01-02-07 Minutes Reg
JANUARY 2. 2007
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, January 2,2007.
1:.
Roll call showed:
Present - Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Rita Ellis
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy McCarthy 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 Item 9.A., Conditional Use Modification
ReQuestJDelrav Beach Club has been postponed per the applicant's request.
There is a revised Item 8.L., Resolution No. 1-07 (State Housin~
Initiatives Partnership (SHIP) Local Housine Assistance Plan) and additional
information (Board Order) for Item 9.B., Waiver ReQuests/Cannery Row.
Mr. Levinson requested that Item 8.D., Chanee Order No. 7/Final
(Contract Closeout)!Asphalt Consultants. Inc.. Item 8.F., Chanee Order No. 6/Final
(Contract Closeout)!Chaz EQuipment. Inc.. Item 8.G., Chanee Order No.
lI(Contract Addition)!Rosso Pavine & Drainaee. Inc.. Item 8.H., Chan~e Order No.
3/Final (Contract Closeout)/West Construction. Inc.. and Item 8.L., Resolution No.
1-07 (State Housine Initiatives Partnership (SHIP) Local Housine Assistance Plan)
be moved to the Regular Agenda.
Mr. Fetzer 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. Said motion passed with
a 4 to 0 vote.
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5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
November 21, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer-
Yes. Said motion passed with a 4 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the Regular Meeting of
December 5, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson-
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Calline for the First-Non-Partisan Election to be held on March 13.
2007
Mayor Perlman read a proclamation hereby calling for the First
Nonpartisan Election to be held on Tuesday, March 13, 2007, between the hours of
7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray
Beach as designated by the Supervisor of Elections. He presented the proclamation to the
City Clerk.
7. PRESENTATIONS:
7.A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. AMENDMENTIEASEMENT AGREEMENTIPORTEN CUSTOM
HOMES. L.C.: Approve an amendment to the easement agreement between the City
and Porten Custom Homes, LC., to allow a portion of the pool and deck to extend into the
easement area, located on the northwest corner of N.E. 1 st Street and the Intracoastal
Waterway.
8.B. REOUEST FOR SIDEWALK DEFERRALI1516 PINE LANE:
Approve a request to defer the installation of a sidewalk in front of 1516 Pine Lane. Staff
recommends approval.
8.C. RESOLUTION NO. 2-07: Approve Resolution No. 2-07 urging
members of the Florida Legislature to support municipal issues during the 2007
Legislative Session.
The caption of Resolution No. 2-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, URGING
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MEMBERS OF THE FLORIDA LEGISLATURE TO
SUPPORT THE FOLLOWING ISSUES DURING THE
2007 LEGISLATIVE SESSION.
(The official copy of Resolution No. 2-07 is on file at the City Clerk's
Office. )
8.D. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.H.
8.E. CHANGE ORDER NOS. 3 & 4 (CONTRACT CLOSEOUT)!FINAL
PAYMENTIBSA CORPORATIONIDELRAY BEACH PUBLIC LIBRARY:
Approve Change Order No. 3IFinal in the amount of $245,655.56, and Change Order No.
4IFinal in the amount of a $233,455.00 decrease and final payment in the amount of
$76,118.25 to BSA Corporation for the construction of the new Delray Beach Public
Library; and approve a return of refund in the amount of $79,909.58 to the Delray Beach
Public Library. Funding is available from 334-3552-571-62.10 (General Construction
FundlBuildings ).
8.F. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.1.
8.G. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.J.
8.H. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.K
8.1. GUARANTEED MAXIMUM PRICE (GMP)IWESTERN/SENIOR
COMMUNITY CENTER/WEITZ COMPANY: Approve the Guaranteed Maximum
Price (GMP) in the amount of $640,957.00 to Weitz Company for the construction of
Phase 1 (Site Work) including pond dredging, underground utilities and site grading for
the Western/Senior Community Center Project. Funding is available from 380-4150-
572-62.58 (2004 G.O. Bond/Westem Community Center).
8.J. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND
REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE
FIRST NON-PARTISAN ELECTION: Authorize the Palm Beach County Supervisor
of Elections to handle and canvass the City's absentee and provisional ballots for the
March 13, 2007 First Non-Partisan Election, and represent the City at the requisite Logic
and Accuracy tests.
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8.K MEMORANDUM OF UNDERSTANDING/FLORIDA
DEPARTMENT OF FINANCIAL SERVICES: Approve a Memorandum of
Understanding with the Florida Department of Financial Services; and accept the 2007
Domestic Preparedness Grant from the State Homeland Security Grant Program in the
amount of $38,412.00 for equipment, maintenance of equipment, and training courses
related to Homeland Security.
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8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.L.
8.M. AGREEMENT/COMMAND SECURITY CORPORATION: Approve
an agreement between the City and Command Security Corporation to administer the
non-city sponsored off-duty police detail, including requests for services, scheduling
work and confirming completion along with maintaining logs and completing 1099s for
the individual officers; and Command Security will pay the City $7,500.00 per year for
administrative personnel involved in administration ofthe off-duty police details.
8.N. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE:
Approve a special event request for the Art and Jazz on the Avenue to be held on January
18,2007, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section
2.4.6(F) for street closure of Atlantic Avenue, from Swinton to N.E.lS.E. ih Avenue, the
alley north of Atlantic Avenue between N.E. 2nd Avenue and Railroad Way, Railroad
Way from Atlantic to the alley just north of Atlantic Avenue, N.E. 2nd Avenue from
Atlantic A venue to the alley and the Tennis Center parking lot; authorize staff support for
security and traffic control, barricading and EMS assistance.
8.0. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND
CULTURAL SHOW: Consider approval of a special event request to allow the 4th
Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of
Florida, to be held on March 24-25, 2007 from 10:00 a.m. until 10:00 p.m. on the
grounds of Old School Square and in the Old School Square parking lot, granting a
temporary use permit per LDR Section 2.4.6(F) for street closure of the southwest section
of Old School Square parking lot and City Hall parking lots; authorize staff support for
security and traffic control, barricading, EMS assistance and event signage.
8.P. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve
a special event request to allow the 9th Annual Cinco De Mayo Fiesta to be held Saturday,
May 5,2007, from 1:00 p.m. until 11:00 p.m. at Old School Square, granting a temporary
use permit per LDR Section 2.4.6(F) for use of City parking lots at City Hall; authorize
staff support for security and traffic control, barricading, and also approve staff request to
use the South County Courthouse parking garage with the event sponsor paying the costs
to operate the garage from 12:00 p.m. to 5:00 p.m. and light tower costs; contingent on
the receipt of a hold harmless agreement and receipt of the certificate of liability
insurance and liquor liability insurance.
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~ COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the
funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater Palm
Beaches, Inc.) under the Community Development Block Grant (CDBG) program for FY
2006-2007 Annual Action Plan, with the total funding in the amount of $5,000.00 from
various accounts within the CDBG fund.
8.R. ADDENDUMUCONTRACT FOR SALE AND PURCHASE OF
PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST. INC.: Approve an
addendum to the Contract for Sale and Purchase of Property with the Delray Beach
Community Land Trust, Inc. extending the closing date to June 29,2007 for the property
located at 802 S.W. 3rd Street.
