09-19-06 Minutes Reg
SEPTEMBER 19. 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, September 19,2006.
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Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Fred Fetzer
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of
silence in memory of Brahm Dubin who managed the City's golf and tennis centers and
also Mary Sheriff who is the mother of Vice Mayor Ellis who passed away last week, and
Bill Wood, President of the Chamber of Commerce, whose father passed away.
2. The opening prayer was delivered by Father "Chip" Stokes with St. Paul's
Episcopal Church.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there has been a request to postpone Item 9.B.,
Conditional Use Extension and Waiver Requests/Avenue East (FKA Grove Square)
to a time certain of October 3, 2006.
He stated there is a revised copy of Item 10.G., Ordinance No. 47-06 and
moved this to the first public hearing item per the City Attorney's direction.
Mayor Perlman stated he would like to add Item 7.B., Presentation in
reco2:nition of Robert Barcinski. Assistant City Mana2:er.
Also, he stated there is revised information for Item 8.D., Chan2:e Order
No.2 (Contract Closeout)/Final PavmentIMor2:an Roofin2:. LLC./Old School Square
Re-roofin2: Proiect and noted that the revised final payment is $30,928.00 instead of
$28,176.00.
09/19/06
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to
o vote.
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APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the SpeciallW orkshop
Meeting of September 12, 2006, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Walk Our Children to School Dav - October 4.2006
Mayor Perlman read and presented a proclamation hereby proclaiming
October 4, 2006 as Walk Our Children to School Day at Village Academy. Scott
Aronson, Parking Management Specialist, came forward to accept the proclamation and
gave a few brief comments.
6.B. Delrav Beach Police Department Volunteer Homefront Security Unit
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Delray Beach Volunteer Homefront Security Unit. Chief Schroeder
came forward to accept the proclamation and he gave a few brief comments.
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7. PRESENTATIONS:
7.A. C.L.A.S.S. Of Palm Beach County. Inc. - Frances Carter
On behalf of Frances Carter and the C.L.AS.S. Program, Cynthia Ridley
stated this program has helped children with their homework.
A few students (Grace & Rickie) came forward to give a few brief
comments and stated C.L.AS.S. stands for Children Learning in After School Sessions.
Ms. Ridley presented the City Commission with "Thank You" cards.
7.B.
Mana2:er
Special Reco2:nition Award - Robert A. Barcinski. Assistant City
Mayor Perlman presented a Special Recognition Award to Robert A.
Barcinski, Assistant City Manager for thirty (30) years of service in local government.
Robert A. Barcinski, Assistant City Manager, came forward to accept the
Special Recognition Award and thanked the City of Delray Beach for being able to serve
the community, the citizens, the City Commission and the City Manager.
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8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL/1207 SOUTH SWINTON
AVENUE: Approve a request to defer the installation of a sidewalk in front of 1207
South Swinton Avenue. Staff recommends approval.
8.B. REQUEST FOR SIDEWALK DEFERRAL/929 BANYAN DRIVE:
Approve a request to defer the installation of a sidewalk in front of 929 Banyan Drive.
Staff recommends approval.
8.e. CHANGE ORDER NO. 3 (CONTRACT CLOSEOUT)IFINAL
P A YMENTIRANGER CONSTRUCTION INDUSTRIES. INC./2005 STREET
RESURFACING PROJECT: Approve Change Order No.3 (Contract Closeout) in the
amount of a $55,020.25 decrease and final payment in the amount of $17,623.16 to
Ranger Construction Industries, Inc. for completion of the 2005 Street Resurfacing
Project. Funding is available from 334-3162-541-61.17 (General Construction
Fund/2005 Resurfacing).
8.D. CHANGE ORDER NO. 2 (CONTRACT CLOSEOUT)IFINAL
PAYMENTIMORGAN ROOFING. LLe./OLD SCHOOL SQUARE RE-ROOFING
PROJECT: Approve Change Order No. 2 (Contract Closeout) in the amount of
$2,752.00 and final payment in the amount of $28,176.00 to Morgan Roofing, Inc. for
completion of the Old School Square Re-roofing Project. Funding is available from 334-
6112-572-46.12 (General Construction Fund/Old School Square Roof Repair) and 551-
1575-591-45.50 (Business Insurance FundIProperty Claims).
8.E. SUBGRANT AGREEMENT/STATE OF FLORIDA DEPARTMENT
OF EMERGENCY MANAGEMENT: Approve and authorize the Mayor to execute a
Sub grant Agreement with the State of Florida Department of Emergency Management
for acceptance of a grant in the amount of $103,598.00 for the Fire Station #1 Wind
Hardening Project. The City's share of the project cost is $34,532.00. Funding is
available from 334-2311-522-62.87 (General Construction FundlBuildings/Storm
Hardening).
8.G. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL:
Approve a funding agreement between the City of Delray Beach and Children's Services
Council (CSC) in the amount of $315,702.00 for the City's out of school program, day
camps, and summer camp programs.
8.H. 2006-2007 AGREEMENT/CHILDREN'S SERVICES
COUNCILIBEACON CENTER AT VILLAGE ACADEMY: Consider approval of
the 2006/2007 agreement between the City of Delray Beach and Children's Services
Council (CSC) in the amount of $853,622.00 for programs and services carried out under
the Beacon Center at the Village Academy.
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8.1. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $25,782.75 to South Florida Construction (625
S.W. 7th Avenue). Funding is available from 118-1924-554-49.19 (State Housing
Initiatives Partnership (SHIP) ProgramlHousing Rehabilitation).
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8.J. ACCOUNT FUNDING CHANGEIHOUSING REHABILITATION
DEFERRED PAYMENT LOAN: Approve an account funding change from State
Housing Initiatives Partnership (SHIP)/Housing Rehabilitation (118-1924-554-49.19) to
Community Development Block Grant (CDBG)/Housing Rehabilitation (118-1963-554-
49.19) for one (1) housing rehabilitation deferred payment loan (220 N.W. 2nd Street).
8.K. LANDSCAPE MAINTENANCE AGREEMENTffROPIC CAY
TOWNHOMES: Approve and accept a landscape maintenance agreement between F.P.
Dino & Associates and the City for the Tropic Cay Townhome Development.
8.L. PURCHASE ORDER INCREASE/GUIDANCE PATHWAY
SYSTEMS. INC.: Approve an increase of $51,764.57 to purchase order #635573,
Guidance Pathway Systems, Inc., for changes and upgrades needed for the Wayfinder
Sign System which was damaged by Hurricane Wilma. Funding is available from 551-
1575-591-45.50 (Business Insurance FundlProperty Claims).
8.M. PURCHASE ORDER INCREASEIPOOLSURE OF SOUTH
FLORIDA. INC.: Approve an increase of $19,000.00 to purchase order #621529,
Poolsure of South Florida, Inc., for the bulk purchase of Sodium Hypochlorite. Funding
is available from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals).
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8.N. MEMORANDUM OF UNDERSTANDING/PALM BEACH
COUNTY MULTI-AGENCY CRIMES TASK FORCE CRITICAL INCIDENT
PROTOCOL: Approve a Memorandum of Understanding with Palm Beach County and
various Law Enforcement Agencies in Palm Beach County for the Multi-Agency Violent
Crimes Task Force.
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period September 5, 2006 through September 15, 2006.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to A2000 in the amount of $53,000.00 for the
purchase of Cisco 6509 main switch and to Anderson Telecom in
the amount of $30,000 for a fiber optic cable from City Hall to the
Police Station. Funding in the total amount of $83,000 is available
from 001-1811-513-64.11 (General Fund/Computer Equipment).
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2. Bid award to Super Linen Service Corp. for linen rental service for
the Delray Beach Municipal Golf Course Restaurant at an
estimated annual cost of $20,000.00. Funding is available from
445-4715-572-52.22 (Delray Beach Municipal Golf Course
FundlUniforms/Linen Service).
3. Contract award to Asphalt Consultants, Inc. in the amount of
$375,547.50 for the construction of the Chatelaine Subdivision and
N.E. 14th Street Traffic Calming Project. Funding is available
from 334-6130-541-63.89 (General Construction
FundlNeighborhood Enhancement).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed
with a 4 to 0 vote.
9.
REGULAR AGENDA:
9.A. CONTRACT AWARDSIPROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of a contract award to various insurance companies or
authorize staff to bind coverage as negotiated by our broker, Arthur J. Gallagher, for the
City's Property and Casualty Insurance Policies effective October 1, 2006.
Frank Babin, Risk Manager, introduced Lisa Rodriquez, Servicing
Representative with Arthur J. Gallagher.
Lisa Rodriquez, Arthur J. Gallagher (Broker), presented the Commission
with a variety of options they are still working on. She stated as a consequence of the
2004 and 2005 hurricane years particularly with respect to Hurricane Katrina and what it
did in New Orleans, this has had a significant impact on the insurance programs for
catastrophic areas. Ms. Rodriquez stated the items under negotiation and there are
several different programs that they are working on with insurance companies. She
stated many insurance companies particularly in the property segment are not providing
quotes prior to seven days before the expiration date of the program. Ms. Rodriquez
stated the City of Delray Beach has a self-insured retention of $500,000.00 across the
board (i.e. all third party liability coverage as well as the property program). In addition,
she stated there are layered programs with both casualty and property. This year the City
of Delray Beach has grown tremendously (31 % increase in total insurable values) and
part of this is because of new construction and the damage after Hurricane Wilma. The
values for the City are a little over $154,000,000.00 and they are looking at the insurance
companies that are currently on the program to see what kind of capacity can be provided
at a reasonable cost; the other program would be to carve out the water plant. The water
plant is special construction and there are specialized companies that are willing to insure
that type of exposure for a rate that is much lower than what is demanded in the
traditional insurance market place. Therefore, one of the programs would be to carve out
the water plant and have a layered program for all of the City properties with the
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exception of the water plant and a separate program for the water plant. Ms. Rodriquez
stated a third option would be to go to the Florida League of Cities which is a group of
cities throughout the state that put their resources together and share the insurance limits.
