11-21-06 Minutes Reg
NOVEMBER 21. 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, November 21,2006.
L
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman from
Unity Church of Delray Beach.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 8.Q., Amendment/Contract
For Sale and Purchase of Property/Delrav Beach Community Land Trust. Inc. to the
Consent Agenda by addendum.
He stated the Delray Beach Library has requested that Item 8.D., Chanee
Order Nos. 3 & 4 (Contract Closeout)/Final PavmentJBSA Corporation/Delrav
Beach Librarv be removed from the Agenda.
Also, there is a correction to Item 8.P.3., Contract Award for Chaz
Equipment Company. Inc. and noted the amount should read $1,126,755.00.
Mayor Perlman stated there is additional information for Item 9.G.,
Appointment to the Historic Preservation Board. He requested to move Item 8.0.,
Review of Appealable Land Development Board Actions to the Regular Agenda as
Item 9.A.1.
11/21/06
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
'1
J
5.
APPROVAL OF MINUT~S:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
November 7, 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; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer'moved to approve the Minutes of the Workshop Meeting of
November 14, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. NONE
7.
PRESENTATIONS:
'1
I
i
!
7.A.
Special Recoenition Award - Vera R. Farrineton
Kristin Calder, President Elect of the Junior League of Boca Raton, gave a
brief overview of the program. Mayor Perlman read and presented Mrs. Farrington with
a Special Recognition Award. Mrs. Farrington came forward to accept the Special
Recognition Award and gave a few brief comments.
7.B. RESOLUTION NO. 68-06: Approve Resolution No. 68-06 recognizing
Brahm Dubin by naming the Delray Beach Tennis Center Clubhouse, located at 201 West
Atlantic Avenue, The Brahm Dubin Clubhouse.
The caption of Resolution No. 68-06 is as follows
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING
BRAHM DUBIN BY NAMING THE DELRAY BEACH
TENNIS CENTER CLUBHOUSE AT 201 WEST
A TLANTIC AVENUE IN DELRA Y BEACH, FLORIDA,
"BRAHM DUBIN CLUBHOUSE AT THE DELRAY
BEACH TENNIS CENTER"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE.
- 2 -
11/21/06
(The official copy of Resolution No. 68-06 is on file in the City Clerk's
office.)
Mayor Perlman read and presented Resolution No. 68-06 to Mrs. Dubin
and her Family.
Mrs. Ellis moved to approve Resolution No. 68-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion
passed with a 5 to 0 vote.
On behalf of the Dubin Family, Jeanne Dubin came forward to thank the
City Commission and gave a few brief comments.
7.C. RESOLUTION NO. 69-06: Approve Resolution No. 69-06 recognizing
Robert "Bob" Federspiel by naming the Southeast 1st Avenue Parking Garage, The
Robert "Bob" Federspiel Parking Garage.
The caption of Resolution No. 69-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING
ROBERT "BOB" FEDERSPIEL BY NAMING THE
SOUTHEAST 1st AVENUE PARKING GARAGE IN
DELRAY BEACH, FLORIDA, "THE ROBERT "BOB"
FEDERSPIEL PARKING GARAGE", PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 69-06 is on file in the City Clerk's
office.)
Mayor Perlman read and presented Resolution No. 69-06 to Mrs.
Federspiel.
Mr. Levinson moved to approve Resolution No. 69-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
At this point, Mrs. Federspiel thanked the City Commission and everyone
involved in the parking garage dedication.
7.D. Creative City Collaborative - Coletta and Company. Inc.
Tom Jones, Coletta and Company, Inc., announced that Carol Coletta
could not be present this evening. Mr. Jones gave a brief overview of the Creative City
- 3 -
11/21/06
Collaborative and stated this is an entity whose mission is to produce more funding that is
available for the cultural and arts groups as a whole.
"1
J
Mr. Levinson stated there are some advantages to having it as a separate
not-for-profit 501(c)(3)
Mayor Perlman stated he thought of this as a hybrid and suggested using
the Community Land Trust (CLT) as a model with the City getting behind it and seeding
it initially. He agrees that this needs to be separate 501(c)(3).
Mrs. Ellis stated this stands on its best merit as a 501(c)(3) corporation and
supports the idea of this being a non-profit.
Mr. Fetzer stated he feels the CLT is a great model of what we are trying
to do and commented that the success the City of Delray Beach has had with it is
encouraging to go the same route with the Creative City Collaborative.
Mrs. Montague stated at the time the 501(c)(3) is put together and noted
the City of Delray Beach has a few non-profits that are at a different level (i.e. Old
School Square, Spady Museum, and the Delray Beach Library). Mr. Jones stated none of
them operationally would be put under the Creative City Collaborative and explained that
the Creative City Collaborative is an entity whose mission would be to produce more
funding that is available for the cultural and arts groups as a whole. Mr. Jones stated the
organization is more of an umbrella fundraising organization.
Mr. Levinson suggested that the Commission appoint incorporators of the
corporation or create an initial Corporation Board. He stated the City of Delray Beach
needs to maintain an active involvement in the beginning to help get it going. Mr.
Levinson also suggested that the Board be community based because the Board's
responsibility to a great extent will be fundraising.
It was the consensus of the Commission that the City seeds it, incubates it
and spins it off at some point.
The Commission suggested that this item be placed on an Agenda to
determine who might be the appropriate candidates to be the incorporators. The City
Manager stated staff can place this on the December 12, 2006 Agenda.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF EASEMENT DEED/LINTON DELRAY. LLC:
Approve and accept an easement deed between the City and Linton Delray, LLC,
granting a 12'xI5' easement in which a water line may be constructed to serve the new
McDonald's Restaurant being constructed on South Federal Highway at the comer of the
Plaza at Delray Shopping Center.
-4-
11/21/06
8.B. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ASSOCIATES ROOFING. INC.: Approve Change Order No. lIFinal
(Contract Closeout) in the amount of $3,652.80 and final payment in the amount of
$59,752.70 to Associates Roofing, Inc. for completion of the Delray Beach Golf &
Country Club Re-roofing Project. Funding is available from 551-1575-591-45.50
(Business Insurance FundIProperty Claims).
8.C. CHANGE ORDER NO. I/HARDRIVES OF DELRAY. INC.:
Approve Change Order No. 1 in the amount of $40,000.00 to Hardrives of Delray, Inc.
for the excavation, hauling and disposal of excess lime sludge from the overflow lagoon
at the Water Treatment Plant. Funding is available from 442-5178-536-46.90
(Water/Sewer/Renewal and Replacement Fund/Other Repair/Maintenance Costs).