8.S. FLORIDA EAST COAST RAILWAY COMPANY (FEC)
CROSSING LICENSE AGREEMENTSIREAL ESTATE LEASE FOR (4)
PARCELS OF LAND: Approve the license agreements with the Florida East Coast
Railway Company (FEC) in the amount of $9,000.00 each year for use of the N.E. 1st
Street and S.B. 1st Street railroad crossings; and approve the Real Estate Lease in the
amount of$9,800.00 for the four (4) parcels ofland (Parcels A, B, E and F).
8.T. RATIFICATION OF APPOINTMENTS/KIDS AND COPS
COMMITTEE: Approve and ratify the appointments of Shirley Santiago and Paul
DeDominoco to the Kids and Cops Committee for unexpired terms ending November 30,
2007.
8.U. VILLAGE OF WELLINGTON AND THE CITY OF DELRAY
BEACH v. PALM BEACH COUNTY: Authorization to join in the appeal of the
Village of Wellington and the City of Delray Beach, et al. v. Palm Beach County
regarding any appeal filed to the Supreme Court of Florida.
8.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 11, 2006 through December 29, 2006.
8.W. AWARD OF BIDS AND CONTRACTS:
1:. NONE
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman-
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed
with a 4 to 0 vote.
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9.
9.A. THIS ITEM HAS BEEN POSTPONED DUE TO THE REQUEST
OF THE APPLICANT.
REGULAR AGENDA:
9.8. WAIVER REQUESTS/CANNERY ROW: Consider a request for
waivers of Land Development Regulations (LDR) Section 4.6.18 (B)(14)(v)(2),
"Buildings within the Downtown Area; Miscellaneous; Wall Colors" and Section
4.6.18(B)(14)(v)(3), "Buildings within the Downtown Area; Miscellaneous;
Appurtenances", associated with the Class V Site Plan for Cannery Row, located at the
southwest corner ofN.E. 2nd Avenue and N.E. 4th Street (Pineapple Grove Way). (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.
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 #2006-238 into the record.
Mr. Dorling stated on December 13, 2006, the Site Plan Review and
Appearance Board approved the Class V development proposal to construct an 82
townhouse project on the property formerly known as the Publix site. It also included a
recommendation for two waivers: (1) LDR Section 4.6.18 (B)(14)(v)(2), which requires
that a maximum of 4 primary wall colors shall be used for each building; and (2) LDR
Section 4.6.18(B)(14)(v)(3), which requires that miscellaneous free standing, wall or
ground mounted appurtenances such as electrical and gas meters, dumpster/recycling,
trash compactors, gas tanks, air conditioning and communication equipment be enclosed
or screened and integrated into the buildings architectural treatment.
The Site Plan Review and Appearance Board (SPRAB) considered these
waivers and recommended approval to the City Commission.
Pursuant to LDR Section 4.6. 18(14)(v)(3), a maximum of 4 primary wall
colors shall be used for each building. The development proposal includes a color
scheme that includes 9 different primary wall colors.
Gary Eliopoulos, Architect with Kupi & Eliopoulos Architects, P.A.,
concurs with staffs report and is available for any questions the Commission may have.
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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 as set forth, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
9.C. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) for the funding of construction and
professional services for FY 2006 - 2007 City projects.
Mayor Perlman declared a conflict of interest, passed the gavel to Deputy
Vice Mayor Fetzer and left the dais.
Mrs. Montague moved to approve the Interlocal Agreement between the
City of Delray Beach and the Community Redevelopment Agency (CRA) for the funding
of construction and professional services for fiscal year 2006-2007, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to 0 vote.
9.D. AGREEMENTIHURRICANE HOUSING RECOVERY PROGRAM
(HHRP): Consider approval of an agreement between the City, Community
Redevelopment Agency (CRA) and Hatcher Development and Construction in the
amount of $519,138.00 for the rehabilitation of 133 N.W. 5th Avenue. The bid award is
being contested. Funding is available from 118-1932-554-49.19 (Community
Development FundIHousing Rehabilitation).
Mayor Perlman declared a conflict of interest, passed the gavel to Deputy
Vice Mayor Fetzer and stepped down from the dais.
Mr. Levinson moved to approve the agreement between the City of Delray
Beach, Community Redevelopment Agency (CRA) and Hatcher Development and
Construction, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mr. Fetzer - Yes. Said motion
passed with a 3 to 0 vote.
9.E. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Appoint three (3) regular members and two (2) alternate members to the Code
Enforcement Board for three (3) year terms ending January 14, 2010. Based upon the
rotation system, the appointments will be made by Commissioner Levinson (Seat #3),
Commission Montague (Seat #4), Mayor Perlman (Seat #5), Commissioner Ellis (Seat
#1) and Commissioner Fetzer (Seat #2).
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Mr. Levinson stated he would like to defer his appointment to the City
Commission meeting of January 16, 2007.
Mrs. Montague moved to reappoint David Hawke as a regular member to
the Code Enforcement Board for a three (3) year term ending January 14, 2010, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
Mayor Perlman stated he wished to reappoint Stanley Brodka as a regular
member to the Code Enforcement Board for a three (3) year term ending January 14,
2010. Mrs. Montague so moved, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson -
Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
Mrs. Ellis' appointment will be deferred to the City Commission meeting
of January 16, 2007.
Mr. Fetzer moved to appoint Susan Kay as an alternate member to the
Code Enforcement Board for a three (3) year term ending January 14, 2010, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
9.F. APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint two (2) Citizen-at-Large Representatives to the Parking
Management Advisory Board for two (2) year terms ending January 31, 2009. Based
upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat
#2) and Commissioner Levinson (Seat #3).
Mr. Fetzer moved to appoint Nancy Schneider as a Citizen-at-Large
Representative to the Parking Management Advisory Board for a two (2) year term
ending January 31, 2009, seconded by Mrs. Montague. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 4 to 0 vote.
Mr. Levinson moved to reappoint Troy Wheat as a Citizen-at-Large
Representative to the Parking Management Advisory Board for a two (2) year term
ending January 31,2009, seconded by Mr. Fetzer. Upon roll call the Commission voted
as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mr.
Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.G. AGREEMENT/PAUL CONSULTING. INC.: Consider authorizing the
City Attorney to draft and the Mayor to execute an agreement with Paul Consulting, Inc.
in the amount of $38,700.00 via State Contract #973-561-06-1 for the administrative
services, installation and implementation, including technical support and upgrades, of
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the MuniAgenda (paperless) Software. Funding is available from 001-1411-512-66.10
(General Fund/Software) and 001-1411-512-46.90 (General Fund/Other
RepairlMaintenance Costs).
Mayor Perlman asked what the timetable is for this project. Bob Kinsey,
Account Executive with Municipal Code Corporation (MCCI), stated the longest it would
take would be 90 days. Mr. Kinsey stated typically from receipt of contract to
installation is about 45 days.