Ms. Rodriquez stated there is also another program which splits the property as well as
the liability.
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Tony Vela, Jr., Arthur J. Gallagher (Broker), stated they use the same
software that the insurance companies use when they are determining their pricing and
when rating agencies they are rating the insurance companies to see whether or not they
are financially viable. Mr. Vela stated with that tool they get a gauge of what a
reasonable amount of insurance is.
Mrs. Ellis inquired about the "seven day" item. Mr. Vela stated the
insurance companies have very limited capacity (which is how much insurance they can
take in aggregate) and is limited by how much dollars in reserves they have in the bank
and what the catastrophe models are which were changed in May 2006. It increased all
of the loss estimates by approximately 40%. Therefore, Mr. Vela stated this used up a
significant amount of dollars to take risk.
Mr. Levinson asked what is the 100 and 250 year probable maximum loss
(PML). In response, Mr. Vela stated the 100 year was $27,000,000.00 and the 250 was
$35,000,000.00. Mr. Vela stated there is a 5% deductible that applies to all Florida
property this year. Mr. Levinson asked if things such as shutters, hardening, etc. are
included in the calculation of probable maximum loss. Mr. Vela stated these things are
included in the calculation of probable maximum loss.
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The City Manager stated there are number of mitigation grants pending
and it has been a very slow process.
Mayor Perlman inquired about the premium range. Mr. Levinson stated
last year's premium (according to the backup) shows $1,515,631.00 and this year it will
be $1,965,779.00-$2,465,779.00 which is a 33% or a 66% increase for less coverage.
Ms. Rodriquez stated they look at the entire insurable values as an exposure and this
increased from $117,422,881.00 to $154,862,661.00 (a 31 % increase in exposure).
Brief discussion continued between Ms. Rodriquez and the Commission.
Mrs. Ellis moved to approve to authorize staff to bind coverage subject to
City Commission approval on October 3,2006, seconded by Mrs. Montague. Upon roll
call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Babin thanked Arthur J. Gallagher for their efforts.
9.B. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF
OCTOBER 3. 2006.
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At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.G. ORDINANCE NO. 47-06: Amendment to the Land Development
Regulations, Central Business District Section 4.4. 13(H), "Special Regulations", to
eliminate the nonresidential requirements on the ground floor along the west side of
Pineapple Grove Way, between NE 3rd Street and NE 4th Street; and Section 4.4. 13 (F)(3),
"Building Frontage and Front Setbacks", to adjust 3rd floor setback requirements for
single use townhouse structures along Pineapple Grove Way. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 47-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES
BY AMENDING SECTION 4.4.13(F)(3), "BUILDING
FRONTAGE AND FRONT SETBACKS", IN ORDER
TO ADJUST SETBACKS AND SECTION 4.4. 13(H),
"SPECIAL REGULA TIONS", PROVIDING AN
ALTERNATIVE TO THE NONRESIDENTIAL
REQUIREMENTS FOR FIRST FLOORS BETWEEN
NE 3RD STREET AND NE 4TH STREET ON THE WEST
SIDE OF NE 2ND AVENUE, UPON THE PROVIDING
OF CERTAIN COMMUNITY FACILITY SPACE AND
OPEN SP ACE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 47-06 is on file in the City Clerk's
The City Attorney stated this ordinance is a second reading and public
hearing; however, there has been a proposal to begin again with a revised version of
Ordinance No. 47-06 that provides for an alternative to not having non-residential on the
bottom floor. The City Attorney stated therefore there will be a first reading on this
ordinance (Ordinance No. 47-06) as revised with a public hearing on October 3,2006 at
7:00 p.m. (next regular City Commission meeting). The public hearing was held having
been legally advertised in compliance with the laws of the State of Florida and the
Charter ofthe City of Delray Beach, Florida.
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Paul Dorling, Director of Planning and Zoning, stated the amendment
relates to setbacks required in the Design Guidelines relating to the third floor. He stated
there is a required mandatory setback and what is being applied now is to not apply that
setback for townhouses so that you can achieve a front setback that is uniform up to three
stories. The other amendment relates to not requiring non-residential uses on the ground
floor. Mr. Dorling stated the ordinance is a compromise that the applicant has put forth
and basically it puts aside an open space element at the northeast corner along Pineapple
Grove Way to tie into an ultimate arch that is proposed, then, the retention of a unit that
would be dedicated as a community facility for art related functions on the southeast
corner.
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For the benefit of the public, Mayor Perlman stated they were faced with a
text amendment that would have eliminated the mixed use requirement versus just doing
residential which had some residents upset. Therefore, Mayor Perlman stated he spoke
with the applicant's architecture, attorney, and developer about seeing if we can come up
with something where we could honor the applicant's request to lower height and density
on the site which would respect the neighborhood and particularly Banker's Rowand
would somehow tie into the original vision of Pineapple Grove which was to be an Arts
District and retain some elements of a mixed use (i.e. a building that would be dedicated
to low cost space for artists).
Mr. Levinson clarified that on Page 5 of the ordinance there is a change to
Items 4, 11 and 6.
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Mrs. Montague asked if this is still site specific. In response, Mr. Dorling
stated it would just apply to this site.
Mrs. Ellis moved to approve Ordinance No. 47-06 FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 4 to 0 vote.
10.A. RESOLUTION NO. 60-06 (MILLAGE LEVY): A resolution levying a
tax on all properties within the City of Delray Beach for operation and maintenance and
for payment of principal and interest on bonded indebtedness for FY 2007.
The caption of Resolution No. 60-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, TO LEVY A TAX
ON ALL PROPERTIES WITHIN THE CITY OF
DELRA Y BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST
ON BONDED INDEBTEDNESS, AND TO
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ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 60-06 is on file in the City Clerk's
office. )
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida.
The City Attorney announced Resolution No. 60-06 that levies a tax on all
properties in the City of Delray Beach for fiscal year 2007. The millage is 6.86 mills for
operating and maintenance of the General Fund; .44 mills for the payment of principal
and interest on bonded indebtedness for a total of 7.30 mills. The rate of 7.30 mills is
seven tenths of one mill lower than fiscal year 2006 and the rolled back rate under the
TRIM law for operating purposes is 5.9464 mills. The millage rate is 16.52% above the
rolled back rate.
Mayor Perlman declared the public hearing open.
Claudia Willis, 160 Marine Way, Delray Beach, thanked the City Manager
for the compromise regarding the millage rate and stated any help is appreciated.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 60-06, the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 60-06, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to
o vote.
10.B. RESOLUTION NO. 61-06 (MILLAGE LEVYIDDA): A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2007.
The caption of Resolution No. 61-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF
THE CITY OF DELRA Y BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS THEREUNDER.
office.)
(The official copy of Resolution No. 61-06 is on file in the City Clerk's
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A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida.
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The City Attorney announced Resolution No. 61-06 levies a tax in the
amount of 1.00 mill on all properties within the Downtown Development Authority
Taxing District of the City of Delray Beach for fiscal year 2007. This millage exceeds
the 0.7152 rolled back rate calculated under the TRIM law by 39.82%.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 61-06,
the public hearing was closed.
Mrs. Ellis moved to approve Resolution No. 61-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
10.C. RESOLUTION NO. 62-06 (FY 2007 BUDGET ADOPTION): A
resolution making appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the period October 1, 2006 through September 30,2007.
The caption of Resolution No. 62-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRA Y BEACH FOR THE PERIOD FROM THE 1 st
DAY OF OCTOBER, 2006, TO THE 30th DAY OF
SEPTEMBER, 2007; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO
THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION
AND ALL RESOLUTIONS INCONSISTENT WITH
THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(The official copy of Resolution No. 62-06 is on file in the City Clerk's
office. )
The 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 announced Resolution No. 62-06 makes appropriations
of sums of money for all necessary expenditures of the City of Delray Beach for fiscal
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year 2007 as set forth in Exhibit "A".
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 62-06,
the public hearing was closed.
Mrs. Ellis moved to approve Resolution No. 62-06 (adopting the fiscal
year 2007 Budget), seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague -
Yes. Said motion passed with a 4 to 0 vote.
10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan and FY 2007 Capital Improvement Budget are consistent with the
Comprehensive Plan, and approve same.
Mrs. Ellis moved to approve the Five Year Capital Improvement Plan as
submitted, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
10.D. ORDINANCE NO. 51-06: An ordinance amending Chapter 52, "Water"
of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide
for increased residential, nonresidential, and irrigation rates for FY 2007.
The caption of Ordinance No. 51-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER", OF THE
CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION 52.34,
"WATER RATES", SUBSECTION 52.34(B), TO
PROVIDE FOR INCREASED RESIDENTIAL,
NONRESIDENTIAL AND IRRIGATION RATES FOR
FY 2007; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 51-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter ofthe City of Delray Beach, Florida.
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09/19/06
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 51-06,
the public hearing was closed.
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Mrs. Montague moved to adopt Ordinance No. 51-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 52-06: An ordinance amending Chapter 53,
"Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, ''User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for
increased sewer rates for FY 2007. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 52-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER
RATES; CALCULATION OF SEWER
SURCHARGE", SUBSECTION 53. 130(D), TO
PROVIDE FOR INCREASED RESIDENTIAL AND
NONRESIDENTIAUCOMMERCIAL RATES FOR
FY 2007; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 52-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open.
Shirley Johnson. 701 N.W. 4th Street. Delrav Beach. asked if there will
be a plan to eliminate the sewage dumping into the Atlantic Ocean in this. In response,
Mr. Levinson stated there is capital money for the continued movement of the sewer
plant to 100% reused quality water.
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There being no one else from the public who wished to address the
Commission regarding Ordinance No. 52-06, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 52-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 50-06: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
"Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling,
vegetation, and bulk waste collection service rates for FY 2007. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 50-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2007; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
office. )
(The official copy of Ordinance No. 50-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. The 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. 50-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 50-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague -
Yes. Said motion passed with a 4 to 0 vote.