8.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.E. SERVICE AUTHORIZATION 18.2/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 18.2 in the amount of $37,500.00
to Currie Sowards Aguila Architects for the provision of professional consulting services
relative to the proposed Environmental Services Administration Building at the ESD
complex on Swinton Avenue. Funding is available from 441-5161-536-62.32
(Water/Sewer Fund/ESD Building Expansion).
8.F. BUS SHELTER EASEMENT AGREEMENTIMCDONALD'S USA.
LLC: Approve a Bus Shelter Easement Agreement between Linton Delray, LLC, the
City and McDonald's USA, LLC, granting the City the right to place a bus shelter in
front of the new McDonald's restaurant located on South Federal Highway at the comer
of the Plaza at Delray Shopping Center.
8.G. DOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENTIUDERITZ SUBDIVISION: Authorize the City to act as the utility
permit applicant for water main work performed within the state right-of-way for Uderitz
Subdivision, located at 502 North Ocean Boulevard and approve a hold harmless
agreement with the developer (Uderitz Subdivision).
8.H. AGREEMENT/FLORIDADEPARTMENT OF TRANSPORTATION
(FDOT)/FLORIDA EAST COAST RAILROAD (FEC): Approve an agreement with
Florida Department of Transportation (FDOT) and Florida East Coast Railroad (FEC) for
the installation of upgraded Automatic Grade Crossing Signals Type III Class III at S.E.
4th Street. The City will be responsible for 50% of the annual maintenance cost in the amount of$I,573.00.
8.1. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve two Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $33,232.50 to South Florida Construction (701
S.W. 6th Street) and in the amount of $26,599.65 to Sun Band Builders (511 S.W. 6th
Avenue). Funding is available from 118-1924-554-49.19 (Community Development
Fund/State Housing Initiatives Partnership (SHIP)/Housing Rehabilitation).
- 5 -
11/21/06
8.J. EXTENDED WARRANTY/ZOLLMEDICAL CORPORATION:
Approve a one (1) year extended warranty in the amount of $17,255.00 to Zoll Medical
Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding is
available from 001-2315-526-46.20 (General Fund/Equipment Maintenance).
, 1
i
8.1(. INTERLOCAL AGREEMENTIPALM BEACH COUNTY/OLD
SCHOOL SQUARE PARKING GARAGE: Approve an Interlocal Agreement
between the City and Palm Beach County for funding in the amount of $1,000,000.00 for
the construction of the Old School Square Parking Garage.
8.L. AGREEMENT/LEGAL SERVICESIHEARING OFFICER: Approve
an agreement between the City and David W. Schmidt for the provision of legal services
to the City as a Hearing Officer.
8.M. RENEWAL OF AGREEMENTIBLACKHA WK SECURITY. INC.:
Approve a request to renew the agreement between the City and Blackhawk Security,
Inc. in the amount of $23,920.00 for an additional six months from October I, 2006 to
March 31, 2007 for the security service at Pompey Park. Funding is available from 001-
4127-572-31.90 (General Fund/Other Professional Services).
8.N. RATIFICATION OF APPOINTMENTSIKIDS AND COPS
COMMITTEE: Approve and ratify the appointments of Maxx Benn and Cheryl
McKeever to the Kids and Cops Committee for unexpired terms ending November 30,
2007.
8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Contract award to West Construction, Inc. in the amount of
$2,965,930.86 for the construction of the Environmental Services
Administration Facility Project. Funding is available from 334-
6111-519-63.32 (General Construction Fund/ESD Building
Expansion) and 441-5161-536-62.32 (Water/Sewer Fund/ESD
Building Expansion).
2. Contract award to Chaz Equipment Company, Inc. in the amount
of $49,971.00 for Rehabilitation of Lift Stations 36, 26A, 26B,
53A and 86. Funding is available from 442-5178-536-68.15
(Water/Sewer Renewal and Replacement Fund/Lift Station
Rehabilitation).
3. Contract award to Chaz Equipment Company, Inc. in the amount
of $1,126,755.00 for construction of the Sea Sage Drive/Melaluca
Road/Oleander Road Infrastructure Improvements. Funding is
available from 442-5178-536-65.35 (Water/Sewer Renewal and
Replacement Fund/Sea Sage Drive/Melaluca Road/Oleander Road)
- 6-
11/21/06
and 448-5461-538-65.35 (Stormwater Utility Fund/Sea Sage
Drive/Melaluca Road/Oleander Road).
4. Contract award to Neil O'Neil Jr. Roofing in the amount of
$29,050.00 for the re-roofing of Lift Station #11 at the Boy Scout
Park. Funding is available from 551-1575-591-45.50 (Business
Insurance FundlProperty Claims).
5. Purchase award to PFS Office Organization Solutions in the
amount of $23,720.71 via GSA Contract #GS-25F-0048M for the
purchase of a Lektriever 2000 Vertical Carousel Records Storage
System for the Police Department. Funding is available from 115-
2112-521-64.90 (Special Projects Fund/Other
MachinerylEquipment).
6. Purchase award to Show Turf in the amount of $42,469.00 via the
Orange County School Contract #02-03-11 VH for the purchase of
one (1) John Deere 3235C Lightweight Fairway Mower for the
Delray Beach Municipal Golf Course. Funding is available from
445-4761-572-64.90 (Delray Beach Municipal Golf Course
Fund/Machinery and Equipment).
7. Purchase award to Chemical Lime Company in an estimated
amount of $673,000.00 via the City of Boynton Beach Co-op Bid
#064-2821-06/JA for the purchase of bulk quicklime. Funding is
available is available from 441-5122-536-52.21 (Water/Sewer
Fund/Chemicals).
8. Purchase award in the amount of $22,454.00 to Hoover Canvas
Products Co. for three (3) seat kills in sections CC, DD and FF
located on the west side of the tennis stadium. Funding is
available from 551-1575-591-45.50 (Business Insurance
FundlProperty Claims).
9. Bid award to Gator Landscaping in an estimated amount of
$33,834.00 for the landscape maintenance of Homewood
Boulevard, Linton Boulevard and three (3) medians on Military
Trail. Funding is available from 119-4144-572-46.40
(Beautification Trust FundlBeautification Maintenance).
10. Bid award to Preferred Seating, Inc. in the amount of$I72,755.55
for the purchase of 1,793 19" Champion Stadium Seats with cup
holders for the Delray Beach Tennis Stadium. Funding is available
from 001-4210-575.63.90 (General Funding/Other Improvements).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;. Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
- 7 -
11/2l106
9.
REGULAR AGENDA:
1
I
9.A.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period November 6, 2006 through November 17, 2006.
The City Manager stated with regard to Item #2 under the Historic
Preservation Board (HPB), the Board approved the plan for the structure at 711 North
Swinton Avenue. He stated the house that HPB approved is approximately 3,500 square
feet and it will exceed the proposed guidelines that the Planning and Zoning Board voted
last night to recommend to the Commission. He stated under the proposed ordinance the
structure would be limited to 3,000 square feet.