Mr. Levinson stated he watched as the School Board agonized through
their MuniAgenda and there was a staff at the meetings to assist seven of them in
navigating through on a regular basis. Mr. Kinsey stated when they go through the
development processes as they are receiving approvals they are hosting on their servers in
Tallahassee. Once they receive the final approval that everything is exactly as it should
be it is still going to be hosted on the servers for at least a week or two weeks depending
on how much time the City Clerk and staff need to work through the software. Mr.
Kinsey stated once they install the software and do the training then they recommend
going through two agenda cycles along with the manual processes and running the
meeting agenda at the same time. He stated once the Commission goes live with the
MuniAgenda then they can have a staff person on-site during that time. Mr. Kinsey
stated the software if very user-friendly and the 20 hours can be used for additional
training.
Mrs. Montague askedfor an approximate date of when they would be on-
line. Mr. Kinsey stated if they went to contract tomorrow they would immediately start
work on the product. The product itself is basically a shell and they customize it to fit the
City. The part of the training that the Commission will be getting is not going to be as
intensive because they will not need the same kind of training that the City Clerk and her
staff will need. Mr. Kinsey stated the 20 hours of training is good for one year so once
the new Commission members come on Board he can certainly come back and address
their training needs as well. If more than 20 hours are needed, the City can always
purchase additional hours if necessary.
Mr. Fetzer moved to approve to authorize the City Attorney to draft an
agreement and the Mayor to execute an agreement with Paul Consulting, Inc. in the
amount of $38,700.00, seconded by Mr. Levinson. Upon roll call the Commission voted
as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.H. CHANGE ORDER NO. 7/FINAL (CONTRACT
CLOSEOUT)!ASPHALT CONSULTANTS. INC.: Approve Change Order No.
7IFinal (Contract Closeout) in the amount of $141,650.69 and final payment in the
amount of $146,349.71 to Asphalt Consultants, Inc. for completion of the N.W.lS.W. 5th
Avenue Improvements Project. Funding is available from 334-3162-541-65.83 (General
Construction Fund/CapitallNW/SW 5th Avenue - SW 1st to NW).
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Mr. Levinson stated he removed this item and the following four items off
the Consent Agenda because he does not like how far off staff is on both time and money.
He stated he would like to see a plan from staff to see what is going to be done to more
clearly identify scope and create a process by which we end up with much clearer
financial commitments. He stated we are routinely off on dollars and if this is because
we are changing scope then we need to look at why this is happening. He stated each
time there is a project like this (whether it is roadways or a building) staff is amending
days and time dealing with changes of scope and dollars. Mr. Levinson stated if we are
continuing to be this far off on dollars and on time then something is wrong with the
process.
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Brief discussion followed between the City Manager and the Commission.
Richard Hasko, Director of Environmental Services, stated he can go back
over the last few years and obtain information regarding what the issues are.
Mr. Fetzer moved to approve Change Order No. 7IFinal (Contract
Closeout)/ Asphalt Consultants, Inc., seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson-
Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
9.1. CHANGE ORDER NO. 6/FINAL (CONTRACT
CLOSEOUT)/CHAZ EQUIPMENT. INC.: Approve Change Order No. 6IFinal
(Contract Closeout) in the amount of $6,276.90 and final payment in the amount of
$51,787.76 to Chaz Equipment Company, Inc. for completion of the Swinton Avenue
Beautification Project. Funding is available from 119-4151-572-60.69 (Beautification
Fund/Capital OutIaylImprovements Other) and 448-5461-538-63.90 (Storm Water Utility
Fund/Other Improvements).
Richard Hasko, Director of Environmental Services, stated this project
entailed much more than Swinton Avenue Beautification and noted that staff added a few
tasks and scopes that needed to be taken care of at the Water Treatment Plant and the
Environmental Services site. Staff added the utility relocation to get a head start on the
garage. Mr. Hasko stated there was quite a number of change orders (i.e. additional
scopes) added to this project to try and expedite preceding of other projects.
Mr. Levinson stated every year the County has a CM RFP and they select
three contractors that are available for any and all capital improvement work. Instead of
adding to these scopes, Mr. Levinson suggested that staff have a list of contracts and this
way there is a list of approved CM selected contractors who are available and can be
assigned work.
Mr. Fetzer stated the Commission talked at one point about having a
Workshop item on discussing Construction Manager (CM) at Risk. The City Manager
stated this is scheduled for discussion on the Workshop Meeting of January 9, 2007.
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Mrs. Montague moved to approve Change Order No. 6IFinal (Contract
Closeout) in the amount of $6,276.90 and final payment in the amount of $51,787.76 to
Chaz Equipment Company, Inc., seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.J. CHANGE ORDER NO. lI(CONTRACT ADDITION)IROSSO
PAVING & DRAINAGE. INC.: Approve Change Order No. 1/(Contract Addition) in
the amount of $34,815.00 to Rosso Paving & Drainage, Inc. for additional work required
for the parallel parking spaces on Coral Trace Boulevard, and a contract extension of
thirty-five (35) days to the Eagle Park Project. Funding is available from 380-4150-572-
63.23 (2004 G.O. Bond/Other ImprovementslNeighborhood Parks).
Mr. Fetzer moved to approve Change Order No. 1/(Contract Addition) in
the amount of$34,815.00 to Rosso Paving & Drainage, Inc. for additional work required
for the parallel parking spaces on Coral Trace Boulevard and a contract extension of
thirty-five (35) days to the Eagle Park Project, seconded by Mrs. Montague. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.K. CHANGE ORDER NO. 3/FINAL (CONTRACT
CLOSEOUT)IWEST CONSTRUCTION. INC.: Approve Change Order No. 3IFinal
(Contract Closeout) in the amount of a $33,167.70 decrease and final payment in the
amount of $42,834.38 to West Construction, Inc. for completion of the Mike Machek
Boy Scout Hut Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O.
Bond Fund/Boy Scout Hut Project).
Mr. Fetzer moved to approve Change Order No. 3IFinal (Contract
Closeout)/West Construction, Inc. in the amount of $33,167.70 decrease and fmal
payment in the amount of $42,834.38 to West Construction, Inc. for completion of the
Mike Machek Boy Scout Hut Park Project, seconded by Mrs. Montague. Upon roll call
the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.L. RESOLUTION NO. 1-07 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve
Resolution No. 1-07 adopting the amended Local Housing Assistance Plan for Fiscal
Years 2004-2007 pursuant to Title 67-37 of the Florida Administrative Code.
Mr. Levinson stated he sits on the committee that is working with the
County on this and the purpose of this is to comply with State law. He stated State law
has a clear definition that they want everyone to adopt. Mr. Levinson stated the
definition of essential worker from the State, the Federal Government or the County is
not based on any of this but is based on percent of AMI.
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The City Manager stated staff is not necessarily recommending this but
they have asked that it be put before the Commission.
Mrs. Montague commented about the language that was added "housing
related employees and professionals" and when talking about housing she feels it does
not get mo~e fundamental than that. She stated the League of Cities came up with this
language and it was presented to Palm Beach County. Mrs. Montague stated Palm Beach
County adopted the language in their ordinance as well as the City of West Palm Beach.
The City Manager stated this list could be almost endless. Mrs. Montague
stated when talking about housing we are talking about workforce housing and there is
nothing in the language that relates to housing related employees and professionals.
