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08-15-06 Minutes Reg AUGUST 15. 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to ~rder.by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 15,2006. .L 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 Reverend Nancy Norman with Unity of Delray Beach. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman stated there is additional information for Item 9.P., Appointments to the Historic Preservation Board and a request from staff that Item 12.B., Ordinance No. 45-06 be removed from the Agenda. Mr. Levinson moved to approve the Agenda as amended, 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. 5. APPROVAL OF MINUTES: Mrs. Ellis moved to approve the Minutes of the Regular Meeting of July 25, 2006, 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 passed with a 5 to 0 vote. 08/15/06 Mr. Fetzer moved to approve the Minutes of the Regular Meeting of August 1, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinso~ - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Saidmotion passed with a 5 to 0 vote. 1 ~ j Mrs. Montague moved to approve the Minutes of the Special/W orkshop Meeting of August 8, 2006, seconded by Mr. Levinson. 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. ~ PROCLAMATIONS: 6.A. National Alcohol and Drul! Addiction Recovery Month - September 2006National Save a Life Month - September 2006 Mayor Perlman noted this proclamation will be mailed to the appropriate agenCIes. 6.B. National Save a Life Month - September 2006 Mayor Perlman noted this proclamation will be mailed to the appropriate agenCIes. 7. PRESENTATIONS: 7.A. Government Finance Officers Association - Distinl!uished Budeet Presentation Award Joseph Safford, Finance Director, stated this is the 20th consecutive year that the Finance Department has received the Distinguished Budget Presentation Award. Mr. Safford read the Press Release dated April 28, 2006 issued out of Chicago, Illinois and noted the Finance Department just received the plaque. Mr. Safford stated in order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: (1) a policy document; (2) a financial plan, (3) an operations guide, (4) a communications device. Mayor Perlman stated this is an award from the Government Finance Officers Association and reads Distinguished Budget Presentation Award presented to the City of Delray Beach for the fiscal year beginning 2005. Mr. Safford stated when a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. Mr. Safford stated Lisa Herrman, Budget Administrator, is being recognized for this achievement. -2- 08/15/06 7.B. Florida Local Government Information Systems Association for Technolol!V Achievement Award for Leadership in Manal!ement of Information Technolo2V Presentation . .... Joseph Safford, Finance Director, introduced Peter Wallace (current Vice President and soon to be President and the IT Director of Boynton Beach) and also Dan Mayer (immediate past President and also the Director of the IT Department in Clearwater, FL). Dan Mayer, Florida Local Government Information Systems Association (FLGISA), stated they are made up of 180 cities and counties from around the state. Mr. Mayer stated they created an award program that will only be offered every other year that will recognize the achievements of both IT professionals in government and the institutions that have brought them. Mr. Mayer recognized Guy Buzzelli, Chief Information Officer/IT Department, for his leadership in reorganizing the IT Department as well as putting together an Enterprise Technology Plan (I-Net Agreement) and significant cost savings in the area of licensing for the operation. Mr. Mayer presented an award to Guy Buzzelli and the City of Delray Beach and stated there will be an article on both Mr. Buzzelli and the City of Delray Beach in Government Technology Magazine (a national publication) and an article will also be placed in Quality Cities Magazine for the State of Florida in addition to one other governing magazine. 7.C. Guards Recol!nition of Community Service Officers and School Crossinl! Larry Schroeder, Police Chief, stated there are a number of schools throughout the community with thousands of children traversing the streets and roadways and they get there safely through the hard work, dedication, and the love the School Crossing Guards have for children. Chief Schroeder stated the School Crossing Guards actually build relations with the children and the children look forward to seeing them. Chief Schroeder stated they are a huge and vital part of the overall safety plan for Delray Beach. He stated the Community Service Officers help staff with doing all the traffic investigations when it comes to crashes and assist with the delayed calls for service. When officers are busy doing other things, the Community Service Officers can step in and help out. The Community Service Officers fill a vital role and deserve recognition from the Commission. Mayor Perlman presented Special Recognition Awards to the Community Service Officers and School Crossing Guards. 7.D. United Way Presentation - Prosperity Center at Neil!hborhood Resource Center Elivio Serrano, 2600 Quantum Boulevard, Boynton Beach, gave a brief overview of the program and gave PowerPoint presentation. Mr. Serrano stated United Way is able to use dollars from their own fundraising efforts and through other entities - 3 - 08/15/06 and use the dollars to contract with service providers so that they can hire and dedicate staff to work at their centers (Consumer Credit Counseling, Palm Beach Community College, Families First, Department of Children and Families and Housing Partnership). Mr. Serrano stated they prQmote the earned income tax credit in the community and provide tax preparation services. He stated Carter Elliott, Prosperity Campaign Director, is also present for questions. 1 J ~ Mayor Perlman stated he is pleased to see the Neighborhood Resource Center opening this weekend in Delray Beach. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)!FINAL P A YMENT/WELLING CONSTRUCTION. INC.lCORNELL PARK PROJECT: Approve Change Order No.1 (Contract Closeout) in the amount of a $18,309.00 decrease and final payment in the amount of $11,474.22 to Welling Construction, Inc. for completion of the Cornell Park Project. Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park). 8.B. FINANCIAL GUARANTEE AND AGREEMENT FOR COMPLETION OF REQUIRED IMPROVEMENTSrrHE MARK DOWNTOWN (FKA BAMBOO): Approve a Financial Guarantee and Agreement between the City and The Mark Downtown for installation of improvements in the right-of-way. The Performance Bond is in the amount of$186,087.00. , ~ .,. ;; j 8.C. AMENDMENT NO. 2/FLORIDA INLAND NAVIGATIONAL DISTRICT LEASE AGREEMENT: Approve Amendment No.2 to the lease agreement (MSA 650) with the Florida Inland Navigational District (F.I.N.D.) for the leasing of approximately 4 acres for an Intracoastal park and providing an additional two (2) years for the City to construct the park. 8.D. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENTIDELRAY HARBOR CLUB. INC.: Authorize the City to act as the utility permit applicant for sanitary sewer work performed within the state right-of-way for Delray Harbor Club, located on the east side of Federal Highway (U.S. 1), south of S.E. lOth Street and approve a hold harmless agreement with the developer (Delray Harbor Club, Inc.). 8.E. MEMORANDUM OF AGREEMENT (MOA)INEIGHBORHOOD RESOURCE CENTER/UNITED WAY PROSPERITY CAMPAIGN: Approve a Memorandum of Agreement (MOA) with the United Way of Palm Beach County for the Prosperity Center Campaign at the Neighborhood Resource Center for a period of three (3) years. 8.F. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Mr. David Cook, Chamber of Commerce Representative, and Mr. Fran Marincola, Downtown -4- 08/15/06 Development Authority Alternate Representative, for two (2) year terms ending August 1,2008. 8.G. SPECIAL EVENT REQUESTIHOWARD ALAN 12TH ANNUAL DELRA Y BEACH CRAFT FESTIVAL: Approve a special event request for the 12th Annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 30 and October 1, 2006, granting a temporary use permit per LDR Section 2.4.6(H) for the closure ofN.E./S.E. 4th Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 31,2006 through August 11,2006. 8.1. AWARD OF BIDS AND CONTRACTS: .L Bid award to AAA Fire Protection Systems in the amount of $20,777.00 for the installation of an 80# FM-200 Fire Suppression System for the Police Department Outside Evidence Storage Building. Funding is available from 334-6111-521-64.90 (General Construction Fund/Other Machinery/Equipment). 2. Contract award to Public Safety Equipment & Installations, Inc. in the amount of $33,181.80 for the purchase of light and equipment packages for eight (8) new police vehicles. Funding is available from 001-2111-521-52.20 (General Fund/General Operating Supplies), 001-2111-521-64.90 (General Fund/Other Machinery/Equipment) and 001-2115-521-52.20 (General Fund/General Operating Supplies). 3. Contract award to Kilbourne & Sons in the amount of $19,594.06 for the installation of the Neighborhood Resource Center Parking Lot. Funding is available from 334-3162-541-63.42 (General Construction Fund/Improvements Other than BuildinglNRC). Mr. Fetzer moved to approve the Consent Agenda, seconded by Mrs. Montague. 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. At this point, Mayor Perlman declared a conflict of interest on Items 9.A. through 9.E., passed the gavel to Vice Mayor Ellis and stepped down from the dais. - 5 - 08/15/06 9. 9.A. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCYILA FRANCE HOTEL: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation and construction of a new addition on the La France Hotel. Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) ProgramlHousing Rehabilitation). REGULAR AGENDA: '1 ~ .The City Attorney stated this is an Interlocal Agreement between .the Community Redevelopment Agency (CRA) and the City of Delray Beach regarding funding for the La France Hotel rehabilitation and construction in the amount of $500,000.00. Mr. Levinson moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation and construction of a new addition on the La France Hotel, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 9.B. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/PLAN REVIEWER II: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $63,050.00 per year for a Plan Reviewer II position in the Community Improvement Department for the prioritization of CRA projects for plan review and permit approval. The City Attorney stated this is an Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Delray Beach regarding a Plan Reviewer II position which will assist the CRA with certain projects and the CRA will provide up to $63,050.00 for these services. Mr. Levinson moved to approve the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Delray Beach in the amount up to $63,050.00 per year for a Plan Reviewer II position, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 9.C. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/SHUTTLE BUS SERVICE: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency in the amount of $135,295.00 per year for shuttle bus service for the City's downtown area. The City Attorney stated this is an Interlocal Agreement with the Community Redevelopment Agency (CRA) and the City of Delray Beach. The Agreement provides that the CRA shall pay $135,295.00 for a three year period for shuttle bus service. - 6- 08/15/06 Mr. Levinson moved to approve the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Delray Beach in the amount of $135,295.00 per year for shuttle bus service for the City's downtown area, seconded by Mrs. Montague. Upon t.oll call the Commission voted as follows: Mrs. Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCYINEIGHBORHOOD PLANNER: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $32,771.00 per year for a Neighborhood Planner position to be assigned to the Neighborhood Resource Center to serve as a liaison between the Community Redevelopment Agency (CRA), West Atlantic Avenue Task Team (WATT) and West Atlantic Avenue Redevelopment Coalition (W ARC); and provide Community Land Trust (CLT) outreach services. The City Attorney stated this is an Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Delray Beach for a Neighborhood Planner position. The CRA will provide up to $32,771.00 per year for the servIces. Mr. Levinson moved to approve the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Delray Beach for a Neighborhood Planner position to be assigned with the CRA to provide up to $32,771.00 per year for services, seconded by Mrs. Montague. 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. 9.E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for planning and other services in an amount up to $110,000.00 per year. The City Attorney stated this is an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning and other services in the amount up to $110,000.00 per year. Mr. Levinson moved to approve the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Delray Beach in the amount of $110,000.00 per year for planning and other services, seconded by Mrs. Montague. 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. 9.F. FUNDING REQUEST/CoL.A.S.S. OF PALM BEACH COUNTY. INC.: Consider a funding request from Ms. Frances Carter for c.L.A.S.S. of Palm Beach County, Inc. to help offset costs associated with the Spring Academic and current Summer Programs. Staff recommends a contribution of $30,000.00 available from the - 7 - 08/15/06 Miscellaneous Grants Contingency ($13,000), City Manager's Contingency ($7,000) and Community Improvement Grant Programs ($10,000). 1 I Robert A. B..a,rcinski, Assistant City Manager, stated this is a funding request from Ms. Frances Carter for the C.L.AS.S. Program. He stated the application request is to help offset debt costs for the Spring Academic Program in the amount of $30,000 and to help offset costs associated with the current summer program in the amount of $43,000.00. C.L.A.S.S. is a tutorial program geared toward students in greatest need and approximately 200 students per year are assisted through this program of which 95%-98% are Delray Beach residents. This program does meet City Commission's Goal #6 - "Quality Education Programs" and Objective #3 "Save Delray's Special Program's". Staff recommends consideration of this request with an amount to be determined by the City Commission. Mr. Levinson asked if Ms. Carter participated in the non-profit academy because he feels this would be beneficial because they could find sources for grants. Ms. Carter stated she has not participated in the non-profit academy. Mr. Levinson stated this is a great program and does not recall hearing it as one of the Education Board's objectives. He suggested that the Education Board focus on this and assist them with their progress. Mr. Barcinski stated in the past the Palm Beach County school system funded this program; however, they have not for the last couple of years. ] Mayor Perlman commended City staff for having the foresight for figuring out a way to come up with the funding for this program. He suggested that we make some connections with the School Board and inform them that the City of Delray Beach is going to step up to the plate. He stated we need to make some connections with the School Board and feels they should partner with communities to make sure these types of things are strong and viable into the future. Mr. Levinson moved to approve a funding request from Ms. Frances Carter for C.L.AS.S. of Palm Beach County, Inc. to help offset costs associated with the Spring Academic and current Summer Programs in the amount of $30,000.00, 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. 9.G. INTERLOCAL AGREEMENTIPALM BEACH COUNTY/CONGRESS AVENUE CORRIDOR: Consider approval of an Interlocal Agreement between the City and Palm Beach County in the amount of $25,000.00 for the preparation of a Land Use Allocation Master Plan for part of the Congress Avenue Corridor. Funding is available from 001-2511-515-31.90 (General Fund/Other Professional Services). - 8- 08/15/06 The City Attorney stated this is an Interlocal Agreement between the City of Delray Beach and Palm Beach County on the Congress Avenue Corridor. The City's share of services is $25,000.00. ..... Mr. Levinson moved to approve the Interlocal Agreement between the City of Delray Beach and Palm Beach County in the amount of $25,000.00, 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 passed with a 5 to 0 vote. 9.H. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Consider approval of a special event request for the 1 st Annual Spady Heritage Day sponsored by the Spady Cultural Heritage Museum to be held from 12:00 noon until 6:00 p.m. on September 24, 2006, and authorize staff support for police security, clean up and set up/use of the small stage with event signage no earlier than ten (10) days prior to the event; contingent upon receipt of certificate of liability insurance and a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the 1 st Annual Spady Heritage Day to be held on September 24, 2006 from noon to 6:00 p.m. to authorize staff support for security, and clean up, to authorize set up and use of small stage, and approve event signage. Total estimated costs for City services, stage rental cost, etc. is approximately $1,500.00 and per the City's event policies and procedures there would be no charge to the event sponsor being that this is the first year of the event. Mr. Levinson moved to approve the special event request for the 1st Annual Spady Heritage Day to be held on September 24, 2006 from noon until 6:00 p.m., 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. 9.1. REQUEST FOR PROPOSAL (RFP)/OLD SCHOOL SQUARE (OSS) PARK EXPANSION PROJECT: Consider approval of the Request for Proposal (RFP) for program development, planning and design of the proposed park expansion at the Old School Square Cultural Arts Center. Richard Hasko, Director of Environmental Services, stated this is a draft of the Request for Proposal (RFP) that staff would like to advertise for the development planning and programming for the Old School Square Cultural Arts Center. He stated the RFP reflects priorities established at the stakeholder input session held at Old School Square on July 10, 2006. Mr. Hasko stated there are additional formal components and suggested to include additional exhibits to the RFP that might expand on the priorities and the components that came out of the stakeholders meeting. He stated the consultants are present this evening from CH2M Hill to answer questions. -9- 08/15/06 Mayor Perlman asked how staff will market this. In response, Mr. Hasko stated initially the idea was to hold a national design competition. He stated staff would normally publish the RFP in a local newspaper and post it on the Demand Star website which has national exposure.and is a subscription site. Mr. Hasko stated staff can publish the RFP in more prominent periodicals. Mayor Perlman stated there is a website called the "project for public spaces" (PPS.org) and Delray Beach was named one of the top 10 or 20 neighborhoods in the country (Atlantic Avenue). Furthermore, Mayor Perlman stated they have a very broad audience and he also made reference to citizenandplanning.com that is also a national website and also suggested the American Planning Association (AP A) website. Mayor Perlman stated there may also be some services through Urban Land Institute (ULI). 