Mr. Levinson commented that the Board voted 5 to 0 in favor ofthis.
Mayor Perlman stated he would like to hear this again.
Mrs. Ellis concurred with comments expressed by Mayor Perlman.
The City Attorney stated this should be looked at under the current
guidelines.
Mrs. Ellis moved to appeal this item to the next regular meeting of
December 5, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 2 vote, Commissioner Levinson
and Commissioner Montague dissenting.
Mr. Levinson moved to receive and file the rest of the report, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.A. REQUEST FOR IN-LIEU PARKING SPACESIMELLOW
MUSHROOM (FKA VITTORIO'S) RESTUARANT: Consider a request from
Mellow Mushroom Restaurant for the purchase of seven (7) in-lieu parking spaces in the
amount of $109,200.00. Mellow Mushroom Restaurant is located at 25 Southeast 6th
Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
- 8 -
11/21/06
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated the Mellow
Mushroom is a national franchise of upscale pizzeria/restaurants and is proposing to use
the old Vittorio's Restaurant site located at 25 S.E. 6th Avenue (Northbound Federal
Highway). He stated the proposal is for a 1,166 square foot expansion to include the rear
of the existing property and a new entry feature to be provided along the entrance along
6th Avenue. The current site has seven existing parking spaces. The site is currently
3,000 +/- square feet. The applicant is requesting to purchase seven (7) in-lieu spaces at a
cost of$15,600 per space.
At its meeting of October 12, 2006, the Community Redevelopment
Agency (CRA) unanimously recommended approval of the applicant's request; at its
meeting of October 24, 2006, the Parking Management Advisory Board unanimously
recommended approval of the applicant's request; at its meeting of November 13, 2006,
the Downtown Development Authority recommended approval of the applicant's request.
Roger Cope, Cope Architects, Inc., 80 N.E. 4th Avenue, Delray Beach
(applicant), stated they had unanimous approval before the Parking Management
Advisory Board (pMAB) and favorable comments from the Community Redevelopment
Agency (CRA) and the Downtown Development Authority (DDA) was nearly a
unanimous approval. The site has been there for many years and is a very antiquated
building located at 25 S.E. 6th Avenue approximately 100 feet off Atlantic Avenue and
adjacent to the Blue Gallery. Mr. Cope stated the architecture needs help and briefly
discussed the parking lot behind the building and explained that it is non-conforming in
every way. Mr. Cope stated they are going to completely redesign the back parking lot
and the major benefits are the inclusion of a handicapped parking spot, a tremendous
amount of landscaping, one additional parking spot, and complete re-managementof the
dumpster.
There was no cross-examination or rebuttal.
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. Montague moved to approve the Board Order approving the in-lieu
parking spaces, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
9.B. SPECIAL EVENT REQUESTIFIRST NIGHT 2007: Consider
approval of a special event request to endorse the 10th Annual First Night 2007 event on
December 31, 2006 from 4:00 p.m. to midnight, granting a temporary use permit per
LDR Section 2.4.6(F) for the use and street closures of City rights-of-way and facilities
- 9-
11/21/06
as requested, to authorize staff support for security and traffic control, signage
construction and installation, barricade set-up/removal, trash removal and clean up, EMS
services, and use/set-up of City stages as needed at no charge.
1
~
~
Robert A. Barcinski, Assistant City Manager, stated this item is before the
Commission to consider endorsing the 10th Annual First Night event to be held on
December 31, 2006 from 4:00 p.m. to midnight, to grant a temporary use permit per
LDR's Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, to
authorize staff support as requested to authorize facility use as requested, and to authorize
use and set up of the new stage if available. He stated First Night is a City sponsored
non-alcoholic event featuring local artists and entertainers. Mr. Barcinski stated staff has
added more button venues this year in addition to other changes with regard to the
activities.
Mayor Perlman inquired about the security and asked if there IS a
proactive plan. In response, Mr. Barcinski stated staffhas a proactive plan.
Mrs. Ellis stated there are new and different things this year and very
exciting venues.
Mayor Perlman stated the buttons go on sale on November 30, 2006.
Mr. Fetzer moved to approve the Special Event Request for First Night
2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.C. BID AWARD/CUSTOM PROPERTY SERVICES: Consider approval
of a bid award to fourth lowest bidder, Custom Property Services, in the amount of
$119,275.00 for the annual maintenance contract for the 1-95 Interchanges, including
Atlantic Avenue, Linton Boulevard and the Overpass on S.W. 10th Street. Funding is
available from 119-4144-572-46.40 (Beautification Trust FundlBeautification
Maintenance ).
Nancy Davila, City Horticulturist, stated the reason this item is not on the
Consent Agenda is because staff did not select the lowest bidder. The lowest bidder was
unresponsive and did not include prices for additional work that staff requested. Mrs.
Davila stated when staff questioned the vendor about the apparent discrepancy the vendor
asked if they could withdraw their bid. Therefore, she stated the lowest responsive bidder
is Custom Property Services for $119,275.00.
Mr. Fetzer moved to approve the bid award to Custom Property Services
(fourth lowest bidder) in the amount of $119,275.00, seconded by Mrs. Ellis. Upon roll
call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to
o vote.
- 10-
11/21/06
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 33-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
establishing a new mixed-use zoning district Section 4.4.29 "MROC (Mixed Residential,
Office and Commercial) District", establishing minimum development standards through
modification of Section 4.3.4(K) "Development Standards Matrix"; and modification of
Section 4.6.9(C)(8)(a) "Shared Parking", which will allow the shared parking option for
the new zoning district. 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.
Thecaption of Ordinance No. 33-06 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 SUBSECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX";
ENACTING SECTION 4.4.29, "MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL
(MROC) DISTRICT"; AND AMENDING
SUBSECTION 4.6.9(C)(8)(a), "SHARED PARKING",
TO ESTABLISH A NEW MIXED-USE ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Ron Hoggard, Senior Planner/Redevelopment, stated this ordinance
originally came before the City Commission on June 6, 2006 at which time the City
Commission reviewed and continued the ordinance with direction that staff meets with
the stakeholders in the corridor. Staff met with the stakeholders on June 16, 2006 and
several options were discussed including pursuing a form-based code for the Congress
Avenue Corridor. It was the consensus of the City Commission not to proceed with the
Form-Based Code option but to modify the proposed MROC ordinance incorporating
comments made at the stakeholder meeting and other written comments received by staff.
The ordinance was again modified and the stakeholders met again on September 19,
- 11 -
11/21/06
2006. Several additional comments were generated and the ordinance has been modified
to accommodate these additional comments.