Therefore, Mrs. Montague supports adding this language to the ordinance.
Mr. Fetzer concurs with comments expressed by Mr. Levinson and does
not support adding the language.
Mayor Perlman asked if the City is precluding anyone. The City Attorney
stated the ordinance states "personnel in other industries deemed essential by the City of
Delray Beach government based on the local economy." The City Attorney stated as
things come up over time the Commission can revisit it at certain times.
Mr. Levinson moved to approve the original Resolution No. 1-07,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - No. Said
motion passed with a 3 to 1 vote, Commissioner Montague dissenting.
At this point, the time being 6:55 p.m., the Commission moved to Item
I2.A., First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 83-06: Future Land Use Map amendment (small-
scale) from TRN (Transitional) to GC (General Commercial) and rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) for three (3) parcels, totaling
0.843 acres, located at 2703, 2709 & 2715 South Federal Highway. If passed, a public
hearing will be scheduled for January 16,2007.
The caption of Ordinance No. 83-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM TRN
(TRANSITIONAL); TO GC (GENERAL
COMMERCIAL) ELECTING TO PROCEED UNDER
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THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED NC (NEIGHBORHOOD COMMERCIAL) TO
GC (GENERAL COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED ON
THE EAST SIDE OF SOUTH FEDERAL HIGHWAY,
BETWEEN AVENUE "G" AND LA-MAT AVENUE, 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.
(The official copy of Ordinance No. 83-06 is on file in the City Clerk's
Office. )
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated the action requested
of the City Commission is approval of a Future Land Use Map amendment from TRN
(Transitional) to GC (General Commercial) and a rezoning change from NC
(Neighborhood Commercial) to GC (General Commercial) for three individual and
contiguous properties. Mr. Dorling stated the required findings are made in the staff
report with respect to Section 2.4.5(D)(5), Section 3.1.1, and 3.2.2.
At its meeting of December 18,2006, the Planning and Zoning Board held
a public hearing in conjunction with the request. There was no public testimony in
support or in opposition to the proposal. The Board voted 6-0 to recommend approval of
the rezoning and Future Land Use Amendment.
16,2007.
The City Attorney stated there will be a Quasi-Judicial Hearing on January
Mrs. Montague moved to approve Ordinance No. 83-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 1-07: Rezoning from RM (Medium Density
Residential) to CF (Community Facilities) for the proposed Community Land Trust
Office, located at 145 S.W. 12th Avenue, on the northeast corner ofS.W. 12th Avenue and
S.W. 2nd Street. Ifpassed, a public hearing will be scheduled for January 16, 2007.
The caption of Ordinance No. 1-07 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING A PARCEL LOCATED
AT THE NORTHEAST CORNER OF SW 12TH AVENUE
AND SW 2ND STREET, 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.
(The official copy of Ordinance No. 1-07 is on file in the City Clerk's
Office. )
The City Attorney read the cl,lption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a zoning
change from RM to CF for Lot 12, Block 6 Atlantic Gardens, Delray Subdivision to
accommodate the City of Delray Beach Community Land Trust (CLT) office. The RM
zoning district does not allow community centers as either a principal or conditional use,
thus a rezoning application is being requested to change the existing zoning designation
from RM (Medium Density Residential) to CF (Community Facilities). This facility will
complement the Neighborhood Resource Center and will compliment the needs of the
neighborhood.
At its meeting of December 18, 2006, the Planning and Zoning Board held
a public hearing in conjunction with the request. There was no public testimony and the
Board voted 6-0 to recommend approval of the rezoning.
Mayor Perlman stated if this ordinance is passed this evening there will be
a public hearing on January 16, 2007.
Mr. Fetzer moved to approve Ordinance No. 1-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion ofthe Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 59-06 (FIRST READING/FIRST PUBLIC
HEARING): Privately sponsored Future Land Use Map amendment (small-scale) from
CF (Community Facilities) to LD (Low Density Residential 0-5 dulac) for a 9.00 acre
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portion of the Christ the King Monastery ofSt. Clare and rezoning from CF (Community
Facilities) to R-l-AA (Single Family Residential).
1:. Request to reduce the minimum lot frontage and lot width
requirements for Lots 20 and 25 within the proposed subdivision at Christ
the King Monastery of St. Clare, Inc., located at the southeast corner of
Sherwood Boulevard and Sutton Place.
The caption of Ordinance No. 59-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
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.
(The official copy of Ordinance No. 59-06 is on file at the City Clerk's
Office. )
The City Attorney read the caption of the ordinance.
Mayor Perlman stated it was pointed out to him earlier this afternoon that
there might have been some differences in the ordinance compared to what was agreed to
when they got together with himself, the neighborhood, City staff, the attorney, developer
and the architect.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach. stated with respect to the ordinance if there were a
change which would for the same six lots that have to be 12,500 square feet in size, add a
provision that they also had to comply with R-1-AAA-B setbacks, the applicant would
agree to that. Mr. Weiner stated his understanding is the first reading/first public hearing
will be held on January 16, 2007 and the second reading/second public hearing will be
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held on February 6, 2007 (Quasi-Judicial Hearing).
The City Attorney stated staff cannot make the change this evening and
hold a first reading because this ordinance requires two publicly advertised public
hearings and it has already been advertised. Due to these substantial changes, staffhas to
re-advertise the ordinance.
The City Attorney stated this can be posted on the City's website for the
public to review.
Mr. Levinson moved to approve to continue Ordinance No. 59-06 to
January 16, 2007 (First ReadinglFirst Public Hearing), seconded by Mr. Fetzer. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 78-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
repealing Section 4.6.7, "Signs", in its entirety and enacting a new Section 4.6.7, "Signs",
in order to provide a single, combined and updated sign code; and amending Appendix
"A", "Definitions", to provide updated definitions relating to signs.
The caption of Ordinance No. 78-06 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,
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", BY REPEALING SECTION 4.6.7,
"SIGNS", IN ITS ENTIRETY AND ENACTING A NEW
SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A
SINGLE, COMBINED AND UPDATED SIGN CODE;
AMENDING APPENDIX "A", "DEFINITIONS", TO
PROVIDE UPDATED DEFINITIONS RELATING TO
SIGNS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 78-06 is on file at 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.
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01/02/07
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated amendment to the LDR's to accommodate revisions to the sign code. Recent
case law from the Eleventh Circuit Court has found that the regulation of signage cannot
be based on sign content. The proposed amendment is a complete rewrite of the sign
code to eliminate any references to regulations pertaining to sign content. The code has
also been rewritten to be more user friendly; additional language has been added to define
"flags" and "noncommercial signs;" and definitions have been deleted for
"Construction/development sign" and "political sign".
At its meeting of November 20, 2006, the Planning and Zoning Board
considered the text amendment. No one from the public spoke on the amendment. The
Board discussed the ordinance and voted 4 to 0 (Eliopoulos, McDuffie and Halberg
absent) to recommend approval. This was considered by the City Commission on First
Reading on December 5, 2006 and at that time approved.
Mayor Perlman declared the public hearing open.