1 Mr. Levinson suggested that the City spend the money to put this in as many professional periodicals as we can to get the maximum number of responses. Mayor Perlman stated this looks good. Commissioner Levinson stated he likes the point system and suggested that staff add a "code of silence" and at some point talk about the committee members because he feels this is important. Mr. Hasko stated staff would normally propose a committee of approximately seven (7) members from various stakeholder organizations and then bring this back to the Commission. 9.J. PUBLIC COMMENTSIFY 2007 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2007 Proposed Budget at this time. Carol Gevirts. 1601 Oran2e Terrace #101. Delray Beach (Pines of Delray). stated the microphones are working great and she thanked the Commission for looking into this. She briefly spoke about televising the City Commission meetings and urged the Commission to consider this into the City's budget. Jim Smith. 1225 S. Ocean Boulevard. Delray Beach. thanked the City Commission for reducing the millage rate and urged the Commission to begin televising the City Commission meetings (regular and workshops). He stated the cost is now affordable and suggested to broadcast the meetings live on Channel 98 with a repeat broadcast using video streaming. Also, Mr. Smith stated there was a suggestion made at the Workshop meeting that Resident Academy graduates be invited back periodically for updates on what is happening in Delray. He asked that staff add a couple hundred dollars to provide for the opportunity of reconnecting with the city. Mr. Smith does not support adding $87,000.00 to provide for a new communications/marketing manager. He stated we already have an information officer and two marketing managers and stated the City cannot afford to add a fourth position. Instead, Mr. Smith suggested that the Commission re-direct the City's existing staff of three. - 10- 08/15/06 9.1{. RESOLUTION NO. 53-06 (BUDGET AMENDMENT): Consider approval of a resolution making amendments to the adopted budget for FY 2006. The caption 'If Resolution No. 53-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING RESOLUTION NO. 72-05 ADOPTED SEPTEMBER 20, 2005, RESOLUTION NO. 18-06 ADOPTED APRIL 18, 2006 AND RESOLUTION NO. 27-06 ADOPTED MAY 16, 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 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. 53-06 is on file in the City Clerk's office. ) The City Manager stated this amendment is primarily to take care of a grant the city received from the state and move it into the general fund from the beautification fund. Also, there is a small change in the HOPE III grant in Community Development. Mr. Levinson moved to approve Resolution No. 53-06, 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. 9.L. APPROVAL OF NOMINATIONS FOR THE ANNUAL FLORIDA LEAGUE OF CITIES EXCELLENCE AWARDS PROGRAM: Consider approval of the nomination of Susan A. Ruby in the Category of City Attorney of the Year; Joseph Safford in the Category of City Finance Official of the Year; Mayor Jeff Perlman in the Category of Mayor of the Year; City Employee of the Year and the City of Delray Beach in the category of Florida City of Excellence for the Florida League of Cities Excellence Awards Program. All nomination packets must be received by the League by Friday, August 18,2006. The City Manager stated this is a request for the Commission to consider approval of the nomination of Susan A. Ruby in the Category of City Attorney of the Year; Joseph Safford in the Category of City Finance Official of the Year; Mayor Jeff Perlman in the Category of Mayor of the Year and the City of Delray Beach in thet - 11 - 08/15/06 Category of Florida City of Excellence for the Annual Florida League of Cities Excellence Awards Program. The City Mallager stated the Employee of the Year application will be for Tim Simmons with the Parks and Recreation Department. 1 Mrs. Montague moved to approve the nominations for the Annual Florida League of Cities Excellence Awards Program, 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.M. COUNCIL REPRESENTATIVESIFLORIDA LEAGUE OF CITIES LEGISLATIVE COUNCILS: Designate City representatives to the Florida League of Cities' newly created Legislative Councils. The City Manager stated the Florida League of Cities has announced a revised structure to its legislative policy process and expanded the scope of its current committees by creating Legislative Councils to address and consider a wider range of issues that affect Florida's municipalities and focus on issues that will be debated in the Florida Legislature. The City Manager stated he intends to continue his participation. Mayor Perlman encouraged the Commission to take part in this and one of the issues with term limits is that they cannot move up in the pecking order of the Florida LeagUe of Cities. However, one of the ways the Commission can be effective in the organization is by being involved in the policy committees. The City Manager stated he prioritized the categories and listed them as follows: (1) Home Rule Administration Council; (2) Urban Planning Council; (3) Fiscal Stewardship Council; (4) Municipal Service Delivery Council. Mayor Perlman stated it makes sense to have the City Manager on the Home Rule Administration Council. Mr. Fetzer stated his first choice would be the Urban Planning Council. Mrs. Ellis stated her first choice would be the Fiscal Stewardship Council. Mrs. Montague stated her first choice would be the Municipal Service Delivery Council. The City Manager asked the City Clerk to submit the names of the Commission and their priorities to the Florida League of Cities. - 12- 08/15/06 Mr. Levinson moved to approve the names and the priorities as identified, 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 i..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. 42-06: Amendment to Land Development Regulations (LDR) Section 4.6.9(E)(3), "Location of Parking Spaces", relating to increases in the in-lieu parking fees. 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. 42-06 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 4.6.9(E), "LOCATION OF PARKING SPACES", SUBSECTION 4.6.9(E)(3), "IN- LIEU FEE", TO PROVIDE FOR A CHANGE IN THE IN-LIEU FEE AMOUNTS CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-06 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 ofthe City ofDelray Beach, Florida. Scott Aronson, Parking Management Specialist, stated the in-lieu program has not been reviewed since 1999. At the last City Commission meeting, staff did a comprehensive review ofthe fees currently being charged in the in-lieu program. Mr. Aronson stated the first step was to get the estimated construction costs. Two estimates were used for Block 69 garage which is part of the Worthing Place Project and the estimated cost of those estimates were approximately $34,000 per space. The Old School Square garage came in at $28,000 per space. Staff averaged the two and came up with an estimated construction cost of $31,705 per space. Staff went through the areas parcel by parcel and got the current land values (both the average land value and the median land value) for all of the parcels in the various areas (Area 1, 2, 3 and 4) and - 13- 08/15/06 came up with the per square foot price ofland (i.e. Table 3). 1 With regard to Table 4, Mr. Aronson stated in parking garages the estimate was done with a tln:ee level parking garage of 300 spaces and the square footage per space required is 155 square feet per space. Staff took the average and median land values x 155 square feet each and the median land values are the most accurate. Land value per space is $14,000 in Area 1; $9,800 in Area 2; and a little over $8,000 in Area 3. At its meeting of July 25,2006, the Parking Management Advisory Board (PMAB) forwarded a recommendation to the other Boards of a 30% increase in Areas 1, 2, and 3 with no increase to be imposed for Area 4. This recommendation has been supported by the Planning and Zoning Board, the Community Redevelopment Agency, West Atlantic Redevelopment Coalition and Pineapple Grove Main Street Board. Concerned with potential negative impact, the Downtown Development Authority (DDA) felt no increase was warranted at this time and recommended further review next year. Staff reiterated that with the 30% increases the new fees would go in Area 1 from $14,000 per space to $18,200; Area 2 would be from $12,000-$15,600 per space; and Area 3 would go from $6,000 to $7,800. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 42-06, the public hearing was closed. Prior to the vote, Mayor Perlman stated he likes the recommendation of an annual review. Mr. Fetzer moved to adopt Ordinance No. 42-06 on Second and FINAL Reading, 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 passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 35-06 AND RESOLUTION NO. 36-06: Consider approval of Resolution No. 35-06 and Resolution No. 36-06 authorizing the City to sell City owned projerty located on the east side of SW 10th Avenue approximately 250' south of SW 10 Street and on the north side of SW 11 th Street between SW 1 Oth Avenue and unimproved SW 11 th Avenue to Southern Development Services, Inc. for the total amount of $22,453.00; and Contracts for Sale and Purchase between the City and Southern Development Services, Inc. The caption of Resolution No. 35-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH - 14- 08/15/06 COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRA Y BEACH, FLORIDA. (The official copy of Resolution No. 35-06 and Resolution No. 36-06 is on file in the City Clerk's office.) The caption of Resolution No. 36-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND' CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRA Y BEACH, FLORIDA (The official copy of Resolution No. 36-06 is on file in the City Clerk's office. ) The City Attorney stated these are resolutions authorizing the entry into a contract on two parcels of land that are not buildable separately but are buildable with the neighboring property owners. She stated one contract is for $13,253.00 and the other is $9,200.00 and noted there is a corrected resolution to reflect this. Staff recommends that the Commission approve both resolutions. Mr. Levinson moved to approve Resolution No. 35-06 and Resolution No. 36-06, seconded by Mr. Fetzer. 