1
}
~
J
The revised ordinance was considered by the Planning and Zoning Board
on October 16, 2006 at which time both written and verbal concerns and comments were
made. The Board then discussed the ordinance and recommended continuance. The
revised ordinance was reconsidered by the Board at a special meeting of November 6,
2006. The Board discussed the issue of non-conforming uses and recommended approval
on a 7 to 0 vote.
Mayor Perlman declared the public hearing open.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach. stated he applauds the Planning and Zoning
Department with regard to their work on this ordinance and urged the Commission to
support. He expressed concerns with how green space and how the open space
requirement matches with drainage because lakes are not included. Mr. Weiner noted he
will be back before the Planning and Zoning Department to show them these concerns.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 33-06, the public hearing was closed.
Mrs. Montague expressed concern over the required parking spaces for the
one bedroom dwelling unit and asked if the 1.25 spaces is the standard. Mr. Hoggard
stated for a one bedroom unit the standard parking spaces are 1.25.
Mayor Perlman commented that this is not distinguishing workforce but
confirmed that this is both "for sale" and "rental". Mr. Hoggard stated this is correct.
Mr. Levinson moved to adopt Ordinance No. 33-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 64-06: Privately initiated amendment to the Land
Development Regulations (LDR) Section 4.3.4(H)(6)(a) to eliminate the requirement for
a building setback of 64 feet along N.E. 4th Street/Lake Ida Road between Swinton
Avenue and N.E. 6th Avenue.
The caption of Ordinance No. 64-06 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 4.3.4(H)(6), "SPECIAL
SETBACKS", SUBSECTION 4.3.4(H)(6)(A), "SPECIAL
- 12-
11/21/06
BUILDING SETBACKS", TO ELIMINATE THE 64'
BUILDING SETBACK FROM SWINTON AVENUE
EAST TO NE 6TH AVENUE FOR LAKE IDA ROAD;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 64-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mark McDonnell, Assistant Planning Director, AICP, stated the
amendment involves a privately initiated text amendment to LDR Section 4.3.4(H)(6)(a)
to eliminate a Special Building Setback requirement of 64 feet for Lake Ida Road
between Swinton Avenue and N.E. 6th Avenue. Currently, development along both the
north and south sides ofN.E. 4th Street/Lake Ida Road is required to maintain a minimum
building setback of 64 feet from the centerline of Lake Ida RoadIN.E. 4th Street,
beginning at N.E. 6th Avenue (NIB Federal Highway) and extending west to Military
Trail. Staff has done extensive research and has found that this is essentially a mistake
and it should have only begun from Swinton Avenue and moved west to Military Trail.
Therefore, staff recommended approval. Mr. McDonnell stated this ordinance came
before the City Commission on November 7, 2006 at which time it passed on first
reading and staff recommends approval on second reading.
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. 64-06, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with
a 5 to 0 vote.
to.C. ORDINANCE NO. 62-06: Amending Section 97.10 "Citrus Canker
Control Procedures" of the Code of Ordinances by repealing it in its entirety.
The caption of Ordinance No. 62-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING SECTION 97.10, CITRUS CANKER
CONTROL PROCEDURES" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
FLORIDA; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN
EFFECTIVE DATE.
- 13 -
11/21/06
(The official copy of Ordinance No. 62-06 is on file in the City Clerk's
1
j
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 62-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 62-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 63-06: Amending Chapter 110, "Occupational
Licenses Generally", by re-naming "Occupational Licenses" to "Local Business Tax
Receipts", in accordance with recent state law changes.
The caption of Ordinance No. 63-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 11 0, "OCCUPATIONAL
LICENSES GENERALLY", IN ORDER TO UPDATE
THE ORDINANCE TO RE-NAME
"OCCUPATIONAL LICENSES", "LOCAL
BUSINESS TAX RECEIPTS", IN ACCORDANCE
WITH RECENT STATE LAW CHANGES;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 63-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 63-06,
the public hearing was closed.
- 14-
11/21/06
Mrs. Montague moved to approve Ordinance No. 63-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 67-06: Amending Section 99.04, "Loud and
Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6),
"Construction" of the Code of Ordinances to clarify the time that this subsection applies
in Single Family Zoning Districts.
The caption of Ordinance No. 67-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACfI, FLORIDA,
AMENDING THE CODE OF ORDINANCES, BY
AMENDING SECTION 99.04, "LOUD AND
UNNECESSARY NOISES AND ENUMERATED;
EXEMPTIONS", SUBSECTION 99.04(A)(6),
"CONSTRUCTION"; TO CLARIFY THE TIMES
THAT THIS SUBSECTION APPLIES IN SINGLE
F AMIL Y ZONING DISTRICTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 67-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 67-06,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 67-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:17 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
- 15 -
11/21/06
1l.A.
City Manaeer's response to prior public comments and inquiries.
'1
~
j
In response to a prior comment expressed by Mrs. Finst about the
timetable for broadcasting the City Commission meetings, the City Manager stated right
now it involves the installation of 2-3 cameras, control devices, monitors, and the audio
recording equipment. Staff is coordinating with the architect who is working on the
remodeling of the Chambers to be sure that staff does not waste money installing
something and having to move it. Staff does not have an exact time schedule; however,
shortly after the first of the year staff should be able to get everything installed.
1l.B.
From the Public.
There were no comments or inquiries from the public.
At this point, the time being 7:18 p.m., the Commission moved back to
Item 9.D. of the Regular Agenda.
9.D. DELRAY BEACH PUBLIC LIBRARY ASSOCIATION.
INC./BOARD LIAISON: Provide direction regarding a representative from the City
attending the Delray Beach Public Library meetings on the third Wednesday of each
month.
The City Manager stated staff received a letter from the Library
Association, Inc. asking to have a City representative on their Board. Therefore, staff is
asking direction from the Commission.
Brief discussion followed by the Commission.
It was the consensus of the City Commission for a staff person (discretion
of the City Manager) to serve as liaison.
9.E. SETTLEMENT OFFER/MEIJER V. SONOMA CAFE AND THE
CITY: Consider a settlement Offer in the amount of $3,500.00 in Meijer v. Sonoma
Cafe and the City. Staff recommendation is acceptance.
The City Attorney stated this is a settlement offer that came out of a
mediation regarding this case. The medicals incurred are $39,000.00. If the Commission
accepts the offer, the City's portion is $3,500.00 with Sonoma Cafe paying $78,500.00.
Mr. Levinson moved to approve the Settlement Offer in the amount of
$3,500.00 in Meijer v. Sonoma Cafe and the City of Delray Beach, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 5 to 0 vote.
- 16-
11/21/06
9.F. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency
(CRA) for an unexpired term ending July C 2009. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
Mr. Levinson moved to appoint Angeleta Gray as a regular member to the
Community Redevelopment Agency (CRA) for an unexpired term ending July 1, 2009,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
9.G. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint two (2) regular members to the Historic Preservation Board to serve an
unexpired term ending August 31, 2007 and to serve an unexpired term ending August
31, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3) and Commissioner Montague (Seat #4).