Alice Fins!. 707 Place Tavant. Delrav Beach. asked why is this
happening now, what the purpose of this ordinance is and what is this going to do for the
public. She expressed concern over the signs on the fences of new developments and
stated they are becoming hundreds of feet of advertising. Mrs. Finst stated whether or
not those signs are permitted is going to be at the jurisdiction of the Sign Inspector and
she does not feel the responsibility should be placed on the Sign Inspector.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 78-06, the public hearing was closed.
Prior to the vote, Mayor Perlman stated to his understanding this is
precipitated by recent case law that is requiring the City of Delray Beach to rewrite the
sign code.
The City Attorney stated this is in response to the latest court case and
staff has tried to remove references to content as much as possible. She stated that staff
has also strengthened the severability language in the ordinance.
Mr. Levinson moved to adopt Ordinance No. 78-06 on Second
Reading/Second Public Hearing, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 79-06: Privately initiated rezoning from GC
(General Commercial) to AC (Automotive Commercial) for a 6.28 acre property
(formerly the Ralph Buick Dealership), located at the northeast corner of South Federal
Highway and Fladell's Way. (Quasi-Judicial Hearing)
The caption of Ordinance No. 79-06 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GENERAL COMMERCIAL (GC) DISTRICT TO
AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID
LAND BEING A PARCEL LOCATED AT THE
NORTHEAST CORNER OF SOUTH FEDERAL
HIGHWAY (U.S. HIGHWAY NO.1) AND FLADELL'S
WAY (AVENUE "F"), 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.
(The official copy of Ordinance No. 79-06 is on file at 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.
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.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach (representine the Applicant). introduced Mr. David
Ross who had some things occur recently and therefore is requesting a thirty (30) day
tabling.
David Ross. Applicant. stated someone has presented him with
something between Christmas and New Year's and would involve the zoning as it
currently is. Mr. Ross requested a thirty (30) day tabling of this ordinance.
Mr. Fetzer moved to approve to continue to February 6, 2007 at 7:00 p.m.,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
10.D. ORDINANCE NO. 82-06: City initiated amendment to the Land
Development Regulations (LDR) amending Section 4.3.3(1), "Community Residential
Homes and Group Homes" to provide that a Type 1 group home shall not be located
within 1,000 feet of another Type 1 group home or a community residential home.
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The caption of Ordinance No. 82-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 4.3.3(1), "COMMUNITY
RESIDENTIAL HOMES AND GROUP HOMES", OF
THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRA Y BEACH, FLORIDA, BY
PROVIDING THAT GROUP HOMES, TYPE 1 SHALL
NOT BE LOCATED WITHIN A RADIUS OF 1,000
FEET OF COMMUNITY RESIDENTIAL HOMES AND
CHANGING ALL REFERENCES OF OCCUPATIONAL
LICENSE TO BUSINESS TAX RECEIPTS IN ORDER
TO COMPORT WITH RECENT CHANGES IN STATE
LAW; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 82-06 is on file at the City Clerk's
Office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated amendment to the LDR's to accommodate revisions related to Community
Residential Homes and Group Homes. The proposed amendment is required to bring the
section dealing with Community Residential Homes into compliance with changes in the
Florida Statutes. The Florida Statutes were amended to add the requirement that
Community Residential Homes with six or fewer residents not be located within 1,000
feet of another Community Residential Home.
At its meeting of November 20, 2006, the Planning and Zoning Board
considered the text amendment and voted 4 to 0 (Eliopoulos, McDuffie and Halberg
absent) to recommend approval. At its meeting of December 5, 2006, the City
Commission considered the text amendment and recommended approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 82-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 82-06 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
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01/02/07
10.E. ORDINANCE NO. 80-06: Amendment to the Land Development
Regulations (LDR) Section 2.4.5 "Procedures for Obtaining Development Approvals"
and Section 2.4.3(K) "Fees" to create an application process for in-lieu of parking and
public parking fee requests.
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The caption of Ordinance No. 80-06 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 2.4.3(K), "FEES", SUBSECTION
2.4.3(K)(l), "DEVELOPMENT APPLICATIONS ";
AMENDING SECTION 2.4.5, "PROCEDURES FOR
OBTAINING DEVELOPMENT APPROVALS", BY
CREATING SUBSECTION 2.4.5(0), "IN-LIEU OF
PARKING AND PUBLIC PARKING FEE REQUEST;
BY CREATING A PROCESS FOR THE REVIEW AND
APPROVAL OF IN LIEU OF AND PUBLIC PARKING
FEE REQUESTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 80-06 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated currently in-lieu of
Parking and Public Parking Fee in-lieu requests are processed in conjunction with Class
III or greater site plan modifications. A Class III site plan modification requires
submission of a survey of the property, site plan, landscape plan, engineering plans and a
fee which starts at $525. These expenses are incurred by an applicant before he has any
assurance that he will be approved on an in-lieu fee. Mr. Dorling stated this is an attempt
to create an application which does not require all the costly items and requires a basic
sketch plan and reduced fee and then someone can go forward and get an assurance that
they will get the in-lieu fees. After that time, the reduced fee is credited to a Class III if
they are approved. Staff believes this is a better process for people to go through without
expending money that might needlessly do. Mr. Dorling stated this does meet the
requirements ofLDR Section 2.4.5(M)(5).
At its meeting of October 24, 2006, the Parking Management Advisory
Board (PMAB) unanimously recommended approval of the proposed text amendment to
create an in-lieu parking and public parking fee application process; at its meeting of
November 20, 2006, the Planning and Zoning Board voted 4-0 (Eliopoulos, McDuffie
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and Halberg absent) to recommend approval of the proposed text amendment to create an
in-lieu of parking and public parking fee process and association application fee.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 80-06,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 80-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 81-06: City initiated amendment to the Land
Development Regulations (LDR) amending Section 1.3.8, "Reconstruction Necessitated
by An Act of God", to add provisions for the reconstruction of lawful nonconforming
commercial structures damaged or destroyed by an Act of God.
The caption of Ordinance No. 81-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 1.3.8, "RECONSTRUCTION
NECESSITATED BY AN ACT OF GOD" OF THE
LAND DEVELOPMENT REGULATIONS BY
AMENDING SUBSECTION 1.3.8 (A) TO PROVIDE
FOR RECONSTRUCTION OF LAWFUL NON-
CONFORMING COMMERCIAL AS WELL AS
RESIDENTIAL STRUCTURES AND PROVIDING FOR
DEFINITION OF COMMERCIAL STRUCTURE,
PROVIDING FOR RELETTERING AND
RENUMBERING; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
Office. )
(The official copy of Ordinance No. 81-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated amendment to the LDR's to add the provision that lawful nonconforming
commercial structures and structures containing nonconforming commercial uses may be
rebuilt when reconstruction is necessitated by an Act of God. The purpose of this City
initiated LDR text amendment is to expand the provisions in the LDR's for the
reconstruction of nonconforming structures damaged or destroyed by and Act of God to
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include commercial structures.
The proposed amendment is generally consistent with and furthers the
Goals, Objectives and Policies ofthe Comprehensive Plan. However, pursuant to Coastal
Management Element Objective and Policies, the reconstruction of nonconforming
structures within the Coastal Planning Area destroyed by a natural disaster is limited to
residential, hotel, motel and resort dwelling unit structures. Therefore, a Comprehensive
Plan Text Amendment will be required before the new provisions are effective within the
Coastal Planning Area. This text amendment will be added to Comprehensive Plan
Amendment 2006-1 prior to adoption by the City Commission.