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.C. ORDINANCE NO. 40-06: An ordinance amending Section 37.39, "Conflict of Interest; Hearing Procedures", of the Code of Ordinances, which provides for summary adjudication of violations if the alleged violator fails to attend the Code Enforcement Hearing. 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. 40-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, - 15 - 08/15/06 AMENDING SECTION 37.39, "CONFLICT OF INTEREST; HEARING PROCEDURES", PROVIDING FOR SUMMARY ADJUDICATION OF VIOLATIONS IF THE ALLEGED VIOLATOR FAILS TO ATTEND THE CODE ENFORCEMENT HEARING AND PROVIDING A METHOD FOR SETTLEMENT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. " 1 J (The official copy of Ordinance No. 40-06 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. The City Attorney stated this ordinance is a result of the new process for Code Enforcement. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 40-06, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 40-06 on Second and FINAL Reading, seconded by Mr. Levinson. 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. At this point, Mr. Levinson stepped away from the dais. 10.D. ORDINANCE NO. 41-06: An ordinance amending Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances, Section 32.41, "Composition; Terms; Appointment", to clarify the composition of members on the Kids and Cops Committee. 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. 41-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH BY AMENDING SECTION 32.41, "COMPOSITION; TERMS; APPOINTMENT", TO CLARIFY THE COMPOSITION OF MEMBERS ON THE KIDS AND - 16- 08/15/06 COPS COMMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-06 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. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-06, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 41-06 on Second and FINAL Reading, seconded by Mrs. Ellis. 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. At this point, Mr. Levinson returned to the dais. 10.E. RESOLUTION NO. 32-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST. INC.: Consider approval of Resolution No. 32-06 authorizing the City to transfer/sell City owned property, located at N.W. 8th Avenue, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of$lO.OO. The caption of Resolution No. 32-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF DELRA Y BEACH WHICH PROPERTY IS LOCATED AT N.W. 8TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRA Y BEACH COMMUNITY LAND TRUST, INC., TO BE UTILIZED FOR AFFORDABLE HOUSING PURPOSES. (The official copy of Resolution No. 32-06 is on file in the City Clerk's office.) The City Attorney stated this resolution is a transfer of land to the Community Land Trust (CLT) and it corrects a legal description that was picked up during title search. - 17 - 08/15/06 Mr. Fetzer moved to approve Resolution No. 32-06, 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. ?'l ! I At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. 11.A. City Mana2er's response to prior public comments and inquiries. The City Manager had no response to prior public comments and mqumes. 11.B. From the Public. 11.B.1. Jim Smith. 1225 South Ocean Boulevard. Delray Beach. stated in his opinion, when the Seagate property was rezoned as a beach club, Planning and Zoning should have conducted a study to determine the appropriate number of parking spaces required for a beach club. Mr. Smith urged the Commission to direct Planning and Zoning to be proactive in the future and asked them to state that they do not tolerate overflow parking at the Seagate Beach Club. At this point, the Commission moved to Item 9.N., Settlement Offer/Charles and Elinor Mell v. FEC Railway, et ale 9.N. SETTLEMENT OFFER/CHARLES AND ELINOR MELL V. FEC RAILWAY. ET AL: Consider a Settlement Offer in the amount of $22,750.00 in Charles and Elinor Mell v. FEC Railway, et al. Staff recommendation is acceptance. The City Attorney stated this is a settlement that was reached at mediation subject to Commission approval. The parties agreed to settle the case for $22,750.00. Staff recommends approval of the settlement. Mr. Levinson moved to approve the Settlement Offer in the amount of $22,750.00 in Charles and Elinor Mell v. FEC Railway, et aI, 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. 9.0. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3) regular members to the Board of Adjustment for two (2) year terms ending August 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4), Mayor Perlman (Seat #5) and Commissioner Ellis (Seat #1). - 18 - 08/15/06 Mrs. Montague moved to reappoint Mel Pollack as a regular member to the Board of Adjustment for a two (2) year term ending August 31, 2008, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrii.. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he wished to reappoint Clifton Miller as a regular member to the Board of Adjustment for a two (2) year term ending August 31, 2008. Mr. Levinson so moved, 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. Mrs. Ellis moved to reappoint Harvey Starin as a regular member to the Board of Adjustment for a two (2) year term ending August 31, 2008, 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.P. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint four (4) regular members to the Historic Preservation Board for two (2) year terms ending August 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4), Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1) and Commissioner Fetzer (Seat #2). Mrs. Montague moved to appoint Jeannette Dobson as a regular member to the Historic Preservation Board for a two year (2) term ending August 31, 2008, 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. Mayor Perlman stated he would like to reappoint Maura Dersh as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2008, seconded by Mr. Levinson. 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. Mrs. Ellis moved to appoint Mark Fields as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson - No; Mrs. Montague - Yes; Mayor Perlman - No; Mrs. Ellis - Yes; Mr. Fetzer - No. Said motion was DENIED with a 3 to 2 vote, Commissioner Levinson, Mayor Perlman, and Commissioner Fetzer dissenting. Mrs. Ellis moved to appoint Livia Landry as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2008. Due to a lack of a second, the motion failed. - 19 - 08/15/06 Mr. Levinson moved to waive the rule (assuming the rule is two), 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. 1 I , Mrs. Ellis moved to appoint Jeffrey Silberstein as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2008. Due to a lack of a second, the motion failed. ,Mrs. Ellis stated she would like to defer her appointment to the next regular meeting. Mr. Fetzer moved to reappoint Linda Lake as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - No; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. 2&: APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council for Zone 1 for an unexpired term ending October 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Daisy Fulton as a regular member to the Neighborhood Advisory Council (NAC) for Zone I for an unexpired term ending October 31, 2007, 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. 9.R. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint four (4) regular members to the Planning and Zoning Board for two (2) year terms ending August 31, 2008. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner Levinson (Seat #3). Mayor Perlman stated he wished to appoint Deborah Dowd as a regular member to the Planning and Zoning Board for a two (2) year term ending August 31, 2008. Mr. Levinson so moved, seconded by Mrs. Montague. 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. Mrs. Ellis moved to reappoint Gary Eliopoulos as a regular member to the Planning and Zoning Board for a two (2) year term ending August 31, 2008, 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. - 20- 08/15/06 Mr. Fetzer moved to reappoint Paul Zacks as a regular member to the Planning and Zoning Board for a two (2) year term ending August 31, 2008, seconded by 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 a 5 to 0 vote. Mr. Levinson moved to appoint Joseph Pike as a regular member to the Planning and Zoning Board for a two (2) year term ending August 31,2008, 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 passed with a 5 to 0 vote. 9.S. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint five (5) regular members to the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2008. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Levinson (Seat #3) and Commissioner Montague (Seat #4). Mayor Perlman stated he wished to appoint Jeremy Office as a regular member to the Site Plan Review and Appearance Board (SPRAB) for a two (2) year term ending August 31, 2008. Mr. Levinson so moved, seconded by Mr. Fetzer. 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 o vote. Mrs. Ellis moved to reappoint Jose Aguila as a regular member to the Site Plan Review and Appearance Board (SPRAB) for a two (2) year term ending August 31, 2008, seconded by Mr. Fetzer. 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. Mr. Fetzer moved to reappoint Mark Gregory as a regular member to the Site Plan Review and Appearance Board (SPRAB) for a two (2) year term ending August 31, 2008, 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. Mr. Levinson moved to appoint Carolyn Farnham as a regular member to the Site Plan Review and Appearance Board (SPRAB) for a two (2) year term ending August 31, 2008, seconded by Mrs. Montague. 