Mr. Levinson moved to appoint Kim French as a regular member to the
Historic Preservation Board (HPB) to serve an unexpired term ending August 31, 2007,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
Mrs. Montague moved to appoint Roger Cope as a regular member to the
Historic Preservation Board (HPB) to serve an unexpired term ending August 31, 2008,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman-
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:23 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 59-06: Privately sponsored Future Land Use Map
amendment (small-scale) from CF (Community Facilities) to LD (Low Density
Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King Monastery of St.
Clare and rezoning from CF (Community Facilities) to R-I-AA (Single Family
Residential). Ifpassed, a public hearing will be scheduled for December 5, 2006.
The caption of Ordinance No. 59-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
- 17 -
11121106
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CF (COMMUNITY
FACILITIES); TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC); ELECTING TO
PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED CF
(COMMUNITY FACILITIES); TO R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED 125 FEET
SOUTH OF SHERWOOD BOULEVARD,
APPROXIMATELY 650 FEET EAST OF MILITARY
TRAIL,- AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
"']
i
(The official copy of Ordinance No. 59-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mark McDonnell, Assistant Planning Director, stated when the
Comprehensive Plan was adopted in 1989 the property was designated CF (Community
Facilities) on the Future Land Use Map and subsequently the property was rezoned from
R-l-AAA-B to CF (Community Facilities). On January 11, 2006, the Site Plan Review
and Appearance Board (SPRAB) approved a Class V application. However, it was
determined that the cost to build and maintain the proposed facility was prohibitive and
the development proposal was abandoned by the applicant. On August 21, 2006, the
Planning and Zoning Board considered a request for a Future Land Use Map (FLUM)
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 dulac)
and a rezoning from R-l-AAA-B (Single Family Residential) to PRD-5 (Planned
Residential Development - 5 units per acre). Following public testimony, the Board
continued the petition at the request of the applicant in order for the applicant to work
with the neighborhood groups. On September 22,2006, revised petitions were submitted.
The new petitions involve amending the Future Land Use Map designation from CF
(Community Facilities) to LD (Low Density Residential 0-5 dulac) and rezoning from CF
(Community Facilities) to R-l-AA for a 9.0 acre portion of the overall site.
At its meeting of October 16, 2006, the Planning and Zoning Board held a
public hearing to consider the request for Future Land Use Map amendment (small-scale)
from CF (Community Facilities) to LD (Low Density Residential 0-5 dulac). Staff
recommended approval of a compromise which required the modification of the request
to provide R-l-AAA lots along the east property line where they immediately abut R-l-
- 18 -
11/21/06
AAA within the Sherwood Park subdivision. There was considerable public input and
several residents spoke in opposition to the request (to the R-l-AA). The residents
requested either R-1-AAA-B or a combination of R-l-AAA-B and R-l-AA. There was
also concern expressed regarding the access to this new subdivision and the applicant
indicated that he would seek approval through the Diocese of Palm Beach County to
access through that property over to Military Trail. Today, staff received a letter
indicating that the permission was not granted.
On October 16, 2006, the Planning and Zoning Board voted 5 to 0 to
recommend that the request be denied based upon findings that the request is inconsistent
with the Comprehensive Plan and does not meet the criteria set forth in Sections 3.1.1,
3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Staff recommends
approval of the Future Land Use Map amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-
1-AA (Single Family Residential) for 9.00 acres of land lying within Christ the King
Monastery of St. Clare by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan, and meets
the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations and that to ensure compatibility, approval shall be conditioned upon the
perimeter lots 4, 9 and 10, as shown on Exhibit "A", being a minimum size of 12,500
square feet each and that the remaining property, not including lots 4, 9 and 10, consist of
no more than 26 lots, meeting at least the minimum standards of the R-l-AA zoning
requirements (9,500 square foot minimum lot size in the R-1-AA zoning district).
At this point, Mayor Perlman read into the record the letter addressed to
Michael Weiner (Attorney for the Applicant) from the Diocese of Palm Beach County.
Mr. Fetzer stated at one point the developer was meeting with both
homeowner associations and asked if any meetings like this continuing with the
developer now to reach some type of a compromise.
Prior to the vote, Mayor Perlman stated he hopes between now and
December 5, 2006, there can be some meetings that we can facilitate.
Mr. Levinson moved to approve Ordinance No. 59-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial)
to MIC (Mixed Industrial and Commercial) for an 8.8 acres property located along Depot
Road, north of the Old Train Station, between the CSX Railroad and 1-95.
The caption of Ordinance No. 71-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
- 19-
11/21/06
ZONED I (INDUSTRIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED NORTH OF THE OLD TRAIN STATION,
BETWEEN THE CSX RAILROAD AND 1-95, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
" '1
E
;;;
~
(The official copy of Ordinance No. 71-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
At this point, Commissioner Levinson stepped away from the dais.
Ron Hoggard, Senior Planner/Redevelopment, stated this is a privately
initiated rezoning in conjunction with a land use plan amendment that is currently with
the State for their review. The property involves 8.8 acres and is a rezoning from I
(Industrial) to MIC (Mixed Industrial and Commercial) for the purpose of doing a mixed
use development consisting of office, warehouse, and residential. Mr. Hoggard stated
residential is currently not allowed within the MIC zoning district. Consequently, he
stated part of the Comprehensive Plan Amendment includes allowing residential in that
district. If the Comprehensive Plan Amendment is approved, it will require an LDR Text
amendment to allow residential development and the applicant is also proposing 25%
workforce housing units within that area.
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the request. The Board voted 6 to 0 to recommend
approval and staff recommends approval.
Mrs. Ellis moved to approve Ordinance No. 71-06 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
12.C. ORDINANCE NO. 70-06: City initiated annexation and rezoning from
County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 5-8
du/ac) for a 3.18 acres parcel located on the south side of 133rd Road "S", 640' west of
Barwick Road approximately 1,400 feet north of Lake Ida Road.
The caption of Ordinance No. 70-06 is as follows:
- 20-
11121106
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 ON THE SOUTH
SIDE OF 133RD ROAD, 640 FEET WEST OF
BARWICK ROAD, AND APPROXIMATELY 1,400
FEET NORTH OF LAKE IDA ROAD, AS THE SAME
IS MORE P ARTICULARL Y 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; PROVIDING FOR
THE ZONING THEREOF TO RM-8 (MEDIUM
DENSITY RESIDENTIAL - 8 UNITS PER ACRE);
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 70-06 is on file in the City Clerk's
office. )
At this point, Commissioner Levinson returned to the dais.
The City Attorney read the caption ofthe ordinance.