At its meeting of November 20, 2006, the Planning and Zoning Board
considered the text amendment. Art Taylor, who owns property in the 600 and 700 block
of North Federal Highway, spoke in favor of the amendment. The Board discussed the
ordinance and recommended approval with a 4 to 0 vote (Eliopoulos, McDuffie and
Halberg). The City Commission considered the text amendment at their December 5,
2006 meeting and recommended approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 81-06,
the public hearing was closed.
Prior to the vote, Mayor Perlman stated this is good public policy and
thanked the Planning and Zoning Board.
Mrs. Montague moved to adopt Ordinance No. 81-06 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer-
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:24 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A.
City Manaeer's response to prior public comments and inQuiries.
The City Manager had no response to prior public comments and
inquiries.
11.B. From the Public.
11.B.l. Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach. speaking on behalf of the Caron Foundation (located in
Delray Beach, Florida), stated the City Commission will be considering some other
ordinances that have been circulating some of which affect the recovering population.
Mr. Weiner stated any additional regulation in this area with respect to this particular use
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is not necessary. He hopes that the City Attorney will determine that no additional
ordinances should be passed regulating this industry.
U.B.2. Cara Sansonia. Attornev representine Wellness Resource Center
(provider of treatment services for recoverine alcoholics and substance abusers).
350 Camino Gardens Boulevard. Boca Raton. stated on December 12, 2006 she
addressed the Commission with respect to Ordinance No. 76-06 stating that they believe
it is an unnecessary regulation. Ms. Sansonia stated she is hoping when the Commission
reviews this ordinance they will agree that it is not necessary and will not appear on the
Agenda again.
At this point, the time being 7:26 p.m., the Commission moved back to
Item 12.C., First Readings.
12.C. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-
scale) from County LR-l (Low Density Residential 1 dulac) to City LD (Low Density
Residential 0-5 dulac) 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.
Ifpassed, a public hearing will be scheduled for January 16, 2007.
The caption of Ordinance No. 3-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM COUNTY LR-l (LOW
RESIDENTIAL 1 DU/ AC); 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 COUNTY AR
(AGRICULTURAL RESIDENTIAL) TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE NORTHWEST CORNER OF LAKE DRIVE AND
NW 22ND STREET, AS MORE PARTICULARLY
DESCRffiED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
Office.)
(The official copy of Ordinance No. 3-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
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Paul Dorling, Director of Planning and Zoning, stated the subject property
is 0.72 acres located at 2200 Lake Drive. The property was formerly in the City of
Boynton Beach and was de-annexed by Boynton Beach. The property was then annexed
by the City of Delray Beach on September 19, 2006 by Ordinance No. 44-06. At that
time, the ordinance also included a small scale amendment and zoning designation as
proposed. However, the State of Florida Department of Community Affairs (DCA) has
objected to this part of the ordinance as it was enacted prior to the adoption of the
Evaluation and Appraisal Report (EAR) which was October 23,2006. Therefore, at this
time staff is re-adopting the small scale amendment and zoning portion of this original
application.
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At its meeting of August 21, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the requests. There was public testimony in
opposition related to traffic increase and concerns that future development could include
a zero lot line development. After reviewing the proposal, the Board voted 6 to 0 to
recommend approval based upon positive findings.
Mr. Fetzer moved to approve Ordinance No. 3-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
n.D. ORDINANCE NO. 4-07: Future Land Use Map amendment (small-
scale) from County LR-3 (Low Density Residential 3 dulac) to City TRN (Transitional)
and rezoning from CG/SE (Commercial GeneraVSpecial Exception) to City zoning of
SAD (Special Activities District) for a 0.99 acre property to be known as Robotic Space
Savers located at the southwest corner of Conklin Drive and Military Trail. If passed, a
public hearing will be scheduled for January 16,2007.
The caption of Ordinance No. 4-07 is as follows:
THE ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM COUNTY LR-3 (LOW
RESIDENTIAL 3 DU/AC); TO TRN
(TRANSITIONAL), ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED COUNTY CG/SE (COMMERCIAL
GENERAUSPECIAL EXCEPTION) TO SPECIAL
ACTIVITIES DISTRICT (SAD) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE SOUTHWEST CORNER OF CONKLIN DRIVE
AND MILITARY TRAIL, AS MORE PARTICULARLY
- 24-
01/02/07
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 4-07 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is 0.99 acre
property that has a County CG/SE (Commercial General/Special Exception) zoning
designation. The property was annexed into the City of Delray Beach via Ordinance No.
5-06 on July 25, 2006. This ordinance included a small scale FLUM amendment and
zoning. However, the State of Florida, Department of Community Affairs (DCA) has
objected to this part of the ordinance as it was enacted prior to the adoption of the
Evaluation and Appraisal Report (EAR).
The Special Activities District (SAD) is a unique zoning district which
requires submittal of a development plan concurrently with the establishment ofthe SAD.
On May 24, 2006, a site plan was reviewed and denied by the Site Plan Review and
Appearance Board (SPRAB). On July 25, 2006, the City Commission approved
Ordinance No. 5-06 annexing the subject property into the City of Delray Beach, and
during this same meeting the Commission heard the appeal for Robotic Space Savers and
overturned the SPRAB denial of the Class V site plan, landscape plan, and architectural
elevations. Positive findings for these actions were made by the City Commission at this
meeting.
Mrs. Montague moved to approve Ordinance No. 4-07 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manaeer
The City Manager wished everyone a Happy New Year.
13.B. City Attornev
The City Attorney wished everyone a Happy New Year.
13.C.
13.C.1.
City Commission
Mr. Fetzer
- 25-
01/02/07
Mr. Fetzer asked the Planning Director to give an update regarding the
historic guidelines. Mr. Dorling stated those are being considered by REG and staffhas a
meeting with them tomorrow to go over their timeframes. However, staff stated they
have indicated that sometime after the January 16, 2007 meeting they will have their
work finalized and staff is talking with them about giving the Commission a summary of
their results at the City Commission meeting, the Planning and Zoning Board meeting
and the Historic Preservation Board meeting.
13.C.2.
Mrs. Monta~ue
Mrs. Montague stated Mrs. Pompey is doing very well and she is open to
company and telephone calls.
Secondly, she stated First Night was an incredible success.
13.C.3.
Mr. Levinson
Mr. Levinson commented about an article entitled "Blackout Big-City
newspapers aren't telling citizens the things they need to know" in the December 2006
issue of Governing Magazine.
Mr. Levinson congratulated Erika Slife from the Palm Beach Post on her
engagement.