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. - 21 - 08/15/06 Mrs. Montague moved to appoint Sara Coen as a regular member to the Site Plan Review and Appearance Board (SPRAB) for a two (2) year term ending August 31,2008. Due to a lack of a second Mayor Perlman passed the gavel to Vice Mayor Ellis and then seconded the motion. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Levinson - No; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 2 vote, Commissioner Fetzer and Commission Levinson dissenting. 1 I. I ~ At this point, the time being 7:28 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 46-06: City initiated amendment to Land Development Regulations (LDR) Section 4.3.3, "Specific Requirements for Specific Uses" by enacting a new section 4.3.3 (00), "Multifamily Residential Buildings Equipped with Elevators" to require the installation of auxiliary power generators for all interior corridor lighting and exit signs; and at least one (1) public elevator. If passed a public hearing will be scheduled for September 5,2006. The caption of Ordinance No. 46-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR "ZONING REGULATIONS", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SECTION 4.3.3(00), "MUL TIF AMIL Y RESIDENTIAL BUILDINGS EQUIPPED WITH ELEVATORS", TO REQUIRE THAT ALL NEW MULTIFAMILY RESIDENTIAL BUILDINGS THAT ARE EQUIPPED WITH PUBLIC ELEVATORS AND APPLY FOR A BUILDING PERMIT AFTER THE EFFECTIVE DATE OF THIS ORDINANCE PROVIDE AUXILIARY POWER GENERATORS FOR ALL INTERIOR CORRIDOR LIGHTING AND EXIT SIGNS AND AT LEAST ONE (1) PUBLIC ELEVATOR AND CERTAIN EXISTING MULTIFAMILY RESIDENTIAL BUILDINGS THAT ARE EQUIPPED WITH PUBLIC ELEVATORS SHALL HAVE SIX (6) YEARS FROM THE EFFECTIVE DATE OF THIS ORDINANCE TO PROVIDE SAME; PROVIDING FOR THE WAIVERsOF BUILDING PERMIT FEES; PROVIDING A I - 22- 08/15/06 SAVING CLAUSE, A GENERAL REPEALER AND AN EFFECTIVE DATE. (The official..copy of Ordinance No. 46-06 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Mr. Fetzer stated he is happy with this change and commented it gives the condominiums that have less than 75 feet high some ability to waive that if it does not fit. Mr. Fetzer stated several condominium associations objected to the other ordinance because they felt it was going to create some financial hardships. He stated this ordinance puts the responsibility on the condominium associations for those situations. Mr. Fetzer moved to approve Ordinance No. 46-06 on FIRST Reading, 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.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. l3.A. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. City Mana2er The City Manager had no comments or inquiries on non-agenda items. l3.B. City Attorney The City Attorney stated the City received an order on the Vista Del Mar motion for rehearing that was not favorable and staff would like to proceed with an appeal. l3.C. City Commission 13.C.1. Mr. Levinson Mr. Levinson stated he is sorry Commissioner Ellis got sick at the Florida League of Cities conference. He stated he picked up some good ideas from colleagues around the state and noted the conference was very worthwhile. - 23- 08/15/06 13.C.2. Mrs. Montal!1le , 1 Mrs. M;ontague distributed business cards for the new Deputy Chief of Police. ". 13.C.3. Mrs. Ellis Mrs. Ellis commented about the Florida League of Cities conference. 13.C.4. Mr. Fetzer Mr. Fetzer commented on the Florida League of Cities conference and stated he appreciates the opportunity to attend. He stated they gave him a "first time attendee" for his badge and commented he attended the 50th conference in 1976. 13.C.5. Mavor Perlman Mayor Perlman commented about the Historic Preservation Board (HPB) appointments and stated this has been an area of concern and noted this is nothing personal. He stated he welcomes Livia Landry to be a voice in this and asked if she would relay this to Karen Preston as well. Secondly, Mayor Perlman stated with regard to the Residents Academy we should move forward with planning something for the fall when people get back into town and get past hurricane season. He suggested reviewing the alumni list and bring them back as part of the City's outreach efforts. He stated he had the opportunity to address a young professionals group (22-35 years old) at The Falcon House. Mayor Perlman stated many of them live downtown or in neighborhoods adjoining downtown, and some have businesses downtown. He stated they are very positive about the city and many of them grew up in Delray Beach and have come back here to raise families and start businesses. Mayor Perlman stated the issue that came up was the affordability (rents downtown and elsewhere), insurance and taxes for businesses. He stated they cannot get a homestead and they are not eligible for "Save our Homes". Therefore, Mayor Perlman stated the commercial sector really gets hit hard and is a very high bar for these young businesses. Mayor Perlman stated in the Goal Setting Sessions Lyle Summek discussed tapping into our former elected officials network and creating an alumni association. He stated an alumni association would be an ability for future Commissions to connect to the past and be able to brief them on issues. Mayor Perlman stated he would like to pursue this (possibly with the help of Delores Rangel, Administrative Assistant) and suggested that a quarterly breakfast be held to solicit ideas. - 24- 08/15/06 Mayor Perlman thanked Commissioner Fetzer for helping do the table captain job at the Milagro Center. He stated the breakfast raised over $20,000.00 for the Milagro Center. ". Mayor Perlman stated he and Commissioner Levinson ran into former City of Delray Beach Captain Musco who is now Chief of Police in Green Cove Springs (population of over 6,600 people). Mayor Perlman stated Chief Musco was very homesick after reading the article about Delray Beach in USA Today. Mayor Perlman stated Chief Musco is implementing innovations that he learned during his career in Delray Beach. He stated he hopes to see everyone at William McCollom's dinner on Friday, August 18th at the Delray Beach Municipal Golf Course. With regard to the Florida League of Cities conference, Mayor Perlman stated he spent one day in the Florida Redevelopment Association Board meeting and the Florida League of Mayors and they did a great job of bringing in high level experts from the state and elsewhere. Mayor Perlman stated Leadership Florida ran the meeting and they gave briefings on the budget and the economy. He stated we are going to be entering some interesting times on a state level. Mayor Perlman stated since he will be leaving in approximately seven months, he wants to be a part of the start up because he feels they are going to deploy this as an effective force. He stated he wants to get a seat for Delray Beach at that table and he is hoping that we can maintain that seat as we go forward. Mayor Perlman stated he attended the Housing Leadership Council Lunch that was a joint meeting with the Boca Raton Chamber of Commerce and the Delray Beach Chamber of Commerce. He stated Representative Adam Hasner has been named to the Affordable Housing Task Force. He stated Clarence Anthony, Mayor of South Bay received the E. Harris Drew Award which is a lifetime achievement award given for a lifetime of service to the Florida League of Cities. Also, Mayor Perlman stated Carmine Priore was named second Vice President for the Palm Beach County League of Cities and noted there will be a Palm Beach County representative after next year. He suggested that the City Commission send a congratulatory letter from the entire Commission to each of these individuals. There being no further business, Mayor Perlman declared the meeting adjourned at 7:47 p.m. - 25- 08/15/06 \sl.._. ~ .~. \:J~:.J City Clerk 1 ATTEST: !Jzfh lOb. 1\ 0 R ---- 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 August 15, 2006 which Minutes were formally approved and adopted by the City Commission on September 5, 2006 ~~~\)j \J~j 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. - 26- 08/15/06 FORM 88 MEMORANDUM OF VOTING:C'ONFLICT'FOR . COUNTY MUNICIPAL AND OTHER LO'CAt PO'BIJCO'i=PICERS. ' , '. .'. ........ '. . , .' .' . ..' .. . , . 'lAST NAME-FIRST NAME-MIOOLE NAME NAME Of'8OAAO. cOuNCIt.~ COMMISSIoN. AtinioRfty. OR COMi.tmEE;.,. Perlman, Jeffrey L. . De1:r::ay, ~ea,ch,<;ity COlll:IIli$sio~ MAlUNG ADDRESS 1lfE 6OAAO; COUNal. COMMiSSION. AUTHORfTy OR COMM~ ON ' 971 Delra Lakes Drive . WH!<;tlI~~AllNlTOF: ".....' CI1Y COUNty OIlY QCOUNTY QOTHERl.OCAl~ NAMl; OFPQt.rTIC.4\tSUBOMSIdN: . Del a . Beach 'FL 3:3444J?aim"Cit' of DelraBeach' OATeONWHlcHVOTEOCCUAAeO 'MY,POSI1lON IS: ~, -, ~.". 'Q I APPOIN1lVE . ~! : WHO MUST FILE FORM 88 This fonn is fQ( use by any person serving at the col!nty, city, or other 1~llevel of gO~,emmen~ em anapp()in~~~greleq~,l:>o.,ar~~:~l\nqik,. '. '. commission, authority, or committee. It applies equally to members of advisorY 'and. non~advisotY bodies Who, are preserit~ with 'a'voting' . . . cOnOid of intereSt under Section 112.3143, Florida Statutes."., "'.< ,",' 'C'.'-, ',. . . .' . ..,: ." ...".: ,.... ",' ",' ,..".:. .'.::d..;.:.... ',. ""1'.. Yourresponsibi~tles underJh~law when faced with voting on a measure ioWfiiCh y8u have aConmci6rintere's~Wlfi:~a;ygi-eatly ~eP.eOdjng ,on whether you hold an elective or appointive position: For .this reason, plea~epaycloseattenlion to: the ioStniolions"oo tftis,'f~6efore . oompleting the reverse side and filing the form. ,-:- , . . . 'For purposes of this law, a "relative" includes only the officer's father. mother. son. daughter, husband, wife, brother, sister,father-io-faw. tnother-in-law, son-in~aw, aMdaughter-in~aw: 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 (wtJere the shares of the .oorporation are not listed on any national or regional stock exctiange). . .. ".... ,', -' . ..,' INStRUCTIONS FOR COMPLIANCE WITH.,SEC1:IQNJ1?3143;t.f~ORtDA;~'f~J.Uy6S:<;(' ," : . '. ":". - ,.; "- --,' -, ."'" "-. - ." > ';', '-. - . ';". f -'. - . '~"_ ", ' . '. _ : . '.' ?