Ron Hoggard, Senior Planner/Redevelopment, stated this is a rezoning
associated with the Comprehensive Plan amendment. He stated the parcel is currently
owned by the City and it is being rezoned from the County designation to City RM-8
(Residential Medium Density 5 du/ac).
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing involving this parcel along with the adjacent parcel. After discussing the
proposal, the Board voted 6 to 1 to recommend that the request be approved. Staff
recommends approval of the request.
Mrs. Montague asked if the rezoning will include the workforce housing
units. Mr. Hoggard stated this area will not include the workforce housing.
Mrs. Montague moved to approve Ordinance No. 70-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
n.D. ORDINANCE NO. 72-06: An ordinance amending Chapter 100,
"Nuisances" of the Code of Ordinances by enacting a new Section 100.10, "Individually
Designated Historic Structures and Structures in Historic Districts," to prohibit neglect of
Individually Designated Historic Structures and Structures in Historic Districts and to
- 21 -
11/21/06
provide enforcement to help prevent deterioration of the same. If passed, a public
hearing will be scheduled for December 5, 2006.
~1
j
The caption of Ordinance No. 72-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 100, ''NUISANCES'', OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH BY ENACTING A NEW SECTION 100.10,
"INDIVIDUALLY DESIGNATED HISTORIC
STRUCTURES AND STRUCTURES IN HISTORIC
DISTRICTS", TO PROHffiIT NEGLECT OF SAME AND
PROVIDE A METHOD FOR ENFORCEMENT TO
HELP PREVENT DETERIORATION OF SAME;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 72-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Mrs. Ellis moved to approve Ordinance No. 72-06 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
l
12.E. ORDINANCE NO. 74-06: City initiated amendment to the Land
Development Regulations (LDR) Chapter 8, "Special Implementation Programs" by
enacting a new Section 8.6 "Proportionate Fair-Share Program". If passed, a public
hearing will be scheduled for December 5, 2006. Adoption of this Ordinance is required
by State Law.
The caption of Ordinance No. 74-06 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 OF
THE CITY OF DELRA Y BEACH, RELATING TO THE
CONCURRENCY MANAGEMENT SYSTEM BY
ENACTING SECTION 8.6 "PROPORTIONATE FAIR-
SHARE PROGRAM"; AND PROVIDING A GENERAL
REPEALER CLAUSE, A SAVINGS CLAUSE AND AN
EFFECTIVE DATE.
- 22-
11/21/06
(The official copy of Ordinance No. 74-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Ellis moved to approve Ordinance No. 74-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
12.F. ORDINANCE NO. 73-06: An ordinance amending Chapter 59,
"Reclaimed Water", of the Code of Ordinances by amending Section 59.09, "Fees, Rates
and Charges", to adjust the wholesale customer rate. If passed, a public hearing will be
scheduled for December 5,2006.
The caption of Ordinance No. 73-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 59, "RECLAIMED WATER",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION 59.09,
"FEES, RATES AND CHARGES", TO ADJUST THE
WHOLESALE CUSTOMER RATE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 73-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
The City Manager stated staff is adjusting the City's rate to match the
South Central Regional Wastewater Treatment and Disposal Board's (SCRWTDB) rate.
Mr. Levinson moved to approve Ordinance No. 73-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
12.G. ORDINANCE NO. 75-06: An ordinance amending Chapter 35,
"Employee Policies and Benefits", of the Code of Ordinances by amending Section
35.097, "Retirement Income; Basis, Amount, and Payment", and Subsection 35.097(M),
"Early Retirement Incentive", to provide for changed eligibility timing. If passed, a
public hearing will be scheduled for December 5,2006.
The caption of Ordinance No. 75-06 is as follows:
- 23-
11/2l106
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, FLORIDA,
AMENDING SECTION 35.097, ''RETIREMENT
INCOME; BASIS, AMOUNT, AND PAYMENT", BY
AMENDING SUBSECTION 35.097(M), "EARLY
RETIREMENT INCENTIVE", TO PROVIDE FOR
CHANGED ELIGIBILITY TIMING, PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
1
(The official copy of Ordinance No. 75-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
The City Manager stated in the Police and Fire Pension Plan staff can
open the window whenever we think it is in our best interest and anyone who qualifies
before the window closes can avail themselves of their early retirement incentive. He
stated with general employees it is as of October 1st. The City Manager stated there are
currently at least two people with medical conditions and their anniversary dates or
birthdays fall in October but after the first so they would have to wait another year.
Therefore, the City Manager stated staff is requesting the same flexibility with general
employees as with Police and Fire employees.
Mrs. Ellis moved to approve Ordinance No. 75-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
12.H. ORDINANCE NO. 65-06: An ordinance amending Ordinance No. 34-06
of the Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (Q), "Civil Penalties", by removing the reference to Section
98.09, "Litter In Parks", amending the penalty amount for dogs on the beach and
skateboarding and adding a new penalty for "Vehicles On The Beach" and "Garbage,
Sewage, and Other Waste Materials". If passed, a public hearing will be scheduled for
December 5, 2006.
The caption of Ordinance No. 65-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ORDINANCE NO. 34-06 BY
AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES",
- 24-
11/21/06
SUBSECTION (Q), "CIVIL PENALTIES", BY
REMOVING THE REFERENCE TO SECTION 98.09,
"LITTER IN PARKS", AMENDING THE PENALTY
AMOUNT FOR DOGS ON THE BEACH AND
SKATEBOARDING AND ADDING A NEW
PENALTY FOR "VEHICLES ON THE BEACH" AND
"GARBAGE, SEWAGE, AND OTHER WASTE
MATERIALS"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 65-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Mr. Fetzer moved to approve Ordinance No. 65-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague
- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
12.1. ORDINANCE NO. 66-06: An ordinance repealing Section 98.09, "Litter
In Parks" and amending Chapter 101, "Parks, Beaches and Recreation, General
Provisions", of the Code of Ordinances by amending Section 101.17, "Garbage, Sewage,
and Other Waste Materials", to read "Garbage, Trash, Litter, Sewage, and Other Waste
Materials", by amending Subsection 1 01.17(a), to strengthen prohibitions on littering on
the municipal beach, recreational facilities and public parks; and by enacting a new
Subsection 101.36, "Additional Rules Applying to City Parks, Recreation Facilities and
the Municipal Beach", to provide for additional rules which includes a prohibition on
smoking in certain areas of the beach, that can be enforced by issuing civil citations in
addition to other remedies. If passed, a public hearing will be scheduled for December 5,
2006.