He stated he had the opportunity to eat at the Gol! Restaurant located at
411 East Atlantic Avenue (formerly Jimmy's Stone Crab) and the food was spectacular.
Mr. Levinson commented about a letter from the City of Riviera Beach
which asked for the support of Delray Beach in their problems with the County and the
State. The City Manager stated he forwarded this letter to the Commission to see if they
wanted to act on it. Mr. Levinson stated he feels the City should support because it
potentially has an impact on the city because it involves TCEA (Transportation
Concurrency Exception Area). He stated the County has tried unsuccessfully several
times to change the TCEA language and feels it is bad practice for them to start using it
as a zoning tool. Mr. Levinson stated he would like to see the City of Delray Beach come
up with something to support the City of Rivera Beach effort.
He stated RTA (Regional Transportation Authority) sent the City of
Delray Beach a letter regarding redevelopment of the County's property and the letter
states "funding may be available to help meet these anticipated parking needs." He
suggested that the City submit an application for this very soon.
Mr. Levinson stated he read the USGA Golf Green and noted the things
that were the most important were (1) budget money for Lakeview and (2) need
additional effort in the non-green areas.
- 26-
01102/07
He stated Mr. Tony Samra, Professor of Technology at Nova Southeastern
University, who completed the Residents Academy, suggested that the City of DeIray
Beach consider a Technology Committee. Mr. Levinson stated the School Board has
TAC (Technical Advisory Committee) which is an unofficial non-formal effort that
meets quarterly for the purpose of providing input to the staff about what is going on.
Mr. Levinson gave the City Manager Mr. Samra's telephone number and stated he would
like to see us take advantage of people's talent in the community.
Mr. Levinson asked if staff can send a letter to Mr. Mark Behar because he
posted his own press release on the web about a woman (Mary Carey). He stated Mr.
Behar calls himself the Chairman and Chief Judge of the Delray Beach Code
Enforcement Hearing Board. Mr. Levinson stated Mr. Behar needs to be careful about
the way in which he presents himself.
City maps.
He commented about a map project going on by a private company to do
Mr. Levinson stated Delray Beach is in two pages of the Treasure Coast
Regional Planning Council calendar.
He inquired about the status of the language for personnel practices with
regard to discrimination and the effort put forth to consider domestic partners. The City
Manager stated this has been taken care of.
Mr. Levinson stated he likes the Adopt a Park Program and asked if staff
has heard from anyone interested in adopting a park. Mayor Perlman stated the Boy
Scouts are interested in Machek Park. Mr. Levinson suggested that either Danielle or
Alberta in the Parks and Recreation Department could contact people because he feels
this is a great thing for service clubs or little league teams.
Lastly, he wished everyone a Happy New Year and stated First Night was
great. Mr. Levinson extended kudos to the Police Department for all their efforts. The
City Manager stated there were many people from out of town who attended First Night.
Mr. Levinson commented Mr. Bill Morris attended First Night with his daughter, son-in-
law, and grandchildren and was participating to the fullest extent in what Delray has to
offer.
13.C.4.
Mayor Perlman
Mayor Perlman stated First Night (10th year) was the best ever and
commented that a very large crowd came early and many people attended with school age
children.
Secondly, he stated on Friday evening there will be the Muse Awards at
the Harriett Gimbel Theater at City Place. Mayor Perlman stated Delray Beach is being
nominated for an Advocacy Award for the Arts and Culture and commented that this is a
- 27-
01102/07
very nice honor. Old School Square will be attending as well because Frances Bourque
has been nominated.
1
Mayor Perlman stated he spoke to Mr. Tony Samra who expressed
concern over a code issue and asked that staff look into this. Mayor Perlman stated
Rocky's restaurant has speakers outside late at night (i.e. 1:0012:00 a.m.) and is creating a
noise issue for people who live in the "Courtyards". Mayor Perlman stated he believes
the police officers can now write citations for things like this.
He stated he wants to ensure that staff sent a letter to Palm Beach County
Commissioner Mary McCarty regarding her funding because the City of Delray Beach
received a verbal commitment that she would take a serious look at the Public Art
Component for Old School Square.
Mayor Perlman commented about the issue at the Boynton Beach Mall
with regard to the gang related shooting. He encouraged the Commission to make
appointments with Police Chief Schroeder to take a look at the videos that are being sold
at area flea markets. Mayor Perlman stated victims of the shootings are ending up in the
trauma center at Delray Beach Medical Center which strains the hospital but also requires
a security response from the Delray Beach Police Department because they are not sure
how the families will react to the violence. He stated even if the incidences are
happening in Lake Worth and Boynton Beach it is affecting Delray Beach. Mayor
Perlman stated there are some concerns with graffiti at La Floranda and he has seen
pictures of graffiti as far west as Orchid View Park and on Andrews A venue by the
beach. Mayor Perlman stated he would like the City to be proactive on this issue. Mayor
Perlman stated the weaponry these people have is astonishing (i.e. AK-47's). He urged
the Commission to meet with the juvenile detective in the Police Department because he
can give them an overview of what is going on County-wide but also what they are
concerned about in Delray Beach. Mayor Perlman stated there are strategies that are used
across the country and hopes we can take a leadership role on this.
He commented about Scripps venture and stated the Planning staff put
together a great proposal with Boca Raton and Deerfield Beach. Mayor Perlman stated
when it was not awarded to the City of Delray Beach he felt we could go after any cluster
because Delray Beach has a lot to sell. He stated he would like the City of Delray Beach
to create a venture fund and begin to work with the neighboring cities especially on the
Congress Avenue corridor. Mayor Perlman stated he approached Susan Welchel a
couple of weeks ago and she is very interested and he will also contact Steve Abrams
about revisiting this issue. He stated if we work together we have a lot to sell and we
need to do a little marketing ourselves. Mayor Perlman stated he would like to have a
meeting with Randy Welker, Bill Wood, and the City Manager to revisit this issue.
Lastly, he wished everyone a Happy New Year.
There being no further business, Mayor Perlman declared the meeting
adjourned at 7:52 p.m.
- 28-
01102/07
~_.~~~.~~
City Clerk
ATTEST:
~l~
OR ..........
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on January 2, 2007, which Minutes were formally approved and adopted by the City
Commission on January 16, 2007
~'S).~~
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.
- 29-
01102/07
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA ,.-~
WAIVER REQUEST FOR CANNERY ROW
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
January 2, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Cannery Row
Project. All of the evidence is a part of the record in this case. Requirednndings:~re
made in accordance with Subsection L
I. WAIVER:
Pursuant to LOR Section 4.6.18(B)(14)(v)(2), a maximum of 4 primary wall colors shall
be used for each building. The applicant has requested a waiver to allow the use ot 9 ").
. primary wall colors.
Pursuant to LDR Section 4.6.18(B)(14)(v)(3), miscellaneous free standing, wall or
ground mounted appurtenances such as electric;al and gas .met~rs,
. dumpsters/recycling, trash compactors, gas tanks, air conditioning andcommUn.i~tion
equipment shall be .enclosed or screened and integrated into the buildings architectlJral
treatment. The appurtenances shalf also be prohibited within the front yards. The
. applicant has requested a waiver to allow. the installation of air conditioning units
between the townhouses and the public rights-ot-way for selected units.
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 primary wall color waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 4
No 0
)
,.i
1
r+eft1 q.B
Does the air conditioning unit placement waiver request meet all the requirements of
2.4.7(8)(5)?