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09/19/06
10.H. ORDINANCE NO. 45-06 (FIRST READINGIFIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 4.4.13, "Central Business District", to provide regulations relating to office uses
on the ground floor along Atlantic Avenue extending from 1-95 to Ocean Boulevard. If
passed, a second public hearing will be scheduled for October 3, 2006.
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The caption of Ordinance No. 45-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS
DISTRICT", SUBSECTION (B)(2), "PRINCIPAL USES
AND STRUCTURES PERMITTED", SUBSECTION
(D)(5), "CONDITIONAL USES AND STRUCTURES
ALLOWED", AND SUBSECTION (H)(I), "SPECIAL
REGULATIONS", TO PROVIDE REGULATIONS
RELATING TO OFFICE USES ON THE GROUND
FLOOR ALONG ATLANTIC AVENUE EXTENDING
FROM 1-95 TO OCEAN BOULEVARD; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 45-06 is on file in the City Clerk's
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office. )
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is to prohibit
office uses including banks and financial institutions on the ground floor along Atlantic
Avenue in the Central Core and beach areas and to allow up to 50% of the ground floor
along West Atlantic A venue as a permitted use and at a level greater than 50% as a
conditional use. Office uses would continue to be permitted for professional offices and
conditional uses for banks on floors other than ground floors on Atlantic Avenue and all
floors elsewhere in the Central Business District (CBD). The concerns over the
appropriateness of office uses came to the Commission over the conditional use approval
for the Bank United site. Mr. Dorling stated the request was approved by the City
Commission several conditions were placed on the site to maintain its compatibility with
the retail uses including extending the hours of operation and a commitment to have retail
displays on 50% ofthose windows. This amendment was initiated by the Commission on
December 6, 2005 when staff received another request for a bank on the ground floor
along Atlantic Avenue on the northeast corner of 6th and Atlantic Avenue.
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09119/06
Mayor Perlman declared the public hearing open.
Bonnie Miskel. 700 East Broward Boulevard. Fort Lauderdale
(Attornev representin2: Commerce Bank). stated although she believes the intent of
this ordinance is to maintain active uses on the Atlantic Corridor the ordinance is too
broad in its intent. She stated the bank she is representing is open for extended hours
seven days a week and in some jurisdictions they are open from 8:00 p.m. to 10:00 p.m.
and they start at 7:00 a.m. Ms. Miskel stated they are more active than retail uses and
they are also more of a retail facility because they provide services that are daily and
available to all of the residents of the community such as safe deposit boxes. Ms. Miskel
stated it is not practical to think that any bank would be located on the second floor and
the reason is for safety and security of the employees of the bank and the customers. She
stated it is an unsafe situation to warrant security guards with extensive cash and reserves
to be going into an elevator or to be going upstairs. So, by adopting an ordinance that is
intended in locating a bank on the second floor would promote an unsafe situation. Ms.
Miskel stated most banks have windows that are visible to the public on the first level
because of marketing but it is also for safety and security and noted banks are the number
one targets for robberies. Many ways to prevent this is through security but most
importantly from visibility. Ms. Miskel stated to propose a bank for the second floor is
unsafe and is not a secure situation for the city. Ms. Miskel stated if the Commission
would like to include active uses on the corridor she suggested limiting the uses based on
hours not use. She urged the Commission to reconsider including financial institutions
overall and recommend something that is conditional use oriented which would address
hours of operation and services to be provided.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 45-06, the public hearing was closed.
Mrs. Ellis stated it is not the intent of the Commission to place banks on
the second floor but instead is to keep the banks off Atlantic Avenue and she supports
this ordinance.
Mrs. Ellis moved to approve Ordinance No. 45-06 on First Reading/First
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
10.1. ORDINANCE NO. 37-06: City initiated amendment to Land
Development Regulations (LDR) repealing Section 4.6.19, "Tree Protection" and Section
2.4.6(E), "Tree Removal Permit" and enacting a new Section 4.6.19, "Tree Ordinance",
to provide for the regulation, pruning and preservation of trees including historic trees;
establishing land clearing and tree removal regulations and permit fees as well as the
establishment of a tree trust fund; and amending Appendix "A", "Definitions", to provide
for definitions for various terms related to trees. 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.
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09119/06
The caption of Ordinance No. 37-06 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING SECTION 4.6.19, "TREE PROTECTION"
AND SECTION 2.4.6 (E) "TREE REMOVAL PERMIT"
OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH AND ENACTING A NEW SECTION
4.6.19, "TREE ORDINANCE" TO PROVIDE FOR THE
REGULATION, PRUNING, AND PRESERVATION OF
TREES, INCLUDING HISTORIC TREES, AND
ESTABLISHING LAND CLEARING AND TREE
REMOVAL REGULATIONS AND PERMIT FEES AS
WELL AS THE ESTABLISHMENT OF A TREE TRUST
FUND; AMENDING APPENDIX "A" DEFINITIONS,
TO PROVIDE DEFINITIONS FOR VARIOUS TERMS
RELATED TO TREES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 37-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
The City Manager stated the concerns he had previously have been
addressed.
Terrill Barton, Assistant City Attorney, stated essentially this is are-write
of the tree code which has been before the Commission previously.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 37-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 37-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis-
Yes. Said motion passed with a 4 to 0 vote.
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09/19/06
10.J. ORDINANCE NO. 48-06: Amendment to the Land Development
Regulations Section 4.6.9(C)(3) to establish parking requirements for Personal Service
Providers and modifying Appendix "A" "Definitions" to provide a definition for
"Personal Service Providers". 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. 48-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9(C), "NUMBER OF
PARKING SPACES REQUIRED", SUBSECTION
4.6.9(C)(3), "REQUIREMENTS FOR COMMERCIAL
USES"; AMENDING APPENDIX A, "DEFINITIONS",
TO PROVIDE FOR A DEFINITION AND PARKING
REGULATIONS REGARDING PERSONAL SERVICE
PROVIDERS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
office.)
(The official copy of Ordinance No. 48-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter ofthe City of Del ray Beach, Florida.
Scott Aronson, Parking Management Specialist, stated the definition
created is Personal Service Providers which will be commercial establishments providing
personal services varying in range and scope including but not limited to hairstyling,
manicuring, pedicures, facials, massages, etc. These establishments are usually located in
large facilities and lease cubicle type space to independent personal care providers. The
combination of all these services in one establishment creates a parking situation in
which customers are receiving several services at the same time and it creates more
staffing for all the different providers within the same environment. Staff performed a
review of parking requirements for similar type services and found the variety of parking
regulations including from either parking spaces per chair or parking spaces per
employee (some are floor area and some are a combination of both). Mr. Aronson stated
currently salons as they are somewhat similar to are rated as commercial uses and they
provide 4.5 parking spaces per 1,000 square feet of gross floor area. He stated with a
couple of large service providers that the City has had come through lately, staff has
established that a parking problem has occurred and to address this staff has looked into
creating a new regulation for these personal care service providers which are in buildings
in excess of 5,000 square feet. Staff proposes the parking requirement for Personal
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09119/06
Service Providers be established at 4.5 spaces per 1,000 square feet of gross floor area in
buildings up to 5,000 square feet and 4.5 spaces per 1,000 square feet of gross floor area
plus 0.5 spaces per work station in buildings greater than 5,000 square feet. Mr. Aronson
noted that where they provide both manicures and pedicures would be counted as one
service provider cubicle or booth.
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At its meeting of July 25,2006, the Parking Management Advisory Board
unanimously recommended approval to establish parking requirements for "Personal
Service Providers" and to modify Appendix "A" providing a definition for "Personal
Service Providers". At its meeting of August 21, 2006, the Planning and Zoning Board
unanimously recommended approval to establish parking requirements for "Personal
Service Providers" and to modify Appendix "A" providing a definition for "Personal
Service Providers".
Mr. Levinson asked if stafflooked at what the parking requirements would
have been for Paradise Salon on Pineapple Grove. In response, Mr. Aronson stated he
did not figure out what the calculations would have been for Paradise Salon. He stated
Paradise Salon did provide additional parking spaces when they did some additional floor
area and already had their parking and assimilate into the municipal parking. Mr.
Aronson stated staff took notice of Spa Eleven because being in the area people were
parking in the swales, etc.
Mrs. Montague inquired about the 5,000 square feet and the building itself
and asked if staff is talking about multiple buildings where a spa is incorporated into that
business or is that business the spa itself. Mr. Aronson stated this would be for the spa
itself.
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Mr. Levinson stated there may be a strip center with 4 or 5 bays only 1 or
2 of which is used for that personal service.
The City Attorney stated this is only for the personal service provider uses
and staff can clarify this in the ordinance if need be.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to addressed the Commission regarding Ordinance No. 48-
06, the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 48-06 on Second and FINAL
Reading as clarified, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson -
Yes. Said motion passed with a 4 to 0 vote.
10.K. ORDINANCE NO. 49-06: Amendment to the Land Development
Regulations Section 2.4.7(E) "Appeals" in order to clarify the appeals process. 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.
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09119/06
The caption of Ordinance No. 49-06 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 SECTION
2.4.7(E), "APPEALS" TO CLARIFY THE
DEFINITION OF "APPEALS"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this clarifies
language that all appeals shall be conducted as a new hearing and is not limited to the
record from the Board from which the appeal is sought. The proposed amendment is
consistent with the Comprehensive Plan.
At its meeting of August 21, 2006, the Planning and Zoning Board held a
public hearing and voted 6 to 0 to recommend approval of the amendment. '
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 49-06 on Second and PINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes.
Said motion passed with a vote.
10.L. ORDINANCE NO. 44-06: Annexation and associated small-scale Future
Land Use Map amendment from the County LR-l (Low Residential 1 du/ac) to City LD
(Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural
Residential) to City R-l-AA (Single Family Residential) for a 0.72 acre property located
at 2200 Lake Drive. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-
Judicial Hearing)
The caption of Ordinance No. 44-06 is as follows:
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09/19/06
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED AT THE NORTHWEST
CORNER OF LAKE DRIVE AND NW 22ND STREET,
AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE EXISTING
MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USEDESIGNA TION OF LD (LOW
DENSITY RESIDENTIAL 0-5 DU/ AC) FOR SAID
LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR
THE ZONING THEREOF TO R-l-AA (SINGLE
FAMILY RESIDENTIAL); PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
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(The official copy of Ordinance No. 44-06 is on file in the City Clerk's
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office.)
