post home located at 263 NE 5th Avenue, Delray Beach. Everyone is welcome to attend. FREE TO ALL VETERANS, ALL OTHERS DONA nON PLEASE i! " ! . i MEMORIAL DAY Dekay Cemetery. .. Legion Post 65 conducting 8:00 am.Scouts put flags on graves 8:30am. set up chairs and speakers 9:00 am Assembly at Delray Cemetery 9:30 am Commander Scott Schley opens Memorial Day Ceremony CHAPLAIN COMMANDER LAWRENCESTRAINGE American Legion Auxiliary Father Bernard Pecaro SERGEANT AT ARMS deposits flowers upon the monument CHAPLAIN: BENEDICTION FA TIlER BERNAIill PECARQ F1IUNG SQUAD: SALUm THE DEAD J:+-em {r B. DELRAY'S FALLEN MARVIN W. MILTON LONEY MYERS HARRY FISH HARRY OLLER GEORGE H. REILEY HOWELL JONES BEN F. McINTOSH BRADLEY O'NEAL BENJAMIN F. JETTON SHELTON LAMB, JR. LOGAN McNEAL ALFRED F. PRIEST , CHARLES L. VREELAND JOHN JUPINKO ARTHUR R. SPROTT,'JR. . ~\~\~OD\p ~~\:,.~ ~\l.t--~ ~