~_,." '~:~. ',' . '.'_ ."" . A person holding elective or appointive county, ffilJnicipal, or other I,ocal Pub!icQfficeMUSJ;J\6STAiNfrQrt.l;ifOU!'l9:off:a"till'msU(~vmi~ " _..:-...~..-..- :""..:"- ,,-,"".'--:'-'_."":':~"'>'-.---".:" <.'.,.~ ..:::";', c..;..'..:..--..,',..._.....:.,' ...._,....':.. "-," ....._ ....,.....,..-... .._....__,. ~," _":,'_': ",_~~'I,:" ,inures to his 0( her special private gain orI05s.: E;ilchelected or appointedlOciil officer.also is prohibited fromimoiNlngly voting ona rriea~ . StJo~ which inures tathe special gain or loss of a principal (other thana governmenragency) bywhom h?or sheisretaiQed(i~cl!:ldW9the parent orgaf1~j1ti~ors~bsidialY'9( acorpor.ateprincipal, by, which he Of she is. rel3ine<l);to the specia!priv~,tegaiU9(IQ$s' of!lI.r~tatlv~; or . . to th.e s~t'p~iY.~tti ~in-.O".k>$sgf abusinessa$sOciate.Comtnissioners Of~itli~onuyredeVeloprfi~nt agencies'oh4~r~~;i6~.~560t . ,.~63.351; F.S.,'andofflceis of independent special tax districts elected ,oriaone-acre.one:vOte basisa(e notprooibltkld'frQ'rri voting in that ~pacity. . . ELECTED OFFICERS: .* In addition to abstaining fr6m voting in the situations described above, you must disclose the conflict: , PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-' utes of the meeting, who should incorporate thefonn in the minutes. '. * APPOtNtEO OFFICERS: . . . . - .. A1thoyghyou Ol~st abstailJ frOn:t.vqting to t!le.situa~l9fa~ d~Cribedabo\(e. you othflIWise 'nlayi.participate in these matterS: HOWever,' yci1J. muSt.diSdose .~. ~ture of fhe'COllflictbefore making<,a(lxatte~pt.'toinflll~ the~edSion. Whether orally otinwriting atid'wheull~rm~de byyouC)r'atycitj{di;.ediOO~ .... . ., . . : ..- . IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING ATWHICH THE VOTE WllLSE . . TAKEN: . Yoo mustcomptete and file this form (before making any attempt to influence the decision) with the person responsible for recor-dingthe minutes of the meeting. Who will incorporate the form in the minutes. (Continued on other side) . ce FORM 88 - EFF. 112000 ITEM 9.A PAGE 1 \PPOINrE[) ~Ffl<:.~R~~~~!,~i9.~c.I),~, .',;0 . ',' .. ..: ,..... "A~~~~~~;~,~Jl1e:+<~Of~.~, .'1be'f6rin .i'ricjSt.h&,ieadput;)l~'at~llext meetiooa,ft~(ttUl..tOffil.isfi(ed. . ; ::,',_. :;.;-_... '.: ""3~'-~'~ ;:i'~:'.' <' ~: ....<::.: ...' -.')\:': -". __' ", F YOU MAKE NO:AT!€MP-rTel,~F(>>~~<;~.!H~9E<?l:S.~o'~CEPT BY DISCUSSION AT THE MEEnNc:;: .; ......... '.'.,"',', -,"'_,~.'::'" .'.. _..,-....'....~..il~.:-~..;....<..:.,..~...:, ~,'" ..__f......-.:...:,.__... . . You must 'alSClOse oial!y the nature of yotir'~flict.i.nttiemea$~e before participating. . . . . . ,. .YoU ~u~OOmpcete1i'lefoHil andfde itwitriitl~f$~~yS'aft~:~iOte:'occurswith the~~~~s~~e, fQr,r~Qg the ~iI1Ut~so(.the · meeting, who must in<:orp<)fcltethe fqrmi.ll'~(1J)nUte$.,,~~'~ ~~ form inustbe pr6vided'irriiriediately to U1~ OU1efmem~"ofthe!' .' ' 'age'ncy. and lhef<!ffil must be' read pUblicly ci\,the nexi'm~tin~tattet:.the foon is filed. ' . .' . , . ,~' .. . . . . . . '.' "..t '. .. ~' ~: .~l' '" .. -- .' DISCLOSURE OF LOCAL OFFICER'S INTEREST Jeffrev Perlman . . .- . . . . . "''';_~_'-:-;~'<7::;._:~..~-1'':,:''>>:.~ .-.;:;:'~ -~ -.~'.: .': .r.._ . I: '.<: ::"~ , hereby disclose that on. :a)"'\:~a,$Uf~~~~~~~~e:bef~~~Ya9~~:~~.:(~;~)' ' _t. ~ Inured to my special private gain or Ioss~ ~.inured~.~~I;~~n,()(loss91TY",b.IJ~~~$;~~~t~f"'""" , < ' .' '~,::'i~~(~'~~'~:~~~aktor~~s ot:cUi~~rati~~> <:::'~it:~n~ ':Gq:lonna , '.:'_ I; ""!f ..:., ',,;:, :-".\\/: ~:-.,-;.:~'..' .. '.. ~I~ :.\ ',':-.,;".:"i ~_J;:i~.~;i-~... .~;;"i. ''\.;~c:,;:~~.:": . ,. ~:'<::'.i>>:~~ ,. :, -....... ~)i t.,.i-:>;.;;:;>:~.:i,~' . ~:. ;jr, ':r_ ":;;. ":~:..:,r~': '':'~ . < :.-: t. (:....~__..,'.~ ~ ~J~.:;:;:;,:... ;/~ ..i:,'.:"':-: , ) ~ !n~(ed. to the special gain or toss of ~ I a~ retained; Qr ,by' ,~ ,inured~ ~'S~~!~r,~,~~~ ~f :'~". ,:,,'-:4:><1'(' ~{.h:J ,~:>': ,(.' . '.', "i ..';', ":;,~,,: /7;'\<"';1':' "h'~fX:~'~'~:"'1~'ff.;;\~;~tr;,~:~:'~';';"'whIch , . is the' pfl(enf~lirlizc!ltidi\ brt;ub!;idial'};":6f'a: prihCipaf Mlithhas'rlrtairied me.' .' ..'." '. . .' .' I . . '. " ", ',' . ",' ~- -.-';.~ ,".-.l . .' . . , ."~' ,L. '., ..... : \: ~. '-... .,- "::!:~,: ",-; .' (b) i1le:~~ure.befdre ~yag:eticy:ar'j(Hhenattire"oFiriy',~IWn~i:i"fe(~tiit"the,'me~sur~js as fOUo~;;;; .;,. .,.;~:..':~, : ~< '.:,,:: ;, . .'-':'.'i;'~~ ',' ~jd~:,.i_;~",,~(--:,~~'-':<i ..!:,. '.. ,'--'( : ''-;::~:~:~..:'::~::~._~{i/i~:.-'''..}.;.:.__,.;..,.'.:-:., ' .", ' .... ~.~~- - .,~..:,._.. ')(~}""" ,'Ilt~~~~~r:f!~~~~~i~t~~F~:.:':~~~=~~:llit;\;~~~~"\" .Auguat:15; 2006 Oate Filed , .' . - NOTIqE:UNDt=R, PR9VtSloNS,~5;~9RtOA STATt1TES!i1~2.317; AF=AILU~t= TOMAI<~ANY. deq~.if(~llQI$:Q~R~'QitE" ' CONs-riTVTES'GRQUN'DSFOf{ ANri:MAY'BE' p(JNis~HEOeY ON~:' OR'MOf{E d~T;I4E F:6LLd\"li~G';:.!f..1p.EA~H~EN;r, . REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY,REPRlMANO; OR A CIVll,PENAI..,.l,Y NOT T() ~CeEQ;$JQ,OOO; . ." 't J ,ce FORM 88 - EFF. 112000 . , ..PAGE2 ... ':!.~~~. ":.' ,-.. . , FORM 88 MEMORANDUM OF VOTINGCONFLlCT.FQR COUNTY MUNICIPAL AND OTHER LOCJXLt>O'BL'ICOFFICERS " , ..', ,. "<. ' ',.. .. ' 'lAST NAME-FIRST NAME-MIOOLE NAME NAME ClFBOARO. cOUNCil. coMMl$S!oo.~, 00. COMMlTTEi: Perlman, Jeffrey L. ' De;l.rai, Beach.City COnuni,~~:i..Q;rr MAluNG ADORESS 1lfE BOARD. CouNCIl. COMMISSION. AUTliORllY OR COMMITTEE ON 971 Delra Lakes Drive Wl1!Cl:H~lSAUNITOF:'" " " CITY COUNTY OIlY 0 COUNTY OQl}lER.LOCALAGENcY Del a Beach' FL 3,3444 PaInt 8each ,\~i~~~=OO:'~e'adf'" DATeONWHIcti VOTE oCcuAAeo MY ~1l9NIS: ELECTIVE' ' , 0 \ APPOlNTM; WHO MUST FILE FORM 88 " , 'This form is fOr use by any person serving at the col!nty, city, or other local level of gov~mment on anapP9inJ~qqr~le<;te9~~d,,'~lIncil.. commission, authority, or committee. It applies equally to members of aditisolj:!lnd non-advis()fybodies' who, are preserit~ with a 'voting , ,conflict of interest under SectiOn 112.3143, Florida Statutes. ", '" "; "" ...-.:.":....\!;-~ ":'-.'. ..~.: , ' ';1". '. '_~-''-~:,fi Your responsibilities under tile law when faced wiUl voting on a measure in which you have aeonflict of interest'wllf*afy greaUy dePending on whether you hold an elective or appointive position. For this reason, please pay dose attention to 'the' iristt:'lictions' On this fOIl!1t>efore colTlpletingthe reverse side and tiling the form. INstRUCTIONS ,FOR CO MPLJANCE WiTH ~ECJION '112.:3143;,f~,QRlDA',~t;~r-U;i-E~";'1' . ",":' ~.~:':'.'.,-;: ,:,..-- .--"-..-.; -~ ....-,... ,.' -;-'. .:. ~~;~"" - , . - , . " A person holding elective or appointive COunty, m.uni<:ipal, orotherlqcql public office MUSTA8STAtNf(ofYf'votih9'Oni!~:mooStJ:(i3~iCh ..'"'-:~:''':''-'"":'''.'~<~-:'-,:,_:~-,-:;',--<,.:,,,~-.,."':"":'---~_::-:"'.'<,:-::,'~'-""'.. ',,".--' ':"~ :'" ,.......,.. .,' :".;:., :..~-"...:~~.j , ,inur~s to his or her special private gain odoss. Eadt: elected or appOinted iocal officer also is prohibited frorriknowing!y voting on a rriea~ ~u(e which inures to the special gain or loss of a principal (other than a govemmentagency) by whom he or sl1e.isr~~il)~d (if:l<<l~~i~,the parent orgart~a.ti(lfl.orsubSi~i~fy'i>r a cotPorate.pfioopal,by, whiCh he or she is retaif\ed);to thespeci<l,piiv.at~9a-iii,~rt(q~~ofi,~t.t.et<.it,l'v~;()r to the s~afp~v;ate gain at 10$< of a bUsioess:associat~.ComOlissioners of(;()m~ljnjty redevelopm~nt agenCieS"uo(,le~~~'1:.6~.8,5$ or ' : 163.351, F.$., a,nci 6fflcerS of independent spedaltax districts elected orl,a one-acre; one:vote basis-a(i3' notplphitiltecf'fr<intv6ting in that , capacity, j " For purposes of this law, a -relative- includes ,?nly the office(s father, mother, son. daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, aM 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 (wlJere the shares of the corpOration ,Bre not listed on any national or regional stock exchange). it " ,ELECTED OFFICERS: In addition to abstaining fr6ril voting in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you' are abstaining from voting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible forrecordinglhe min- utes oflhe meeting, who should incorporat~theform in 'the minutes. '. APPOINTED OFFICERS: Although you must, abstain from}(oting in t!le:situa<<QOS descri~d abo\(e.yo(JOIheIW~may;participate in UlaSe'matterS: 'Ho/i~ver,YdlJ' must ,disc;foSij 1M ",a.turedf the #flict before mal<ing::atlyatteIllPtto influence the decision, whethefOfally otin Wtrol'1g and'Wh~th~( m~de by you ()r'at~{d~reClj?rt' ", , " ' " ' IF YOU INTENOTO MAKE ANY ATTEMPT TO INflUENCE 11iE DECISION PRIOR TO THE MEETiNG AT WHICH THE votE Will BE TAKEN: . YoU must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording ,the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 ITEM 9.B PAGEt , , \p~i!~;aS;2!==~~~ ." IF YOU MAKE NO:ATTEMPTTOINFl..OalCETHE OECISlOOEXCEPT BY DISCUSSION AT THE MEetiNG: . - ,.,"~.. ..:.r.,~.'_""'~' ..._<...~~--\.. :-_-->::;:._;.~.:~.:.F:..-~~:_.. ~,-.~.:: .,',:..~__.,'::'.~}..;".~:-~_~.'..' -.' . Yau must '(fISdOse orally' the nature' ofyolJ<~ictiinttie measure before participating.' , . ".. ~....",:',"'i"~~'", ;~",_::,,-,.:.,_..'''. . '_:."'.:I~. . . .....:._... . (..... YOli must cOmpletQ'the fotmand,file itwithiri-1S'<1ays;afte,.-'~1oteOccurswiUl the~r~s~l?te for,r~~ the ~inutes Q(.u)e, meeting, who must inCOfpO!Clt~t!'\e fQr:ll\ in U\eminute$. A ~y.of ~e form inusfbe pi6Vided irri~iately to t~~ other.nefrtbets:ofthE{; , age'ocy. and the f~ must be feadpub1icly,atthe neXt:m~iin9 ~fte..the form is filed. ,,' , ,'. , n '. .. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Perlman , hereby cflSClose that on .:: ........ . .,'. ~ \ .. . ~. " . . . '. .- - . .. . -.. : (a) A:.MasOtt,\carril'1'Oi'~Il'oomebe(6remy ,agenCy~~'(~ one}, ", ;:.:f":'~,:":",, ".; ...:..~.::...:t'~. -.,.... ......- .,,', ",' ~.'-...'