The City Attorney read the caption of the ordinance and stated all of the
items here except for the rezoning are not Quasi-Judicial; however, when the property is
rezoned it will be a Quasi-Judicial Hearing. The public hearing was held having been
legally advertised in compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach, Florida.
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had a conversation with Jason Mankoff and
Weiner & Aronson staff. Mrs. Montague, Mayor Perlman and Mrs. Ellis had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, stated this is an annexation
into the City of Delray Beach from the County and a change in land use from County LR-
1 (Low Residential 1 du/ac) to City (Low Density) and a change in zoning from County
AR (Agricultural Residential) to City R-l-AA (Single Family Residential). Mr. Dorling
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09/19/06
stated this parcel was in the City of Boynton Beach until March 2006 and the applicant
de-annexed from the City of Boynton Beach and is now seeking annexation into the City
of Delray Beach.
At its meeting of August 21,2006, the Planning and Zoning Board held a
public hearing in conjunction with the requests and recommended unanimously with a
vote of 6 to 0 approval of all three actions. Residents had some concerns which evolved
around compatibility with the existing development pattern, traffic increase, and potential
for zero lot line townhouse developments. Mr. Dorling stated some of that confusion
revolved around the land use rather than the zoning and the land use category allowing 0-
5 units to the acre so there was an assumption that 5 units could go on this parcel. Mr.
Dorling stated the proposed low density land use is the same as the balance of the
community as is the proposed zoning as R-l-AA.
Jason Mankoff, Attorney with Weiner & Aronson, P.A, 102 N. Swinton
Avenue, Delray Beach, stated they adopt the findings in the staff report and is happy to
answer any questions the Commission may have.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of this item, to please come forward at this time.
Kathv Alderman. 1714 Lake Drive. Delrav Beach. inquired how many
houses are proposed to go on this property.
Mr. Dorling stated the property that is being annexed could accommodate
one home and if it is combined with the parcel to the south two single family homes
could be placed on it.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 44-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
At this point, the time being 7:48 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
II.A.
City Mana2:er's response to prior public comments and inquiries.
In response to a comment expressed at the last meeting about the need to
demand that future development mitigate traffic from parking impacts, the City Manager
stated all new developments are required to submit a traffic statement or traffic study
which identifies a project's traffic impact and requires mitigation (i.e. turn lanes,
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09/19/06
contributions to signals, etc.). If the project does not have an impact which requires
individual improvements, they still have to pay traffic impact fees based on the traffic
volumes. Those funds go to the County and they use them to improve the County-wide
road system and the County is divided up into different districts so that money cannot be
used here for something in the north part of the County. The City Manager stated those
impacts are taken into account.
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Secondly, with regard to previous concerns expressed by some individuals
about the block where the old Publix Supermarket was located, the City Manager stated
the site has been cleaned, a temporary fence installed along the east and south sides, and
there are some places where the fence proposed a hazard to pedestrians. There was a
hole dug on the south side along 3rd Street where part of the sidewalk has been dug out
near a light pole. The Building Official has been in contact with the construction
company (Ironwood Properties) about the problem. The hole that was dug and the trench
work was done by Southern Bell and they have stated that they would remove the debris
and place a barricade in front of that hole and the cause has also been initiated to the
developer concerning the project. Most of the overgrowth has been addressed with a few
remaining areas still in need of cutting. The City Manager stated there was mention of a
dumpster on the site being used by City Walk and staff did not find this. He stated if
there was a dumpster there it had been removed. If the site is not satisfactory or cleaned
up within the next week, we will take further enforcement action and get people out there
to clean it.
U.B. From the Public.
U.B.1. Jim Smith. 1225 South Ocean Boulevard. Delrav Beach. thanked
Mayor Perlman for leading the 2 mile physical fitness walk last week along Atlantic
Avenue.
Secondly, Mr. Smith thanked the City of Delray Beach for supporting
Walk a Child to School Day and stated this is a terrific program because the public gets
involved with the schools, elected officials, the police and fire. Mr. Smith thanked Scott
Aronson, Parking Management Specialist, Janet Meeks, Education Coordinator, and Jeff
Messer, Officer/Community RelationslPolice Department and all the City employees who
participate in this program in addition to the Mayor and the City Commission.
U.B.2. Alice Fins!. 707 Place Tavan!. Delrav Beach. to continue with the City
Manager's comments about Pineapple Grove and the comments made by the public, Mrs.
Finst stated with regard to that she did some research through the Planning Department
and found out that when a demolition permit is given there is no requirement for start-up
time and there is no requirement or process in place to require a start-up time and no
requirement for grassing or screening. She stated currently if a property needs attention,
the City Manager or his agent may request that a property have a silt fence which is a
fence that effectively blocks the view of weeds, trash, and prevents blowing sand. Mrs.
Finst proposed that the process be reversed so that a silt fence be required at the time of
demolition and in extenuating circumstances a waiver be granted by the City Manager to
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09/19/06
help eliminate some of the problems with unsightly views and people not tending to their
property.
At this point, the time being 7:55 a.m., the Commission moved to Item
9.C., of the Regular Agenda.
9.C. WAIVER REOUESTS/w AKSMACKI BUILDING: Consider a
request for waiver of Land Development Regulations (LDR) Section 4.4.24(G)(3), "Old
School Square Historic Arts District (OSSHAD); Supplemental District Regulations",
and Section 4.6. 16(H)(3)(d), "Landscape Regulations, Minimum Landscape
Requirements; New Multiple Family, Commercial, and Industrial Development"
associated with the Class V Site Plan for the Waksmacki Building located at 338 NE 1st
A venue within the Old School Square Historic Arts District. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson, Mrs. Montague, Mayor Perlman, and Mrs. Ellis had no
ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-170 into the record.
Mr. Dorling stated on August 23, 2006, the Historic Preservation Board
(HPB) approved a Class V development proposal and associated Certificate of
Appropriateness (COA) to construct a 4,646 total square foot two and three story mixed-
use structure. The development proposal included two waivers which requires approval
by the City Commission: (1) LDR Section 4.4. 12(G)(3), which requires that all parking,
except for single family homes and duplexes, shall be located in the side or rear yard or
adjacent to a rear alley, and; (2) LDR Section 4.6. 16(H)(3)(d), which requires that a five
foot landscaped barrier be provided between the off-street parking area or other vehicular
use area and abutting properties. The Historic Preservation Board considered these two
waivers and recommended approval of each to the City Commission.
Pursuant to LDR Section 4.4.24(G)(3), all parking, except for single
family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear
alley. The applicant proposes a circular driveway allowing for two (2) parking spaces
within the required front setback.
Francisco Perez-Azua, Applicant, stated he IS present to answer any
questions the Commission may have.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition ofthe waiver requests, to please come forward at this time. No one
from the public came forward to address the Commission about the waiver requests.
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09/19/06
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
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Mrs. Ellis moved to adopt the Board Order as set forth, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4
to 0 vote.
9.D. WAIVER REOUESTIMCDONALD'S RESTAURANT: Consider a
request for waiver of Land Development Regulations (LDR) Section 4.4. 12(F)(2),
"Planned Commercial (PC) District; Development Standards" associated with the Class
V Site Plan for the McDonald's Restaurant located at the Delray Mall on the west side of
South Federal Highway, approximately 1,555 feet north of Linton Boulevard (1400 South
Federal Highway). (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-261 into the record.
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Mr. Dorling stated on August 23, 2006, the Site Plan Review and
Appearance Board approved a site plan and landscape plan associated with a Class V
development proposal to demolish the existing 5,158 square foot restaurant (former
Denny's) and construction of a 3,860 square foot restaurant (proposed McDonald's) with
a drive through facility. The architectural elevations were approved at a subsequent
meeting on September 13, 2006. The approval included a waiver to LDR Section
4.4.12(F)(2), which requires that any free-standing structure in the PC (planned
Commercial) zoning district shall have a minimum floor area of 6,000 square feet. The
existing Denny's is 5,154 square feet and the site is not compliant with open space and
the applicant has made the argument that they are providing a smaller restaurant;
however, they are coming more into compliance with respect to the open space.
The Site Plan Review and Appearance Board (SPRAB) considered this
waiver and recommended approval to the City Commission. Staff also recommends
approval ofthe waiver.
Bradv Lessard. 3565 Corporate Parkway. Palm City. FL. (Applicant).
stated he appreciates staffs recommendation for approval as well as the Site Plan Review
and Appearance Board's (SPRAB) approval. He gave a briefpre~entation regarding the
site.
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09/19/06
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time.
Javne Kin2:. 3400 Place Valencav. Delrav Beach. stated if this is going
to be a McDonald's does this mean that there is going to be an additional McDonald's in
another part of town and asked if there is any possibility that it could be another use
beside a commercial type of chain.
The City Attorney stated the City of Delray Beach does not regulate this
condition.
Mr. Levinson asked if the hours of operation have been established. Tim
Chess, McDonald's Corporation, stated the hours of operation are consistent with the
shopping center and the overall area (6:00 a.m.-ll:00 p.m.).
Mrs. Montague inquired about the ingress and egress onto the site. Mr.
Lessard stated it will comparable to what the city currently has there now and noted there
will be some upgrades to the landscaping and signage.
Mr. Levinson stated immediately south one can make a left turn into
Harborside and asked if there is a "No U-turn" sign there now. The City Manager stated
currently a U-turn is permitted. Mr. Levinson expressed concern over someone being
able to exiting out of there, crossing Federal Highway, and making a U-turn at the
Harbourside location. Mr. Lessard stated from the traffic engineer studies most of the
traffic will be traveling north to south. Mr. Levinson asked staff to look into either
providing more pavement on the east side (safety zone area) or prohibit U-turns.