The caption of Ordinance No. 66-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING SECTION 98.09, "LITTER IN PARKS"
AND AMENDING CHAPTER 101, "PARKS, BEACHES
AND RECREATION, GENERAL PROVISIONS", BY
AMENDING SECTION 101.17, "GARBAGE, SEWAGE,
AND OTHER WASTE MATERIALS", TO READ
"GARBAGE, TRASH, LITTER, SEWAGE, AND OTHER
WASTE MATERIALS", BY AMENDING SUSECTION
101. 17(A), TO STRENGTHEN PROHIBITIONS ON
LITTERING ON THE MUNICIP AL BEACH,
RECREATIONAL FACILITIES AND PUBLIC PARKS,
- 25 -
11/21/06
AND BY ENACTING A NEW SUBSECTION 101.36,
"ADDITIONAL RULES APPLYING TO CITY PARKS,
RECREATION FACILITIES AND THE MUNICIP AL
BEACH", TO PROVIDE FOR ADDITIONAL RULES
WHICH INCLUDES A PROHillITION ON SMOKING
IN CERTAIN AREAS OF THE BEACH, THAT CAN BE
ENFORCED BY. ISSUING CIVIL CITATIONS IN
ADDITION TO OTHER REMEDIES, PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 66-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Prior to the vote, Mrs. Ellis asked if this ordinance excludes the dog park.
In response, the City Manager stated the dog park is a County park.
Mrs. Montague moved to approve Ordinance No. 66-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
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 Manaeer
The City Manager stated the FEC issue was discussed with the League of
Cities and the League has indicated that they would be pursuing it again and noted it was
a proposed Committee Bill last year. He stated this is an issue around the state and
suggested that staff continue to take it up with our Legislators.
Secondly, he stated at the last League Board Meeting there was discussion
about a school concurrency amendment. He stated Mary Stewart from Lantana suggested
that the League of Cities adopt the Code of Ethics for Elected Officials.
The City Attorney commented about lease agreements that will be
expiring in December.
Mr. Levinson inquired about the Legislative Agenda. The City Manager
stated it should be ready for the Commission to review next week.
- 26-
11/21/06
The League Board will be meeting with the Legislative Delegation on
December 13, 2006.
13.B. City Attornev
The City Attorney stated she mailed the City Commission information
regarding the FEC issues.
Secondly, the City Attorney wished everyone a Happy Thanksgiving.
13.C.
City Commission
13.C.I.
Mr. Fetzer
Mr. Fetzer commented about a supplement in the South Florida Business
Journal for the City of Deerfield Beach and stated it contains great graphics.
Secondly, he stated the packing for the Project Holiday was a great event.
He thanked Commissioner Montague, former Commissioner Alberta McCarthy, and
Delores Rangel. Mr. Fetzer stated he would like to see what Delray Beach could do to
encourage other cities to get involved. Mayor Perlman stated he spoke to the League
about this.
Lastly, Mr. Fetzer wished everyone a Happy Thanksgiving.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she found the sessions at the League of Cities really good
this year. She commented that she hopes to email to the rest of the Commission the
position the League has taken on property taxes and insurance.
Mrs. Ellis stated the Florida Realtors' Association was supporting
portability for property taxes within the O;>unty.
Mrs. Montague stated they were against "Save Our Homes" and is trying
to find some median ground and are trying to stay neutral in their position.
13.C.3.
Mrs. Montaeue
Mrs. Montague thanked everyone involved in Project Holiday and stated it
was an unbelievable success. She stated this is easily a project that can be embraced by
other cities and feels we should be working in conjunction with other cities as opposed to
one city doing one thing and one doing another. Mrs. Montague stated she would be
happy to use the League as a liaison so that we can continue supporting our troops for as
long as they need it.
- 27-
11/21/06
Mrs. Montague wished everyone a Happy Thanksgiving.
13.C.4.
Mr. Levinson
l
I
t;
[
I'
i
Mr. Levinson commented about the Special Olympics Fundraiser.
Secondly, he stated Bill Cruz indicated the Long Drive Contest is actually
out and the Putting Contest is in (7:45 a.m.).
He stated the Tri-County Barbeque will be held on December 15, 2006 in
Belle Glade.
Mr. Levinson stated they purchased three more homes today at a
significantly reduced price. He stated there are seventeen (17) homes under construction
one of which is the Habitat home. Mr. Levinson announced that the Communities Land
Trust (CLT) Annual Board Meeting is December 11, 2006 at 6:00 p.m. at Old School
Square. He stated currently eleven people are in bank loan work to start to fill some of
these homes.
He commented about an article in yesterday's editorial which highlighted
Delray Beach as the only place that is doing affordable housing work well.
Mr. Levinson wished everyone a Happy Thanksgiving.
13.C.5.
Mavor Perlman
Mayor Perlman stated Principal for a Day this year was terrific. He
thanked Janet Meeks, Education Coordinator, the Education Board and Debra Kaiser for
doing a really nice job for getting that program solidified.
Secondly, he stated the Gulf Stream Town Council passed the 175
ordinance.
He stated the Community Child Care Center is officially named the
Achievement Center and they wanted to change their name to better reflect their new
vision. He commented about the fundraiser event on the ocean and stated it was a good
event.
Mayor Perlman stated a group of approximately 65 people came here from
Miami-Dade County coordinated under the Urban Environmental League which is a non-
profit organization in Dade County and they toured Delray Beach. He stated the
brochure was "Come and look at the best example of smart growth for the Southeast
Florida". He stated there was a broad group of people from CDC's, Neighborhood
Association Presidents, City and County people, and grass roots people. He stated they
are very taken by Delray Beach with regard to the scale and the way it has come together.
- 28-
11121106
He stated he saw Vice Mayor Ellis at Greenfield's Restaurant (corner of
Military Trail and Atlantic Avenue) last night where they held a fundraiser for C.R.O.S.
(Christians Reaching Out to Society) Ministries and the Caring Kitchen. Mayor Perlman
stated this raised a lot of money for the Caring Kitchen at a good time of year. Mrs. Ellis
stated it was a great event and commented that Nancy Hurd won the raffle.
Mayor Perlman stated he held a meeting at the Chamber of Commerce last
week which started as a State of Retail and what can be done about some of the
challenges facing retailers. He invited a number of retailers and they showed up along
with commercial property owners and the first issue was taxation on commercial
property. Mayor Perlman stated Representative Adam Hasner attended the meeting and
noted that the meeting was very interesting with passionate conversation. He stated
everyone left with a greater understanding of the issue and clearly the line out of
Tallahassee is local government is spending too much. Mayor Perlman stated it does not
take into consideration that the increased costs we now have to deal with such as
insurance, labor, chemicals, concrete and roads have become extraordinary. He is hoping
that the League of Cities and the League of Mayors will work together to get a strong city
message out.
He commented about a magazine entitled Where to Retire (a quarterly
magazine) and noted there is a twelve page spread featuring Delray Be'ach.