.' . .,-"'- -. ,~ inured to my special private gain or loss;' ' ~.. { 'i -,;-,', inured tq UlQ ~peci~i~ln, orlpss orll\Y,t)u~i~~s~;f)~ate., "'. .' , <." "X<;'2;1P&t~'.~~'Jtl~:~~;.~4~i~0;~~s9fm~ieiati~~.:. <:::'Pl.~i:l,~ ,CQ)..on,na,: ,'" ::....:-, !nured to Ute special gain or loss of Whom .. a~ retained; or , , < -:.':._', ~::__',;.~~ji.~';."'::' ~.:~~.:.~: .>~: .. '-';':\~~\:. .'.;~.;.... 'c.~ ;::.~'. :\". .: ....L;.,f .'. '.' . t~~~ . -i,:. ':-~..." .' ;'~:'!-: :r>.' ':~'.~'~f. '-::: '~'i.:;':- ". - . ~ . . . ~ ",'~ -~, '.)i-'''' ~;r' ,5",<.;;,;, .--~~.. ....: t:'~.~.~.';':".;,:~~'~~r.~; ,by .. 0:'" ' :inured'tOUte,speclatgainorlOss of' ,',' .,.' ,., ,,' .,', '"., ".,.., ,,',' ','""",'.,., "" .' ,','. ~.."h:<),,( !;\p;;;~!:,~iffT;::;~~~i:~';;~;:;y!>. ~which , -/~r:"-:-''''' i:-f"'. . .. . .)'_~a~~i~:l~:~~~:~~~~!t:~~~:: <. " . " l l r i , I ~.!-,Lt{ ... ~ ~ . . ~". ;'. .;, .. . ,"../, ; ..\.-.' .' r' j'..-' , ".: 1,..... ~ :-. . . .;' ,..~. -".' , ',,' ,August 15, 2006' Date Filed . . . .' :NOTICE:, ,VNQ~,PRP;VtSIQNS<DF~ORIDA STATOTES~1:12.311, A FAltu~~ ':r<jMN<g~y fil;Q.Q~AEO.ql$8~R~~Jl~ . CONSTITOTESGROUNOS.60R AND' MA'('BE' PtlNiS'HEOBY ONE 'oFf MORE OF' THE' f:'OttdWtf.JG:'IMPEJ\CHMgNT, REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRiMAND, OR'A . - -. . CIVIL BENAlJY N()T T9 EXCEED, $1,0,000,' ' '! J ,ce FORM 8B - EFF. 112000 "PAGE 2 . ;;.~':"": < . .,., Del, a Beach' FL OATeON WHlCHVOTE OCCURRED FORM 88 MEMORANDUM OF VOTING.CbfJPLlG'rfPB COUNTY, MUNICIPAL, AND OTHER LOCAt puat'COF:FIC~RS NAMe. Of8OAAO. cOuNCIl.. COMMiSsiof,(AUn.iOOfiY;OO cOMMrrrEE ' 'DelFaYBea.9h"citY~oll!ffii~-EiiQn ' 1lfE BOARD. COlINa( COMMiSSION. AUTHoRITY OR COMMlTn:e ON WHlctll:~RVI; IS AUNlH)f:, ,,')', ,- OIlY 0 COUNTY NI\Ml;OFPQt.fTlCA,tSU8OMsrbN:," " , " CHi' of Delra "Bea'ch aAYP,OSCI19N'lS: ~ ELEC1lVE' ' ' 0\ APPOIN1lVe ~. . .,. . :.~ ,.; 'lAST NAME~IRST NAME-MIOOLE NAME Perlman, JeffreyL. MAlUNG ADDRESS 971 De1ra Lakes Drive ,CITY ~ ~'1 WHO MUST FILE FORM 88 INSTRUCTIONS FOR C(jMPLlANC~WI!li",SE:C'Oq~,,',112.,314,3'J,,~4qgJP~,,~t~tyt.$~,;,,-,.,; . . : -. :' ,;,"': '-... - ,.'". . -. . ~.' t "- . - ,.... . . .~ "_.'." " . . '. " _., . This form is tor use by any person serving at the COl!nty, city, or other 1~llevel of gov~l11menton anaPl?oin~~~rel~qe.9I?9ar~~:COl!llcil. ,commission, authority, or committee. It applies equally to members of adviso.yandnon-advisdty bodies Who, are preserit~ with a 'voting , conflie( of intereSt under Section 112.3143, Florida Statutes.:.,., , ' . " -.". ,', ': ". "':' :,': . _'; .:' , .";,,; _": "-,:.:-' "'. ;';i;'_,:'\ ,'~ ........ :,: :" ;..:-.,,"~' , . _ .~-~ ~~i ~_~' '( )'our responsibilities under 1h.C3lawwhen faced wiUt 'voting on a measure in whiCh ybll' have aQ,nflict 6fioteres('Wllt'"\t~'fygr~uy deP.eOding on whether you hold an'elective or appoin,tiveposition. for~his,reaspn.plea~epay closeattentiontoitheioSth:ictions'oothls'fdilf\6eFore completing the reverse side and filing theform. ' , , , , A person holding electiv,e or appointive county.m~~icip<il. orQtherlqcalpubliCQfficeMUSTABSTAiNf(OI'l;l'Votiog,:oCi:a'measw-~\vl1iCb ,inures to his or her special private gairi6rt(jis:E~bhcl~~()(~p~rnt~d:'rdC<lloffiCeralsd is Prohibited frO~kh(}WingIY tofing<>h~;ri~, SUre' which inures tottle special gain or loss of a principal (other than a govemmeotagency) by whom he or she is ret(iined (inctu9ingthe ' '. - -' - - . - - . - .--'- - "- ,-'-- -',: - ': - ,-,- _,,--, ""':"'..'_' .,:.:_..::r....,.". _., .-.....: i:, parent organ~~~,.orsubs~i~ry!Qfa ~rpof<,\t~ prineipal,by, .whichh~ orsh~isre(ained.); t~ the $peclaLprivategaiO'9r'A~$'Of'a.tj,:ltative;0r ' to the speciatp9v:ate gain O('ls>~s'Q(aflusjnessas$PCi<lt~.CommisSjoners of!i>iTI~unityr~eveloPn'1entag-enqeS'd&der S~;163.956 ot ' : 163.351, F .S:. a~d 6ffic~iS- of independent special tax districts elected OR a one~aOre.<>ne:V()te basis ,i!i:e nbt prOhitfrtedfrSOi voting' in that ~pacity. , for purposes of this law. a "relative" includes <?nly the office(s father, mother. son. daughter, husband. wife. brother, sister, father-in-law, mother-in-law, son-in-law, aM daughter-in-law. A "business associate" means any person or entity engaged in or canyiogon a business enterprise with the officer as a partner, joint venturer, coowner of property, or corpOrate shareholder (wtJere the shares of theco,.poration ~re not listed on any national or regional stock exchange). ~ ELECTED OFFICERS: In addition to abstaining fr6m voting in Ute situations described above, you must disdose the conmct: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCuRS by completing and filing this form with the person responsible for recording Ute min- utes of Ute meeting, who should incorporate the form in the minutes, - . APPOINTED OFFICERS: Al~hyOU ~t!st abstain, ,fCQfl1 '(Qtiflg i~tta(3 :situa<<gns c1~bCd above. yoo oIhelWise -Olayi,p'artiCipatein-theSematterS2~ever;yoo, must.d1~siHhi!'~lure of QlecOOflict before making;anyattemp(toinfluenceu:.e;decision, whether orally otinwrit'i"g,-iltidwtleth~rmade by you C)('ii(yOlir'ditedion. ',','" """ d .,' '. ' ',;;, "', ;_ 'F YOU INTEND TO MAKE ANY ATTEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING AT'WHICHTHE VorEWIl1.SE ' rAKEN: . Yoo must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording ,the minutes of Ute meeting. who will incorporate the form in the minutes, (Continued on other side) CE FORM 88 - EFF. 112000 ITEM 9.e PAGE 1 ~- .. DISCLOSURE OF LOCAL OFACE~'S INTEREST ~.]' ~ . ~PPOIN~ <:?:~~I~_~~~(~q~~~~fJdl.l;1 ;",.',' _ ", ' ' , ,.'.; .. . " " , " A ~ ~~~'f9ln1,,~be,I)(~,~a!ety,tq the oJhefm~bers of Ole a~i, , ' , Tfie'~~~,f~d,,~~,~~~xt,~~q~'~ft.~(th~'f~is~~. ' ,.,. ,; , , IF YOU MAKE No' ArteMprT91~Fl.V~~1;, 'lHEPEqlS.Qtf;i;XCEPT BY DISCUSSION AT THE MEEnN<?: '_" ''-'....-'.' ".".':',': -";,::,,,,"-'- "': ~,-~ ..:,:;,,:-':-'-'r;J':--.~':,-:",~::,::-:, .:'....,,-,.'1"...- ";'~' You mustCrtSdoSe oeally'the nature of you(~ftic(!O UTe' rrieaSlJ(e before participating. , . YoU ~ust cornPtete~ form andfde itWithkt:j$;~ys;after'~~~occurswith the~on r~sjlOn~jble, for,~~(,fiogthemiitl.t~s ott,he:, , meeting, who must incorpo~te'UleJ~~U)6 rointrte$.Aa)py'Of the foc:m musfbe i)r6VidedimmeduJtet)- (0 ttae, othefmembei's,~thli; ~ agOOcy; 'and Ihe f~mU$t becea<Jpub1k!y.a(.tM,nextm~ng ilft~the fonn is filed. ,',', " :). I. Jeffrev Perlman ,.~.~ .; . ~ ;.',- ~,-, :. ";~<: . . hereby disclose that on .20_:" .'. , ..' - , .', . . . (a)Am&aStir~~~:or~iloooi~,'be(6t~~~:A~~~<&~~'(~Qne), ,- 'q' . ~.';o." ;",:; ~'.'~; ';-U:.:i .:...',~ ',-' -:" ~ ", :".-.~. .,;,-,' . ,- . .... .' _ 'inured to my special private gain or loss; -,-' inured to eM $peci~I,~inQ(lo,ssq1mY.;.~il'\~ss;~~~te~ ' ,.' "< ' ,.. 'X,','!i~~(~~"~:~~,ail\qr~~~~;t~~~,~~~~~,,:::,ti'i.~h~';'ctiionna': !nured to the special gain or loss of whOm .. am retained; or ~. :':. '_.:: ,::/:~.:__. "\"'~':Y'.,~:: :.;,~.-?~,':}:.',.~:.::. _ . ....:\.~.~:"i;: :(:;"~~'~:~:~~'{:(:::-, . .. ..' :"-';:(~:<:'Y>'>,~--;;''':~:ht:: ~..'A- ' ,-: "c." --, ..' ~ '_,.,." :<... ~.' '. .. .... . . . ~,,~ ~"">": ..)).:;-~:;,...- '~~::~'>"':' ,by .;':1 ~,;., August 15, 2006 A: Date Filed ',. ... "'. :.... " ~ ., .:: .r: ;.-.=: NOTICE:, l)NOE.R PR9V1SIQNS,tDF Fl9~IDA STATU1'ES~f12,.317, A FAltu~fr:fO':MAl<~'~Y ~EQu.ltiEQ OI~Cto~~, CONSTlTOTES,G~QVtios F-OR ANri\MAY"BE"PUNis'R't.OBV' ONE '6F{MO~E' OF"fAE"F6Ltdw!iN'd:jM~Ei\P'HMEN!~ REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REOUCTION,IN SALARY. REPRIMAND,OR A CIYIL PENAl,JY N()1: Tq EXCEEO,$1,o..OOO:', "." ,'! ' .. " , CE FORM 88 - EFF. 1/2000 ,~AGE2 " . \. ~ ':;''i:'' e'.~. . 'f. ,- , ..._ FORM 88 MEMORANDUM OF VOTING'C'ONFIJCTFOr{ COUNTY, MUNICIPAL, AND OTHER LOCAl.. POBLICOFf(Qe~$ lAST NAME-FIRST NAME-Mlodu: NAME Perlman', Jeffiey L. MAlUNG ADORESS I 971 Delra Lakes Drive CI1Y COUNTY 3:34'44 Palm Beach NAMeoFBOAAo.cOuNCIl.COMMlssroo.~. ORmMMlTlEE ' De),FaY,13ea,ch City cOIQm~1;;piQJ:l~ '- '. . niE BOARD. COUNcIl. coMMiSSION. Alffi1ORI1Y OR COMMlT1a: ON WI1I~I:~ISAUNlTOF; ','- OIlY ' a COUNTY ~Of: PoLmCAt.SUBOMSIdN: :"'Cit. ", of 'Oelra Beach "!Y e<<>sI1l9N IS:' I):: ELECTIVE' , 0 \ APPOINTIVE; WHO MUST FILE FORM 88 .- . - This fonn is for use by any person serving at the county, city, or other locallevelofgo~~rnment?n an appoiNedor~I~~ed.~ardi'~{!9I, commission, authority, or committee. It applies equally to members of advisorY'andn6n~advisoty bodies who are present~ with 3;voong , ' , conflict of intereSt under Section 1.12.3143. Florida Statutes. " i.: ' , , ,,"", .,','" .',<,',. ",'; '."....<::i;",.",:.., ,>."';'>, , Your responsibilities under Ule law when face9 with voting on ameasure-inwhichy6u have a conflict 6fioterest'will.:varygreatlydepending on whether you hold an' elective or appointive position. For,this, reason,plea~e'pay closeattentiooto' the iostrtidionS'on this:form ;6efore ColTipletingthe reverse side and tiling the form. ' : -~. ; H "U INSTRUCTIONS FORCOMPtlANCEWITH,SECTI9~1J2.~143"fi..Q.RtOA',S]"J:\tUtr;6s. '.;,.., ,"... ,,' . ',..,' 't' "'"" <', ' " ' ,;, ...",...., ',', .. '-f :~. , ".. A person holding elective or appointi~e~\Jn,ty.'lllu~iciPI~I~, oro,thef Ip~',B~J~'ij;BJti<:~~U9I:~A8STJ.\iN ~orn'~QtiOg'o/"a:rj1'eastl.(~~i~ " ,inures to his or her special private gain or Toss. Each elected or apPointed focal officer also Is prohibitedfrorii knowingly voting oha mea~ Sure which inures to the special gain or loSs of a principal (other than a government agency) bywh~m he' or she is, r~tairle.d, (iCl<;!l;Jdifo!S .the ",,"'nl "",~*",y",,!!<~,,{~ ""_., """<;",,,.> Wh;cO ..., "'iSie",i.~ki. \he' """"'1"""'lell''':~~I.i(<,,,,~~; '" tb the s/)eCiElJpfiliate $1ino(Io,ss;g(a'businessassa<:iate. Commissioners of~miilli~ity,i~everoPment agenqe~ui:lder~~;,1~3.