The City Attorney suggested that the Commission add a condition (U-turn
safety condition) on the safety issue subject to approval by staff.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Ellis moved to approve the waiver request and adopt the Board Order
as set. forth, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson-
Yes. Said motion passed with a 4 to 0 vote.
9.E. REQUEST FOR VALET OUEUE/CITY LIMITS: Consider a request
from City Limits to establish a valet parking queue to be located in the Railroad Parking
Lot.
Scott Aronson, Parking Management Specialist, stated this item is a
request from City Limits to establish a valet parking queue in the railroad parking lot. As
part of the project approval City Limits was required to provide 23 parking spaces.
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09/19/06
Pursuant to LDR Section 4.6.9(E)(5), this requirement was met with City Commission
approval of an off-site parking agreement between City Limits and Macmillan
Investments Limited. The parking lot to the south has a 23 space capacity which was
sufficient for the required parking for the conversion of use to the club. The parking lot
to the north has the equal 23 spaces. The request proposes to lease six parking spaces
located on the westernmost parking aisle, in front of the nightclub, seven days per week
between the hours of 6:00 p.m. and 2:00 a.m. The current charge for valet staging is
$75.00 per space per month which would generate $5,400 in annual revenue for the City
of Delray Beach. Staff will request the applicant provide signage at each lot clearly
identifying the appropriate utilization for each.
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At its meeting of September 12, 2006, the Parking Management Advisory
Board unanimously recommended approval of the applicant's request. Staff recommends
approval.
Mrs. Montague asked about the lighting for the valet spaces. Mr. Aronson
stated the parking lot has some street lights and some of the other landscaped nodes also
have lighting that the parking lots would have. Mrs. Montague asked for clarification
with regard to how the valets are going to be parking the cars. In response, Mr. Aronson
stated the customers would come in and pull into the spaces as if they were parking there
and then the valet will get into the car and when safe to do so will back out of the parking
spaces and drive to the valet lot. On return of the car, the valet will pull it into the
parking space for the customer to get into and then the valet will stay in that area to assist
them in getting out ofthe parking space without causing any traffic problems.
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Mr. Levinson stated that this may be worth reviewing in a few months
because he feels that some people will come off Atlantic Avenue at Elwood's and turn in
and if the valet is coming the from the other direction he expressed concern over it not
being the widest area.
Mrs. Ellis moved to approve the request from City Limits for a valet
parking queue to be located in the Railroad Parking Lot, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
9.F. AMENDMENT NO. l/INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCYILA FRANCE
HOTEL: Consider approval of Amendment No. 1 to the Interlocal Agreement between
the City and the Community Redevelopment Agency (CRA) for the rehabilitation and
construction of a new addition on the La France Hotel to incorporate the CRA' s
responsibility to comply with the State Single Audit requirement in accordance with
Florida Statute 215.97 and approve an account funding change from State Housing
Initiatives Partnership (SHIP)/Housing Rehabilitation (118-1924-554-49.19) to (HHRP)
Hurricane Housing Recovery Program (118-1932-554-83.06) for this project.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
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09/19/06
Lula Butler, Director of Community Improvement, stated this item is an
amendment to the City's agreement with the Community Redevelopment Agency (CRA)
for the La France Hotel to incorporate the State Single Audit Requirement of Section
215.97 of the Florida Statute. In addition, staff is requesting approval to change the
account funding for this project from SHIP (State Housing Initiatives Partnership) 118-
1924-554-4919 to HHRP (Hurricane Housing Recovery Program) 118-1932-554-83.06.
Mr. Levinson moved to approve the Interlocal Agreement between the
City of Delray Beach and the Community Redevelopment Agency (CRA) be amended to
include the State Single Audit Requirement (Amendment No.1), seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Vice Mayor Ellis -, Yes;
Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to 0 vote.
9.G. REOUEST TO REDUCE LIENS/1119 N.W. 1st STREET: Consider a
request from Mr. Thor Brown to waive the interest and administrative fees totaling
$5,218.37 assessed for an unsafe building demolition and abating nuisances on property
located at 1119 N.W. 1ST Street. Mr. Brown is prepared to pay the remaining lien of
$3,545.19. Staff recommends approvaL
At this point, Mayor Perlman returned to the dais.
Lula Butler, Director of Community Improvement, stated this item is
consideration for a request to release a portion of the liens assessed on an unsafe building
demolition for property located at 1119 N.W. 1st Street. This is consistent with the City
Commission's policy dated October 2003. Mrs. Butler stated in this case the owner has
already come in with the required building permit application and staff has reviewed the
plans and the permits are ready to be issued. Staff recommends releasing the liens in the
amount of $5,218.37 and Mr. Brown is prepared to pay the difference of the City's out-
of-pocket costs ($3,545.19).
Mr. Levinson moved to approve the reduction of liens in the amount of
$5,218 based on findings of consistency with the policy adopted for such requests,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
9.H. SPECIAL EVENT REOUEST/ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for October 19, 2006 from 6:00 p.m.
to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to N.E.
7th Avenue, S.E. 7th Avenue from the north side of Brisca Atlantica property to the north
side of the Brisca Atlantica parking lot entrance, the alley north of Atlantic Avenue
between N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic Avenue to the
alley just north of Atlantic Avenue, N.E. 2nd Avenue from Atlantic Avenue to the alley,
and A-I-A from Atlantic Avenue to the south property line of Boston's on the Beach, and
half of the Tennis Center Parking Lot.
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09/19/06
Robert A Barcinski, Assistant City Manager, stated this is a request to
endorse the next Art & Jazz on the Avenue scheduled for October 19, 2006 from 6:00
p.m. to 10:00 p.m. with various street closures as listed along with staff support for
security, traffic control, banner hanging, barricading, etc. The event will extend to
NW/SW 5th Avenue and the request includes closure of A-I-A from the south side of
Atlantic to the south property line of Boston's and will include the Atlantic High School
Homecoming Parade. Staff recommends approval of the request.
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Mrs. Montague moved to approve the special event request for Art & Jazz
on the Avenue scheduled for October 19, 2006, seconded by Mrs. Ellis. Upon roll call
the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Levinson - No. Said motion passed with a 3 to 1 vote, Commissioner
Levinson dissenting.
9.1. SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN AND
ROBERT DEIGNAN V. CITY: Consider a Settlement Offer in the amount of
$10,000.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff
recommendation is denial.
The City Attorney stated this is a proposal for settlement in the amount of
$10,000.00. Staff recommends denial of the settlement offer.
Mrs. Ellis moved to approve the Settlement Offer in the amount of
$10,000.00 in Cheryl Wright-Deignan and Robert Deignan v. City of Delray Beach,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - No; Mrs. Ellis - No; Mr. Levinson - No; Mrs. Montague - No. Said motion
was DENIED with a 4 to 0 vote.
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9.J. IMPLEMENT ATION OF SHUTTLE BUS SERVICES: Provide
direction regarding the implementation of shuttle bus services without grant funding from
Palm Beach County.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
Scott Aronson, Parking Management Specialist, stated the grant program,
which originated through the Federal Transit Administration (FT A), was being
administered by Palm Tran and required an Interlocal Agreement with the County. Due
to the grant being funded with federal money, the International Labor Organization (ILO)
was involved, and supplied Palm Tran with a document that needed to be complied with
by the municipalities and their agents. The document, to be included as part of the
Interlocal Agreement afforded certain rights and privileges to employees of any of the
private shuttle service providers commensurate that of unionized transit employees. The
City Attorney reviewed this with the County Attorney and none of the service providers
in the area that were going to provide these services could afford to comply with that
agreement. The County Attorney is working with the FTA and ILO to restructure the
agreement to alleviate some of the restrictions included in the document. Staff
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09/19/06
anticipates that the funding is not going to come to pass. The financial impact of
implementing the shuttle services without the grant would be an additional $80,000 per
year for three years. Staff is requesting direction from the City Commission as to
whether or not they would like to proceed and if so how they would like to fund this. The
choices are as follows: (1) the City of Delray Beach funding fully, (2) the City of Delray
Beach and the Community Redevelopment Agency (CRA) sharing at $40,000.00 each, or
(3) fully funded by the Community Redevelopment Agency (CRA).
It was the consensus of the Commission to implement the shuttle services
without the grant funding.
It was the consensus of the Commission that the City of Delray Beach
split the funding 50/50 with the CRA ($40,000.00 each).
Mrs. Montague stated since residents and tourists will be utilizing this, she
would like to see staff check the City's marketing program with Marjorie Ferrer (DDA).
In the City's marketing efforts, she would like to make sure that we target seniors,
students (coming from 1-95 west/east as well as from the beach area), merchants, and
tourists in addition to concentrating on the hotels (Marriott, Cranes). Mr. Aronson stated
staff will be presenting a marketing plan to the City Commission at the October
Workshop meeting. Mrs. Montague reiterated that she will specifically be looking for
how we incorporate seniors and making sure seniors get to utilize it as well as students
coming from west from 1-95 east as well as from the beach area west and would like
people to be able to get to the library. Mr. Aronson stated staff will employ the
Community Improvement Department through the homeowners' associations throughout
the city to help staffto get the word out.
9.K. SUB-RECIPIENT HOUSING PARTNERSHIP
AGREEMENTIDELRAY BEACH COMMUNITY LAND TRUST. INC.: Consider
approval of the .Sub-Recipient Housing Partnership Agreement between the City and the
Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs
associated with affordable housing units within the Community Land Trust.
Lula Butler, Director of Community Improvement, stated this item is a
request to approve a Sub-Recipient Housing Partnership Agreement between the City of
Delray Beach and the Delray Beach Community Land Trust, Inc. (CLT) for the purpose
of subsidizing the costs associated with affordable housing units under the Community
Land Trust.