Mayor Perlman commented about the Block 69 garage and asked for an
update on the timetable. The City Manager stated the owner is aiming for December
15th; however, the contractor feels this is probably not realistic. The City Manager stated
they have asked to meet with City staff regularly so that we can expedite any issues that
might come up regarding fire inspections or street improvements that might delay the
opening. The City Attorney stated staff did provide a checklist of things that need to be
done from a legal standpoint of turning over the property.
Mr. Levinson suggested that starting at the end of the day tomorrow
reopen and properly sign and barricade the street (I st.s). He stated he drove around this
area and saw crushed rock compacted and there were no other barricades anywhere else.
Mr. Levinson stated we need to have barricades in place and have staff make sure
everything is the way it is supposed to be and ensure that it is safe.
Mayor Perlman stated he and Mary Wong delivered turkeys to the Child
Care Center, Pompey Park, and the Youth Vocational Charter School.
The City Manager stated the State has done a lot of things which have
shifted costs from the State to the local property taxpayer. The required local effort for
schools ten years ago was funding a little over thirty percent (30%) of the school budget
and now it is up to fifty percent (50%) in addition to the Article V court costs, Medicare
costs, and other costs that have shifted to the County Property Tax base that formally the
State was funding. The City Manager stated the message needs to get out that much of
- 29-
11/21/06
the reason the property taxes are so high is because the State has cut their taxes and
shifted the burden to County and City government.
~l
~
1
Mr. Levinson referenced a letter to the editor from a non-resident who
resents higher property taxes and does not feel there should be two levels of taxation.
Lastly, Mayor Perlman wished everyone a Happy Thanksgiving.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:16 p.m.
~~.~-~. ~~,
City Clerk
ATTEST:
~f~
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 21,2006, which Minutes were formally approved and adopted by the City
Commission on January 2, 2007
~~~.~
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 30-
11 /21/06
..
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR MELLOW MUSHROOM
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
November 21, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for Mellow
Mushroom. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LOR Section 4.6.9(E)(3), when additional parking is required for a change
of use and it is impossible or inappropriate to provide such parking the City Commission
may approve the payment of an in lieu fee rather than provide the required parking.
Does the In Lieu Parking Fee request meet the requirements of LOR Section
4.6.9(E)(3) and the conditions, if any, listed below?
The in-lieu fee is pavable at time of issuance of the buildinQ permit.
Yes X No
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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
1
Il-efr1 1 A-
<<
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the' entire record before it. the City Commi.ssion approves l
'I
.
i:
i
denies _ the in lieu parking fee request as set forth above. '
6. Based on the entire record before it. the City Commission hereby adopts
this Order this 21st day of November. 2006. by a vote of 5
in favor and
o
opposed.
ATTEST:
~L~~ .~..~~
Chevelle Nubin.City Clerk
2
to
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
'~OUNTY:'MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
...., NAME-FIRST NAME-MIOOLE NAME
'erlman Jeffre L.
MAlUNG ADOREss
DATE ON WHICH VOTE OCCURRED
11/21/2006 -
COUNTY
Palm Beach
NAME OF BOARD. COUNcIL. COMMISSION, AUTHORITY.ORCOMMfTTEe
Delray Beach City Commission
TIE BOARD, COUNCIL. COMMISSION. AlmioRllY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
iICITY QCOONTY QOTHERlOCALAGENCY
NAME OF POUTICAL SU8OMSION:
Lakes Drive
MY POSITION IS:
X'd ELECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
This form Is for use by any person serving at the county. city, or other local level of government on an appointed or elepted board. council,
commission, authority, or committee. It applies equally to members of advisory anci non-advisory bodies who are presented with a voting
Conflict of Interest under Section 112.3143, Florida Statutes.
. Your responsiblUlies under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this -form-before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDASTA1':UJ;E$
'rson holding elective or appointive county, municipal, _ or other local public offICe MUST N3STAlNfrom voting On a meaSUre 'which
S to his or her special private gain or loSs. Each elected or appointed local officer also is prohibited from kllowingly voting on a mea-
.KG' which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (induding the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. CommissionerS of community redevelopment agencies under seC. 163.356 or
163.357. ES.. and officers of independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a "relative" includes only the officer's faUler, mother, son. daughter, husband, wife. brother, sister, father-in-law,
mother-in-law, son-In-law, and daughter-in-law. A .business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
.
.
.
.
.
.
, ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the Conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature 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 Ulis form with Ule person responsible for recording the min-
utes of the meeting, who should incOrporate Ule'form in the minutes.
.
.
.
.
.
.
.
APPOINTED OFFICERS:
Although you must abstain from voting _ in the situations described above. you oUlefWise may participate in these mattars. However, _ you
ust disclose the nature of the conflict before making any attempt to influence tha decision, whether orally or in writing and whether made
, . '"'IJ or at your direction.
....U INTEND TO MAKE ~Y ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in Ule minutes. (Continued on other side)
ce FORM 88. EFF. 112000
Item. 9. F
PAGE 1
<
,
l
(.....~J
'L.
APPOINTEPOFFICERS (continued)
. A copy of the form must be provided immediately to the other ~Of the agency.
· The form mlJ$tbe readpublic!Y at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION eXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your.conflict in the measure before participating.,
. You must cOrriplete the form and file ltwithl1'l15,days after the vote OCCUrs with the person responsible for recording the minutes of the
meeting, who must Incorporate the form In the minutes. A copy of the form must be provided Immediately to the other members of the
agency, and the form mustbe read publicly at the next meeting after the form Is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrey Perlman
~ovember 21,
, hereby disclose that on
(a) A measure cameo.. will come befOre my agency which (check one)
Inured to my special private gain or loSs;
Inured to the ,pedal g~lnor kls,s. of my business associate.
XXX IIlUfGd tothQ special gall'l or loss of my relative, Dianna Colonna
Inured to the special gain or loss of
whom I am retained; or
Inured to 1I\e sP<<ial galnor,loss of
is the Parent otganilation Or'SObsldliuy of a principal which has retained me.
(b) The meas.-e'before myagency'Mdthe rlature of my cOOfllctlngil,terestln the measure lsas follows:
.20~:
, .
.
,by
,which
~ ]
- i
. . . . . -
-Diane 'Co16nna, ID!wife,; i~ the. Executive Direc:torq~Pdie' '~o~unif}'Redevel.op~el1t:, .
Agency (CRA). . I have: a conf~ict:Voting on items tha:td;irect;iy ai;fect tll~ CRA.
11/21/2006
Date Flied
, ,
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURETO MAKE ANY REQUIRED DISCLOSURE
CONSTiTUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE l=OLLOWING: IMPEACHMENT, .
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND",OR A \,
CIVIL PENALTY NOT TO EXCEED $10,000. r
ce FORM 88 - EFF. 1/2000
PAGE 2