{35q or '163.357, F :S:, and 6ffi~iS' of ind~pendent special tax districts elected on a one;'acre; hCle~vote basis '3 ('e , not prohibitedti<):m"vouog In' that <rapacity. ~or PUrposes of this law, a *relative* includes <?nly the officer's father, mother. son, daughler. husband, wife. brother, sister, father-in-faw, mother-iri-law, son-in-law, and,daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business ,enterprise with the officer as a partner, jOint venturer, COOwner of property, or corpOrate shareholder (wtJere the shares of the corporation are not listed on any national or regional stock exchange). .. , ELECTED OFFICERS: III addition to abstaining fr6m voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the min- utes of the meeting, who shoul~ incorporate the form in the minutes. . APPOINTED OFFICERS: ,A1lh<x19.h ,)'e>u m~ta~sta~~, ~~,YQtin~, in'~r,situa~s,~esClibed above~ 'Y<?\:lQthelWise 'maY:~Participatein', these' ina~e~: Hl?wever,. Y~9" , must diSdOse the ",atu,(e of the,.~nfflct bef~re making"ary ~ttemPtto.influence;th~decisi9n. whether orally orinwntingarid'wtJethar made by you ciratYoor'dit'eCtion. "'" _ , , - . . - IF YOU INTEND TO MAKE ANYATTE'MPT TO INflUENCE THE DECISION PRIOR TO THEME:EftNG ATWHICH THE VOTE: WllbBE . . -. - TAKEN: . YoU most complete and file this form (before making any attempt to influence the decision) with the person responsible for recording ,the minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 ITEM 9.D PAGE 1 W~~~~t~~r~~~~c. " . IF YOU MAKE NO:A1""ffi~p:r'r9INFl.~~~~'1'HE OEGlS~j~CEPTBY DISCUSSION AT THE MEETING: ' . . - '_ :.,.". . _-.:,' .':.__ ','. ~. ....(-'_ ,-'->' ". :;'~'. ;:.:. r'/?~~:": .<>.~-: ~- ..... :;:+.> ".>., _ _ _ . You must'diSdoSe oral(y'the nature of your:~~!R'tt1e nie~s~ before participating. ' , , , , You ~~c:Ocfip.e~'Ule foiiri and.fiie itwitH.iit~1.~;~yS'aft~:~~e;:occurswith the~ ~~SP<>O$il?leJor.r~c:ig th~,~inUt~qf,U1e:, ' " meeting. who must if1corporat~,tt\ef~ii,t, u,e, mffiUte$.A cOpY'9f ~e form must'be provided irrime<liatdy to th~ 9~",embets,:Ofth~{' ' agdncy; Soothe f~, must beread~bticl.y. attMnext:~ng,tiftec;the fonn is filed.' ' ',' " " . . n DISCLOSURE OF LOCAL ()FACE~'S INTER.EST ,.' Jeffrey Perlman , , <<~:t{~.~':..t,~,~'.~'k.;:--~ _::~t,i;."'-: : ~_.":- "_-;i" , hereby disclose that 00 !_( i-. .20_: ra)~;~~~~~f!~ll,~~e:bef~e ,~Y"~~~~K~i~:(~~)" -=- Inured to my special private gain or loss; ,,;,{ .' : ': !"-~:. . 1- I ~ ':" ,: '-' , , ~'lnul:edtq~~meci~I,$ilin,t)rloss91,'ffi}',bI;J~i~~s$;;.l~te",>, '.. ,,', ',,- 'i.;;~f~~;~~~:~';~~!'~ilt~~ ~t~y:r~~ti~~V~ ;,:;'?i~n,e,'.';~oio~na'. !~red,to the special gain or los,s of ,whOm I am retained; or ., . ~"-"~'.,' ," :,~"..:. .; :j~ .: .-'~;:~~_~~~.1~.:.;;+:.:~,-~;,~..;;~-;~~t~:'.\-...r::'_:> . , '. ".";'. ','..,,~,\.'\: 't;", ':;', ~,:'~'~r~',;~S,;.tI:~it~'~'~:;'?,;,}::f:', ,.by , ~inured,to the.specjatgainor lOss ?f', ' ",,".' ,,'," ,,'. ' , .' i;~':~~ i~;(\{:"1~ff~;;,;ii}';~i:Z:,1;;~1Which ~,~,~(.",:,.,',.,~,.:~,l'~'~'~~~~!-I., - 1";",-' ...:. .~ ,< ". '-,' ,;t ._, J' _. 1"1., .~. ~, '"";; -':~.i;~(:.;{~::.::.':~~~<'~:~~:~~~:.:~_,.~.~.~.'?':{>f.:r'~e.~(t~:h::,:~~:Y~~~:~;;'~.:"~'~'):~"' ~ , ',,))Ji~if~I'Cb'iQtm:a't:::~i1iy: w:ife", i~;i. Q:ir~o.t{)r: 0&' ,the Community 'R~~e;j:~IiO:f}1rt~~1t." -,:", ?~1: V', I " ',:'.Ag44ey""lthU{,J .',):. 'hav;e. ,aj?:onf,~i~t \1'~tin<J on items tha;t")<ffhd~,d;~~~'..~~f~<3~<' ,':,- '; '.,~.;;J~J1-~::,:.'q9~t::i_~:~~~,.'~e9.~YE;! l<QPn\~nt::,:A'gendy. ~ ' ,.,,; ;" .:,,/ ,:';".'""',","':,,;+"',: '..' , .\','..'" . '~"'; ,', ....~. .: ,~ ".:1"; , , :-:Augul$t:/lS; '2006 ' ' Date Filed !- :...... : . ,_ . _,_ _ ' ,'_ '_'~ ,__ . ",' _.,__". ,:....-._-> ,..,,:~;.!t~~._..._-;,. NOTlce~l,JNb~'P~9:-nSJONS.()F Fl-ORlDA STATU:rES~1.12,31i. A FAllU~t= TO MA\<gA,NY ~E(UJj'6~qQI$'~~q~E:. ' CONSTITUTfiS'GROUNOS 'FOR ANO'-MAY"BE' pUNisHetiBY ONE'bF{MO~E OF THE FOlLdWl~G:;'IMpEA~i:iMgN:T.., REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION,IN SALARX. REPRfMANO; off A clYn,.~~N~l,J:V N.()T Tg EXCEEQ.$1Q.QOO, ,i ' .. ~' J f-,Gt;2 . CE FORM 88 - EFF. 112000 .. - - . - . :~ .. ~. FORM 88 MEMORANDUM OF VOTING 'C'ONFLIC1'F'OF{ , COUNTY, MUNICIPAL, AND OTHERtOcAtpOa[ICoFFtC~RS. 'lAST NAME-FIRST NAME-MIOOLE NAME NAMEOF~. OOuNctl:COMMI$SIOO. AutHoRITY. bR'coMt.tlT'TEE" Perlman, Jeffrey L. ' De:tr:ay, Beach City conuni.#?siQ!l MAlUNG ADDRESS tHe BOMo-. eOUNcu..: COMMISSION. AlITHORITY OR COMMITTEE ON 971 De1ra Lakes Drive WH!~W~RVElSAW'-Il:rOF:' ',~' , CI1Y OIlY , a COUNTY ' a~ach NAMl;OFPQlrTlCAt,'SoooMSION: Cit. ';0 of '<DelraBeach' ,MY ~ll9N IS:: WHO MUST FILE FORM 88 'l'hiS form is tor use by any person serving at the county, city, or other Ioc<,\llevelof govemment on an app<?in~9<Jor.electe~,~.a~i,~nGiI. : .' .. '-. .... ., . "': -.'.)'.. :.- .. -. - : '-.,- :'. .' ;"...~ ,- ., -' .:"': -:..-:'....-:,.. .. .. ...: ., ."t~: . '; ',' _;'_ ..', ',_ .: _": commission, authority, or committee. It applies equally to members of advisorY and nOO"advisory'bodies who are present~ with a-voting , conflict of interest under Section 1.1. 2.3143, Florida Statutes., ,':.. 'your responsiJ)iIlties under the law when faced with voting on a measure in whiCh ybuhave 'a'con'iiici'6fifitei-eSf.-iAli:~~~rl~~~ty de~~ing _ 'on whether you hold an elective or appointive position. Far Jhis reason, pleas,e pay close attention to the instructions '00 this 't~' before 'COmpleting the reverse side and filing the form. . -.... . ,.. '- "iNSTRUCTIONS FOR COMPLIANCE WITH, SEC119N,112'R14,;lt~.1.;.9RI_9,A:;:'$.!~Ttitf:fi:~j,:'i' "" ".I,.:.:t..:.,~_ ,.'.: ... -~'.. ~', .. ...-~,.. :_ "'-'.'.""'-~.""'-t". .. '..' '.: ,I . ,A person hotding elective or appointiye ,county. ,m~f!icip~l. or othel'l~I~~blicpffice: ,M!JSlhA~S.T.!\i,N: fr,;ql11hY9tio9,~~.<tp*~~~,~# . inures to his or her special private gain or 105$. E~e1ected or appointed fOcal offieeralso is prohIbited frdoi knowingly votingoha: mea~ SUre which inures tottle special gain or loss of a principal (other than a government agency) by whom he or Sh~.is retain~ (i~cludi99the ' parentorganq:a.~i~n,()r ,subSidi~fY!Qta ~rwrate, plii~paIJ~y, Which h~o.r she is relaine'd.);to th~$pecla/PiivategaiO'9t' ~#Ofa't~r~tive;;or to the spgcialp~v.<iie 9\3in, or loss of a bu~inessdas~at~:Cornmissioners of~mlJlorlityr~evetoPm~nt agencies'ua(Mr~~;t1~:tl'56or ' :163.351: F.S., a,nd officers' of irldependent special lax districts elected oria one-acre.one:vote baSi~ta(~notprohibited'ftdm votingihltiaf capacity. For purposes of this law, a ~rel<1tive" indudes <?nly the office(s father, mother. son. daughter, husband. wife, brother, sister, father-io-fa"", mother-in-law, son-in-law, aflddaughter-in-law. A ~business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property. or corpOrate shareholder (wlJere the shares of the corPoration ,are not listed oil any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining fr6m votiilg in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 OA YS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording th~ min- utes of the meeting, who should incorpOrate Ih,e fOnn in the minutes. .' ,*' APPOINTED OFFICERS: , , ,Although you ffil!St abstain fromVQtin,g in ttle:situa~qn~ :d.escri~datxlve.,you,~~e 'l1laY~pa'rticipate intheseinatteci.: <<~ver;you:,' mustdi$dOseth~ ",attire of ihe <:Qnilid l>efdr~ mal<ihQ,a~y'~ttemp(to Influ,ence the decision; wh~her 'O~lIyot-inwritin9' arta'\\itJ~ther: tri~de bY'YOU'<<'at yOur'~~edion. ' , ' .. ," ' . - -. .., . ~ , -.' -- , ; . ,- ~ IF YOu INTEND TO MAKE ANY ATTEMPT TO INflUENCE T~E DECISION PRiOR TO THE MEETtNG A'I'WHICH 'rHEVoTEWllLBE TAKEN: . Youinust complete and file this form (before making any attempt to influence the decision) with the person responsible for recordiogthe minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 ITEM 9. E PAGE 1 wPo'Nr~~f.l9FF;'~Jf;~~(ffl~tr~~,)>. "~- ;' _< ,. ,;~;":,' , A~~'~~~>~~~~'~~~ety,tq~~-m~Oflhe~i' , , ~'fcXtnmcjSt,bEi;,~'~cly:at.tne.,t.eXl;ni~ti~'after;Itle.'i~ls' filed. F YOU MAKI;N~: ATiEM~r-'TOI~F(V~N~~~~'PEC{slQrf~cEPTBY DISCUSSION AT THE MEETING: '-. _..~.,'__- ~.):. .,. dO""'" _~.. ,":.'." ;~:".\:i~':;.'::::;-';.',/':'-':':':'" ~'...~.:-P'-<'&/:' .,'_; - -. You must 'disclOse orally the nature of yoor"c&lfilctJnttle nj~s!Jf'e before participating. " - ". . ~ .. "..- '" You must cOO1pk!~'the'foim and,rcie itwfthin:,t$;:c:ta~'after:~,~~\xxurswith the~n ~~s~jble for,r~rdiog ,the ~ii1Ut~Pf'\he:' · meeting, who must incorpofclte'Ulef~ .~,u,e roinute$. Aci>>py'~ If:teJOrm nlusfbeProVided immediately tOtf1~ othermembei's:~lthe; ,'... -. .' .. ,_ .' _'. . -., .', '. '. - :.... '. ......' r...,ti;' .-.: ....:. '.' ;. "'. ' ., . -' . . ~ . . agency; and the f~,must be(eadpubl~ atthe next'm~ngafter,the foon is filed. . .t. . .r. ,.' If n ~ J ,-- DISCLOSURE OF LOCAL OFFICER'S INTEREST Jeffrey Perlman :. .... .... .. '. ~~::_~~:/. .~j..:;i> '~'..: :::i, . . ~ " - - " ._,' - ..,~ oj' :' " . .~ ;:' .,',' ;,... : .:'.' '. _.": ,,'; :'_ , .' .;_" , ,..: ..' ,_: '. :a) A~$Ur~'~~,~lI~~~e.~~,~g~CYVJhi<;t\;(~,O~), . . ....,.....' ",-. ,', ~'.' '. ~ '. ' . ' :,' '__.~. '. . _. . < I.. ,.' _'", .... . " '. . . . ~. '~ufed to my special private gain or loss; --:- " loured ~ ~ ~~al,.QiiIln or lo.ss o1,~.bu~il\~S$~as,SQ9ia.e." "" - . , '~..~ii~fk~'~'~:~p.~algaiIlOr ~~ ,of mf~iative~-- ':: ni;an~ 'Colonna !nured to the special gain or loss of whOm I am retained; or . ..... ~:~?:ti:'.;~(iikri1i,~{;~,' ,in~ed~.~:',~=I'~~~:i~'~'~~ t, ;:~<):,;J'X;~,'~ !,-\.~<;;. ~;;:';,,:; ':~" "~v: ,. .<~,~ ' i;i'~' , :'^ . /YV~;F,;~'(~~th~~;y~,:,~t;~;:~;t~.tk~lch, is the~rentugaooatioo :olttobSidll:UY'Qf' a pnilcipat wtiibh ftasrfrtained mE!. (b)'~~~~~~f~ni'~~~Q~~.;~rtir~:riato;~[~f:rpr~~~~~:~~t~,,~t,ih:th~\.ri#S~f~:!s'~s'iolt6~~~ ' -,,' ',.., , -' .~" :':"'l~i~~;~~:~~$~f!~t~~~~:,,":~e~~:='~ii',I'(~;~!r~f;ii" :. " " :. . ',:':,A.U:gust 1:5.,2006 Date Rled ;', ; , N~TICE:Ulib~ftPRQYtSJON$:aFF~oRtOA $TATUtB?~'l~~2~31i, ,A~NtU~F .TO~~gA,Ny<<~q~.i~~,[)(~~y'P~~;: ' CONSHrUn~SGR(1)NDS FOR ANfj'MAY"'BE' PUNfSHEUBYONE'OR'MOREOF T"HE FOLLdWiNG:'IMP8\CHMI;:f\ll. " - . I'.. ." - :"' .' .,:_:"'..,_,,;,:.;, - ':, _ " _ REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRiM~(); OR A CIYI,L PENALJr N(:)T TO EXCEEO$1Q.OO<);; , , " i j . ce FORM 88 - EFF. 1/2000 .,,~^Gf:;2 ".;,:,,',,"