At the July 11, 2006 meeting, the City Commission approved Resolution
No. 49-06 adopting an amendment to the Local Housing Assistance Plan for fiscal years
2004-2007 pursuant to Title 67-37 of the Florida Administrative Code. The Sub-
recipient Housing Partnership Program was added to the City's Local Housing Assistance
Plan (LHAP) and subsequently approved by Florida Housing. A Request for Proposal
(RFP) was published and the sole responder was the Delray Beach Community Land
Trust. Mrs. Butler stated staff recommends approval of the Sub-Recipient Housing
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09/19/06
Partnership Agreement and noted that the CL T is proposing their first closing next week.
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Mayor Perlman asked if this will expedite things and whether or not this
has to come before the Commission again. In response, Mrs. Butler stated this does not
have to come before the Commission again and the City will be writing a check directly
to the CLT when they submit a file for subsidy.
Mrs. Ellis moved to approve the Sub-Recipient Housing Partnership
Agreement between the City of Delray Beach and the Delray Beach Community Land
Trust, Inc., seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
9.L. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
student member and one (1) regular member to the Education Board to serve unexpired
terms ending July 31, 2007. Based upon the rotation system, the appointments will be
made by Commissioner Levinson (Seat #3) and Commissioner Montague (Seat #4).
Mr. Levinson moved to appoint Jacarra Wilson as a student member to the
Education Board to serve an unexpired term ending July 31, 2007, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to
o vote.
Mrs. Montague moved to appoint Adam Davis as a regular member to the
Education Board to serve an unexpired term ending July 31, 2007, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
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9.M. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to the Historic Preservation Board to serve a two (2)
year term ending August 31, 2008. Based upon the rotation system, the appointment will
be made by Commissioner Ellis (Seat # 1).
Mrs. Ellis moved to appoint Toni Del Fiandra as a regular member to the
Historic Preservation Board (HPB) to serve 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. Levinson - No; Mrs. Montague - Yes. Said motion
passed with a 3 to 1 vote, Commissioner Levinson dissenting.
9.N. CITY ATTORNEY EVALUATION.
Brief discussion followed by the Commission regarding the City
Attorney's annual performance evaluation.
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09/19/06
Mrs. Montague moved to approve a five (5%) percent salary increase for
the City Attorney, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman-
Yes. Said motion passed with a 4 to 0 vote.
9.0. CITY MANAGER EVALUATION.
Brief discussion followed by the Commission regarding the City
Manager's annual performance evaluation.
Mrs. Montague moved to approve a four (4%) percent salary increase.
The motion failed due to a lack of a second.
Prior to the vote, Mr. Levinson distributed copies of the City Manager's
evaluation form that he reviewed with the City Manager today. Mr. Levinson briefly
discussed the evaluation points for the various categories.
Mrs. Ellis moved to approve a four and one-half (4.5%) percent salary
increase for the City Manager, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Levinson - No; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 1 vote, Commissioner
Levinson dissenting.
At this point, the time being 8:46 p.m., the Commission moved to Item
12, First Readings portion of the Agenda.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 53-06: An ordinance amending Chapter 101, "Parks,
Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24,
"Traffic Regulations", to clarify that motor vehicles are permitted to travel on State Road
A-I-A. Ifpassed, a public hearing will be scheduled for October 3,2006.
The caption of Ordinance No. 53-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH BY AMENDING
SECTION 101.24, "TRAFFIC REGULATIONS", TO
CLARIFY THAT MOTOR VEHICLES ARE
PERMITTED TO TRAVEL ON STATE ROAD A-I-A;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 53-06 is on file in the City Clerk's
office.)
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09/19/06
The City Attorney read the caption of the ordinance and stated staff would
like to further clarify parking areas and add this verbiage to the ordinance per
Commissioner Levinson's suggestion.
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Mr. Levinson moved to approve Ordinance No. 53-06 on FIRST Reading
as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson -
Yes. Said motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 54-06: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National Ambulance Fee Schedule. If passed, a
public hearing will be scheduled for October 3, 2006.
The caption of Ordinance No. 54-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A), TO ADmST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMBULANCE
FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
The official copy of Ordinance No. 54-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Levinson asked if the proposed fees are based on Medicare
reimbursement. Charles Stravino, Assistant Fire Chief, stated he believes the fees are
based on Medicare reimbursement.
The City Manager stated Chief Koen's memorandum indicates that the
fees are consistent with the Medicare fee schedule.
Mrs. Montague moved to approve Ordinance No. 54-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes.
Said motion passed with a 4 to 0 vote.
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09/19/06
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Mana2:er
The City Manager thanked the City Commission for their evaluation
comments. He stated he takes Commissioner Levinson's comments as constructive. He
stated some things they disagree on; however, there are also some good suggestions. The
City Manager stated he will continue to work on some areas that they have had to deal
with.
Secondly, he stated he will be in Branson, Missouri Friday and next
Monday for a Ship Reunion.
13.B. City Attorney
The City Attorney thanked Terrill Barton, Assistant City Attorney, for her
assistance with many items on the Agenda.
Secondly, the City Attorney thanked the City Commission for her salary
increase and their comments as well.
13.C.
13.C.1.
City Commission
Mrs. Ellis
Mrs. Ellis thanked Commissioner Levinson because she went to see Ruby
Payne. She stated it was an eye opening presentation and it was well worth the trip.
Secondly, she will be in Tampa for the rest of this week for an Ethics and
Sunshine Law Seminar.
Lastly, Mrs. Ellis thanked everyone for their kind words, thoughts, and
prayers with regard to the passing of her mother.
13.C.2.
Mrs. Monta2:ue
Mrs. Montague stated yesterday Lula Butler, Director of Community
Improvement, and her staff rolled out the Neighborhood Pride Grant Application at the
New Resource Center. She thanked Mrs. Butler for taking an idea and building it into an
extraordinary project.
Secondly, Mrs. Montague stated local artist Gary Moore who we utilized
for the Northwest/Southwest 5th Avenue graphics for the pavers was highlighted in the
New York Times.
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09/19/06
13.C.3.
Mr. Levinson
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Mr. Levinson reported on the Treasure Coast Regional Planning Council
(TCRPC) meeting last week. He stated there was discussion regarding affordable
housing in addition to the DRI's which they approved. He stated there is a summary of
House Bill 1363 which is the affordable housing legislation that was passed and noted the
issues forum had a meeting yesterday morning with Representative Machek and
Representative Hasner. Representative Taylor could not attend and noted they are three
of the ten members of the affordable housing House sub-committee. Mr. Levinson stated
one of the suggestions to them was that there were some elements ofthe House Bill 1363
that probably need to be expanded particularly with rentals and some of the things with
the hurry of doing so, did not get included.
Secondly, he inquired as to whether or not there are any other
Metropolitan Planning Organization (MPO) issues. He stated there is an open component
of the meeting for suggestions by members. The City Manager stated relative to this
there was talk of doing a local grant and noted his assumption is that Palm Tran has to
comply with this labor requirement so maybe that money could go to Palm Tran which
would free up some County money to use for these cities.
Mr. Levinson stated there was an email that came to the Commission
regarding the Corridor and it was described as the South Federal Highway Corridor
meeting and noted it is not a widening project as it was characterized. Mr. Levinson
suggested that this meeting be posted on the City's website for Tuesday, September 26,
2006.
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He stated there has been discussion regarding the Southeast Florida
Railroad Corridor Study that there will potentially be a selected first stop sight for either
test and/or as the beginnings of the buildings of the system. He stated they are looking at
Boca Raton and Delray Beach. Mr. Levinson suggested that Mayor Perlman or the City
Manager communicate to this group and copy everyone in the MPO that we think that we
might be a great initial stop for this effort because of the synergies of the numbers of
people who come to Delray Beach.
Mr. Levinson stated he received the City Manager's response to a letter
from Chuck Jeroloman and today just received his response to the City Manager. The
City Manager stated he believes the letters crossed in themail.Mr. Levinson stated he is
concerned that for whatever period of time the City did not update the database that there
may have been monies from the street addresses going to other entities. With regard to
the Communications Service Tax and 175 & 185 (premium tax for pension plans), Mr.
Levinson asked staff to sort this out so if there are monies that went to the County that
those get deducted from the County subsequent to reimbursements and redirected to the
City of Delray Beach for the period of time that his happened. The City Manager stated
he will look into this matter.
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09/19/06
Mr. Levinson commended Lula Butler, Director of Community
Improvement for the landlord seminar and stated one of his neighbors emailed the
Commission about prostitution that was going on in a house they owned (The Baroney's).
Mr. Levinson stated the Baroney's went to a landlord seminar put on by the City of
Delray Beach and they said it saved them an enormous amount of money in legal fees.
Mr. Levinson stated the ulterior motive for staff is as we get better relationships between
tenant and landlord maybe some problems will be solved in advance as opposed to in
arrears with Code, and also assist in making sure we mitigate this.
Mr. Levinson stated Lula Butler, Director of Community Improvement,
has been appointed to the Century Commission for the State of Florida by the Governor.
He stated he is very proud that Mrs. Butler is on this Commission and is confident she
will serve Delray Beach well and the citizens of Florida.
13.C.4.
Mavor Perlman
Mayor Perlman stated he received an email from a new resident who is
from New England. He raised an issue about non-smoking portions of the beach in New
England. He loves the City of Delray Beach however his only complaint is that there are
numerous cigarette butts everywhere and has seen it mitigated by having designated
smoking areas that are patrolled and then it limits it to a certain area where you can
concentrate cleaning. Mayor Perlman stated this is a good idea but he does not know
how this would work. Mayor Perlman stated the new resident is an attorney from New
England and he will forward the email to the City Attorney.
Secondly, Mayor Perlman stated he attended a retirement party
approximately two weeks ago for Agent Donovan from the Police Department. He stated
he wished there was video archiving done of Police Officers and Firefighters when they
leave employment with City. He stated their stories and experiences are very interesting
(i.e. the group who is leaving now started working in the 1980's when Delray Beach was
a dramatically different place) and people forget how far the City has come particularly in
areas of public safety. Mayor Perlman feels that new employees, new residents and old
residents would enjoy the stories.
Mayor Perlman stated Alberta McCarthy, he and Diane Colonna went to
Bethesda Memorial Hospital to see Mrs. Pompey last night. Mrs. Pompey will be having
hip surgery tomorrow. He stated because of insurance issues, Mrs. Pompey has been at
Bethesda and they were moving her out to a nursing home only to bring her back
tomorrow to Bethesda to operate on her. Mayor Perlman stated Mrs. Pompey deeply
appreciates telephone calls and visits.
Mayor Perlman commented about the passing of Brahm Dubin last week
and noted that the service was very moving. Mayor Perlman suggested that something be
done recognizing Mr. Dubin (i.e. naming a room after him at either the tennis or the golf
facility) because he was such an instrumental person in the tennis and golf evolution of
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09/19/06
the city. Mr. Dubin played a big role in bringing the Davis Cup, the FED Cup and the
Chris Evert event to the City of Delray Beach.
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He stated the Community Redevelopment Agency (CRA) talked to the
Federspiel Family about the Block 69 garage. Mayor Perlman stated he received a letter
from Cindy Federspiel regarding the status of what is happening with their family, etc.
Mayor Perlman commended Sandra Tobias, Debra Kaiser, Roger Ribeiro,
Janet Meeks, and Lula Butler for being very dedicated and stated the Education Board
has really taken off.
He commented about the Spelling Bee and stated they raised $30,000 for
Literacy.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:13 p.m.
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City Clerk
ATTEST:
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The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes ofthe Regular City Commission Meeting held
on September 19, 2006, which Minutes were formally approved and adopted by the City
Commission on October 3, 2006
~~S).\0~,-~)
City Clerk
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09/19/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA )
WAIVER REQUEST FOR WAKSMAcKI BUILDING
.. .
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
September 19, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Waksmacki
Building. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection L
I. WAIVER:
Pursuant to LDR Section 4.4.24(<3)(3), all parking, except for single family homes and
duplexes, shall be located in the side or rear yard or adjacent to a rear alley. The .
applicant proposes a circular driveway anowing for two (2). parking spaces within the
required front setback.
Pursuant to LDR Section 4.6.16(H)(3)(d), a landscaped barrier shaUbe. provided
between the off-street parking area or other vehicular use areas and abutting properties.
This landscape barrier shalt be located between the common lot line.andtheoff-street
parking area or other vehicular use area in a planting strip of not less than five (5) feet in
width. The Applicant has requested a waiver to reduce the landscape strips to 2'9" and
3'3".
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
.(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the parking waiver request meet all the requirements of 2.4.7(8)(5)?
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r+eM q.C.
. IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR MCDONALD'S RESTAURANT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
, 1
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.1. These waiver requests have come before the City Commission on
September 19, 2006.
2. The. Applicant and City staff presented documentary evidence and
testimony to the City . Commission pertaining to the waiver request for McDonald's
Restaurant. All of the evidence is a part of the record in this case. Required findings
. .
are made in accordance with Subsection 1
I. WAIVER:,
Pursuant to LDR Section 4.4.12(F)(2), a!1y free-standing structure shall have a minimum
floor area of 6,OQOsquarefeet. The proposed rest~urantis3,860 square feet. The
.applicant has submitted a waiver request to reduce the minimum floor area accordingly.
Pursuant to LpRSection 2.4.7(B)(5), ,prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall riot adversely affecftne neighboring area;
(b) Shall not significantly dlrninishthe provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant ola special privilege in that the same waiver would
be granted under similarcircLlmstances on other property for another applicant or
owner.
Does the waiver request meetall the requirements of 2.4.7(B)(5)?
*Yes X No
*subject to staff approval of the safety of the U-Turn issue
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
1
-C-l-efY' q ~1) p
Yes. 4
No
o
Does the landscape waiver requested meet all the requirements of 2.4.7(8)(5)?
Yes 4
No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to- the staff reports, testimony of experts and:,other
denies _ the waiver requests to LOR Sections 4.4.24(G)(3) and 4.6.16(H)(3)(d).
6. Based on the entire record before it, the City CommissionherebY)~~9P!s
this Order this 19th day of September, 2006, by a vote of
4 in favor and 0
opposed.
ATTEST:
~~.~,.:,
Chevelle Nubin, City Clerk
2
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4. The City Commission finds there is ample and. competent substantial
evidence to support its findings .in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
1
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission. approves --4-
denies -1L- the waiver request to LOR Section 4.4.12(F)(2).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 19th day of September,2006, by p vote of
opposed.
in favor and' 0
ATTEST:
~~.~
.Chev.eUe Nubin~ City Clerk '
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~ NAME-FIRST NAME-MIOOLE NAME
Perlman. Jeffrey L.
MAIlING ADDRESS
971 De1ray Lakes Drive
COUNTY .
Palm,.Beach
FORlVt 8B. MEMORANDUM OF VOTING' CONFLICT FO'R 1
COUNTY: MUNICIPAL AND OTHER LOCALPUBLICOFFlCERS)
NAME OF BOARD, COUNCIl, ~AlITHORlTY. OR COMMITT.EE
Delray.Beacb City. COmmission . .
THE BOARD. COUNCIl, COMMISSION, AUTtioRrrYORCOMMrrTEE oN .
WHICH I SERVE IS A UNIT OF:
arv OCOUNTYaonaUoCAi.:~
. , ~ OF PQIJTICAL SU8OMSION: ..
Citof :De1rayBeacb
. MY il'OsITIoHlS:
. . .. . xx: ELECnve . . a APPOIfimVE
,:", .
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WHO'MUSTFILE.FORM8B
. '. . .
This forin Is for use by any person S,8rvIng attheeounty, city, or.other Iocallevel.of government on an appointed or elected board, counCil,
commission, authority. orcommlUee. It applies equally to members ofadvlsoryand OOfWldvlsory. ~Ies Who arepresente<1with a voting
conftlct of Interest under Section 112.3143, Florida Statutes.
'Your responslbllltles under the law when faced with voting. on a measure In v4UcO youhave.a conflict of InterQStwtlLvar.y'.gfeatIY ~pending
on whether you hold an elective or appointlva ~. For this reason; please pay close attention to the lns~~~ on..th~ fonn; befqre
completing the reverse side and filing the.form. . ' . ',_ . . . ~-... '., . - ,
. .., { ..,. .,.",".. ~
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. ". _ ,.' ,: " . -'::~....~'-: .-' :-:--_~..~t,,-:,;,,~:,,; '.-:-'
.. :INSTRUCTlONS FOR COMPLlANCE'WITH SECTION 112.3143,FLORIDASTAtUr~~ :' ,
. ,"'",.- :....:.,.: . r: ......:.~..... ,._ ".. .... '.~ .' .:-.;.....:.~~..,..:.;.~;:..'...;".~. ~~~ ::f:....
A person holding eledive or appointive county. munlclpat <<:other kiCal publlqoffice MUST ABSTAIN from votlngQ.fla..neasure wIlIch
inures to his or her special private gain. or Iass.Eaclt'eled~(ronippolnte(Hooai ()ffie<<aISO'iS'Proolbited ttOfri.'MOWingli'V()iihg:@ 4' ~a.:
sure which inures to the spectal gain or loss of a prlncljXll(otherthan a government agency) by whom he Or Sh9ls~taln.edJlACluding the
. parent organiZatIOn orslJbstdi~ ofa ~te:pMclpaf.bY'Whlct1--heor she' Is retalned);tc) the special pr'ivate'g~lri"O('ioss Oia'~e; or
.. to the special private gain or loss of a ,bt.lslne~:8sm~(~.,Go.l'llmi,~~rs o(~olly redevelopment agenc.ieSUnder Secj ;t63.356 or
163.357. F .S.. and officers of Indepecldent special tax distriCts elede<J on a one-acre, one-vote basis are not prohibited from voting In that
. capa<?ty.
For purpOses of this Ia~, a *relative. Includes only the officer's father, mother, son, daughter,husband, wife, brother. sister. father-in-law.
: mother-in-law.son-ln-law. and daughter-In-law. A "business assOciate- means any.person or entity engaged In or canYin9 on a business
. enterprise with the officer as a partner. joint venturer, eoowner of property, or corporate shareholder (where the shares of the corporatiOn
are not listed on any natiOnal or regional stock exchange).
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: ELECTED OFFICERS:
In addition to. abstaining from voting In the situationS described above. you must disclose the conflict:
~RJOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest In the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form in the minutes.
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APPOINTED OFFICERS:
Although you must abstain from voting In the situations desttlbed above. you Qthecwise mayparticlpa~ ill tttese ,matte~. However. you
mustdi$close 1henature.ofthe confliCt before making any attempt to mfluence the decision. Whether orally or Inw(itiog!iOd whether ;inade
by yoo 01' at yout' dlrectlon. . . . '.. .
. .' . .
IF YOU INTEND TO MAKE ANY ATIEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING ATV'o'HICH llIEVOTE WIlL BE
TAKEN:
. Y~ ....... complete and file this form (before making any attempt to Infl~nce the decision) with the person responsible fOr recOtd"lrig the
minutes of the meeting. who wit lncorpoc'ate the form in the minutes. (ContInued on other side)
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CE FORM 88 - EFF. 112000
Item 9.F
PAGE 1
APPOI~:'OFFIgef.l~.(oan~n"'edt~ :.: - ::.::;
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^c()py'Of~fc~",(~~~~tothe~r;~inbersofthe.iley.. . :i
.~ '.- . . '. -." ..... -. '.... . -. .-' ',;.' . . ~'~?~~
· Theformmustb$iead:pu~ICIy,.~f~~~tin9j~~er~..~,lsfiled. .. _
IF YOU MAKE NO Al"Ta;MPl:~() .INt=UJ~~GEl"~. ~~~:~!QN exCEPT BY DISCUSSION AT THE MEETING:
You m~ ~ OI'ClUythe nature of~(:c>>OftiCt In the meaSl!re before participating.
. You' mUst COR1PIetethe form and ~ ~ Withii115 ~ys8fter.1t\G V9te oc;curs with..the person responsible fQ.t tecording~thG..iniliut9s OfUle. .
. meeting..who must incorporate the-lOOn... the.rhinut~,~.<:OPy:ofthe fann must be provided immed'cateJyto the dtMr ~'ofthe
.agency. and the ~ m~ ~ read publidyat~ next rneetingafterthe form ~ fil~~ .. , .
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DISCLOSURE OF LOCAL OFFlCER'S ,INTEREST
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Jeffrev Perlman
. hereby disclose that on
S~ptember 19.
.20..Q6,....:
. ..
(8) A~ ~me or'w111 come, befOl'e my agency YJh1Ch.(check'One)' ,.
_ inuf8d to my speCIal private gain or loss;
~'.; =.:.~:=.:::.::::::::;;:~:~:~ .~i~nna
___ .i(lutedtothe special gain or loss of, .
whom I am retained; or
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Is the Parent organization or subsidiary Of a pri~~ ~ch ~s_ re~d me.. ,
~:~>~t9.m,mY~~~_~~~~~oo,~te~~tlnthem~ureis,as;folloWs:,. . ...... . ,.. ,..
.. :.~~~:~~!~~~~~~f::~.:::e;.:;:ti:Ag~,a~i:.:'...
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September 19. 2006
Date FUed
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NOTICe:.UNDER'PROVlSIONS OF FlORIOA STATUTESi112.317. A FAILURE TO MAKE ANY>cREQUIREO'OISCLOSURi:. .
cONsmOfesGRObNOS FOlfANOMAY BE PUNISHED BY ONE OR MORE. OF THE FOLLOWING:..IMPEACHMENT:~
'AOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTI9N IN SAlARY, REpfij~.O. OR A
.....lIl PENALTY NOT TO 'EXCEED $10.000. ,.'.. ' .,. .. ... . .
ce FORM 88 - EFF. 112000
'pAGE i
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AST NAMe-f'IRST NAl.4E--lAIOOlE NAME
Perlman Jetfrey L.
~ADDRESS
971 I)elra
FORM 88 MEMORANDUM OF VOTING CONFLICT FO,R. ,
COUNTY:' MUNICIPAL AN:D'OTHER LOCALPUBl.JC'.OFFI'C'ERS ,;
. .. . ....~ -. . .
.NAME OF BOARD. coUNca.. COMf.flSSION; AiiTHORnv;oR COI.it.ma;
.ssion.' , ' . ".
nE BOARD. ColINca.. 00Mf.1ISSt0N. AimtoRrrY OR COMMITTEE ON '
WHICH I saM: ISA Ut<<T OF: .',
~ CITY QCOUNlY Q OllER l~AGeNCV.
. NAMEOFP()lJ1'1CAL sueoMSION:
.Ci ; of Delray Beach
MY POSmONIS.:
XiI B..ECl1ve
.. .- ~ '". . . ~. .....
Lakes Drive
~NTY
a h. FL 33444 PabRBeach
DATE OItWHICH VOTE 0CCURRep . .
. ., September 19, 2006..
CITY
Q APPOItffiVE
WHO MUSt FILE FORM 88
This bin. is for use by any person serving at the county. city. or other local level of government. on an ~J><linteQ. orel~ecU?Qan:I.COU~l. . '
commission. authority. or conimlttee. It applies equally to members of advisory and non-advisoiy bodies Who are pies~nted With a:voting
Conflict of Interest under Section 112.3143, Flofida Statutes. }' ~,
'Vour responsibilities u~e( the law when fa~ with Wlting on a.measure In whiCh yoohave a cOOft;d of itlteres~ Wtii wity, gre~~ydepend~,
on whether yOu hold an elective or appointive position. For this re~.l>1~se P<ly close attention t,Q.Ute instluctiomn>i'l 'thiS'.fO!lTi before .
COtJIpleting the reverse side and filing the fann: . . ... . , . .
~ ''';J #. ~.
.~:' .;:-:.
-..;: . ;:- /7 .:...~_:~...,'.
. INSTRUCTIONS FOR COMPLIANCE WITltSE~!I.oN 1.12.3143.F~Pro.QA ,~T~T<JJtE$".~i .
".person hofdlng efectlve or appointive county, munlc!pal.. Pf otf;1erl<lcat.pubJic. ~ MU$1:~1:Ar.N.ffOm:.~Qfl!l9'~)(NIl'fJ~re'~1cl1 ~ ). .
~to his or her special private gail1.o(loss..-Ea6ti~ed; OrapPoinlOd loCal officer also is pfohiblted.frOm. knOwingly ~titlgon a..~ .
lure' which Inures ,tlJ tbespeclal gain or k)ss of a p(jnci~(9~ ~n ~ g9Vemmeol agency)~ywho{1l he.orshe'iSreial~~~1riJ
. :, . '. .'.~':,{_::.:.:: " " ....... j'-'- -," ~',;'.-; ",_;-.t.,~~~.!.;_~-..:_ ....:--: '," . _' ::'~ " ,.~ .." -.' '.' '_ .......,". ~.,':..._..' .'Ii," ';, '._ ,I
parent organizatiOOor$ubskllary Of a corporate ponapal by which he or ShelS retained); to the special Pf1Vateg~I'!or~9f~r~tiyt); <x,'..
to.;oo special private gain or loss of a bu!>inesS assooiale. COn1miSsiOnersdCommunltyredevalopmenfagencl~~;u~sl3ci; 1$3~'Or
163~357, F.S.. and officers of independent special lax districts elected on a one-acre, 6ne-vote basis are not prohibited from voUng In that
cap~.
Forpuiposes of this law, a -relative. Includes only the office(s father, mother, son. daughter, husband, wife. brother. sister,fathsr-kHaw,
,mOther-in-law. son-in-iaw, and daughter-in-law. A "'business associate" means any person or entity engaged In.or canying ona business
. enlerpnse with the QlflCer as a partner, joint venturer, eoowner of property, or corporate shareholder (where the shares of the oorporation
are not listed on any national or regional stock exchange).
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,ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disclose the ~fIict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature:Or your interest In the measure On which you
are abstaining from voting; an,d
WITHIN 15 DAYS AFTER THf: VO~~CURS: by completing and filing this fonn wft!l too person responsible for reCording the ~In-
utes of the meeting,. who shoUld Incoiporate the fpnn.ln.the minutes. . .
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APPOINrEO OFFICERS:
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~h }'<K.I:must abstain frQm votlng.lnttte silua~.~bed.above. youothMw;e may,particlpateln.tJtese ma~ H()W(iV~.)~.' . ,
must ~ fhen8fure of the Conflict ~fore making ~atiempt to Jnftuence ~ decision, whetheromffy of in wtit!ngancfWheiher.~
YYou.~8tyOurditeCtion. .. . . . . .. .. . . .
= YOU tNTENOTO MAKE ANY AITEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING ATwHlCH THE VOTEWlLl Be
TAKEN:
* You must complete and file this form (before making any attempt to influence the decision) with the person respOOslble forrecordiOg.the
minutes of the meeting, who win inootporate the fonn in the minutes.. (Continued on other side)
CEFORM 88-EFF.112OOO Item 9.J. PAGE 1
APPOINTE.I;) OFFIC~R~:(c~ntlnqed)
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· . tom' of thG'fonn muSt I)e prOv~~catelyto.theother meri1bers Of the8gency"
": . ":". .."." ": .' : .~. ~ ". - ':'~"":-". .,.... -.' . .' - ~: ".... .
· .oe ronn ~:be~po~JldY.atthe nextmeetinsraftertheform is fded.
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IF YOU ~ NO ATTEMPTTOINF.LOENCETI-IE DECISION ~CEPT BY DISCUSSION AT THE MEETING:
~.':.n.i
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· You must d~.orally the nature of.your conOict in the measure~before participating. .
· You must compIGte the foim and file ihvithln:,15 days after. the vQte Occurs with the pel'SQll respOnsible for rec,ord~'~.P.1~of'~.".'
meeting. who must incorporate the form inthemin~ A copy of the form must be proVided invrie<fcately to thO other .membentc)f the;. '
'agency. andtha fonn must be read~lCIy at the ooxtmeetingafter the form Is filed. .
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
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I. Tpf'f'Tey Pp-'r"lIIS1n
, .
. hereby disclose that on
September 19,
,~o 06-:
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(a)A.~ cam&'~Win~~r~.rnv~CYwhk:h (ch~ ~e)
~ .,~ . . '.' . . . ".~ . ~ .' -. -.' .
_.. inured to my ~I private gain or loss;
_ .1nu~.tothG,~.,~()f'~()fm:(.~slness..associate,. .'5',..
XX i(lured:tothe..'~I:~n'~Ios~~'my~~tive;. .. D:f.aneColon,na
. ~'.' "
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Inured to the special gain or loss of
whom I am retained; or
..,bY
==::::':':;=...Of"~""" J.as -..d me: .', .. , ",.',' ", , ,""""',,"
( e~~befor:~.mY'8gency8rtd'thenaMeofm1conilidirig IoterestiO <<w -i'riea~urelS asf~iciws: . ... . . ...., . , ...
, ;7;~1::;~1~~':n~::;:O:: :cie::':~~~:;.:t~t;,A8~"~", :".;~'~) ~,::
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Sept~e~. 19,.2Q06
Date Flied
Nonc!:: UNDE;R.PROV1SIONS OFFlo.RtDASTATUTES.'~112.317~ A FAILURE TO MAKE.ANY:REduij'{ED::i;)ISC~Oi;~. :......
, CONSTiruTESGROUND$.fOR AND MAY BE .PUNISHED. BY ONE OR . MORE. OF THE'FOLLOWIt,iG: IMi?EJ\C~.MENT.. ~:
: f' ,VAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SAlARY, REPRiMAND. OR A '
~. - PENALlY NOT TO~CEED $10..()()().. .. .. , .. . .,". .
ce FORM 8B - EFF. 1fll109
, PAGE 2