Yes 4
No
o
. 1
,
3. . The City Commission has applied the Comprehensive Plan and LOR
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 comp~tent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in.therecord including but not limited to the staff reports, testimbnyof experts. and other
competent witnesses supporting these finding$.
5. Based on the entire record before it, the. City Commission approves .--X.., .
denles -'- the waiver requests to . LOR Sections 4.6.18(B)(14)(V)(2).and
4~6..f8(B)(14)(v)(3) subjectto.conditions.contained within the Staff Heport
6. Based on. the entire record before it, the City Commission hereby' adopts
this Order this 2nd day of Janu(3;ry, 2007, bya vote of 4
in favor and 0
opposed.
ATTEST:
~~~~
Chevelle Nubin, City Clerk
2
...
I'.ST NAME-FlRST NAME-M1OOlE NAME
Perlman~ Jeffrey L.
MAIlING ADDRESS
971 DelraLakes Drive
CITY .
.D~ : Beach FlQrida
~n;.~~..'I;OTE~
: :,01/02/07
FORM 88 MEMORANDUM OF VOTING>CON:FLICT.FOR"'.
COUNTY: MUNICIPAL, AND OTHER LOCAL.;PUBL1C.OFFIC.ERS ,.
~OFBOARD.~L. cqMMl~~,.9RCOf,tMITTEE
':"De'lrayBeacll' City C6mtiiission' .'
. 'nE;8OARD,~COMMlSSlON;AUTHORflYOO:COMi.4mEE ON'.
WHICH I SERVE IS A UNIT OF:
IIC1n'< . .: "oeoumv'...;' . tiG'tHsh.<<ALAGeNCv'
" NAME OF ~ StJBDtVISION:
l
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cOuNTv" '. ,.. ' .' .",
33444 P.almBea~h,"" '. '
UYPOSrnoNiS: '
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"Xl 'ElEC1lVE
. , Q APPoINtM:: ('r
, ,
; 'WHO l1USTFllE FORM 88
.' . ".:-;.,
, '" - . -. -..... '. -. . . ..". .... ."
Th&rfon'n'ls for use by any perSon serving at the county. City, 'ar other local level ot Qoveinmeilt on an appointed or eiected board, council.
, :c:ommIssIol1. authority, or committee. It applies equally to members ofadyi~ ~f.l~ non~dviS;Qry~es :wh<>~f~.Pf~ted.~ a voting
. conflict of Interest under Section 112.3143. Florida Statutes. .' ," , """ - , , ,
~ - ':
:~;~. "';';~'~::',Yl.' ....... .>..
. Y~r ~bilities under the law when faced with voting on a measure ' In. wtlich;yqubav~a~lIi~of ~nte(estw!II~a.~;g~tW~depending
on-~~ hOld an elective or appointive pqsitiOn.FO(tt(iS; rei3~o,:Ptea~e 'Pay close attention to the ins~Otis onft.\iSfonn'before '
: comptQtlng Ute reverse side and filing the form. ,;.. " .. ". . '.: ;:,.-<,;,(~ .';~-<:';; ,',
::;"~;:~ :4'~:':';":':. ~ \'~t:" : '. -
T'~-".\\l" ~NaTRuct.ONSFOR COMPllANCE-WITH-SEC"t-lON112.3143(FtoRrD~t~~1!tES".:'. ,;
. .. . -. . . .' . ,-' '. "... c." ';' ..~ .. . ,...... ~. .
" person ~09 electiveOf' appointive county, .municipti'i;.;;;r~r'~ipJbli~()ffiCe' Mi.JSTA8STAiNf;~ :~6ilhfi;~~'-'~'u~:.:.mk;t:
nureS to his other special private gaincOrc IQSs.l;acnef~ed'OIiappointed1OOa1:offioo'r alsOofsprofiibitoo:fl'Orrilkn~lt%u~iiJh'a w.b~
wre which inures to the special gain or loSs of a principat{9th~t tMna',gov~mment agency) by whom he or sheisretai~(incl.udiog the
. Parent ~~tl~!':~ ~ub~id,~ry o~ a <;:qrporate. principal!bY,.~IE#,~~ O"$h~4sr:etalnedj~to';the special private;91i1il1,9'j'f.tbS$ :ora,teTa'tliJe; or
: to thespeci81 priVate gain or,~,ofa, business,a:>spciate. ;~i~ioners ofcommunit)< redev.elqpme,ntagenciesun~er:,~.163~356:or
163;357. ES... alid offtcers of independent special taX' districts eiected on aone:.acre, one-vote basis are not prohibited f(om voting in that
capacity.
For PUrposes of this. law. a-rGlative" includes only the offiCer's father, mother, son. daughter. husband. wife, brother, sister; father-In-law.
; tnother-lfHlw; son-in-law, and daughter-in-law. A -business asSociate- means any person or entity engaged in or canylng on a business
. enterprise with the officer as. a partner. joint venturer. coowner of property, or corporate shareholder (where the shares oUhecorporation
. are not listed on any national or regional stock exchange).
"
..
..
..
ELECTED OFFICERS:
In addition to abstaining from voting in the situations desaibed 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 J.\FTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
..
..
*.
APPOINTED OFFICERS:
. Although you must abstain from voting in the situations deScribed above. yo", otherwise may.participatein these matte~. However, you
-nusf, dlSdose the riatur'eof the eonftlctbefore' makir1g~nY"attempt tolnfluen~ihe d~siorl. whether orally or in writing aria Whether made
IY YOO:()r'at jOtJ( direction; , , , .
,F YOU' INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOIE WILL BE
TAKEN: '
.. YQUmust complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side)
CEFORM 88 - EFF. tl2000
PAGE 1
...
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,he~mOstbe'~:~I?kLY;;l~the~'~~,a~er"t#e;'f#:is:filed. ;., , , ,
IF YOU MAKEfOATFEMm-;TO INFLUeNce THe,liU~c.StQN,BCEPT BY DisCuSSION AT THE MEETING: "", :'.',,: ',\i '
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You ~~~IJy,the nature of ~r;~ftk:.pn th4?~~,beforeparticipating~'" . ".:,;
· y~~~;;~~~ ~fi~~\~iktif~~'~ft~'~'~~~ ~~JespOOsiblefoi;recording the:mmUte$ ~(.:, :','
meetlng,-who'must Incorporate,thetonn ill the m1nute$d';~9fthe tann mliSt be provided Immediately to the oUter inElhl6etS-6ftfif{'::~' :'
_. ~~', an<!the1:~:mvst.oo readPl;l~ a~1t,1e next ~tiilg a~e(' the, ~,i$.filed., '
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DISCLOSUR'~oO~,~9(:A~ 9fF}'J;~R:~.INTEREST
- ,'. " ;;. '. ',f .....':,. ~ :. :"'.. .~ I.': .'-, t'".(~_. ..~~':(.t .' '.~'-.; ,,~".!
I. ~J'effrey Perlman herebydisclosethaton January 2,
...~.,.'~w"'~.~~,: I' :: " ~:""~'~'-~"~ ..~...t....._">:'''.''-': -".: 1'1.~~s'~':':--.. "_~:c.:'1..:~"lt.,;..":~'d:'
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_ inured to my special private gain or losS; . .
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. m"'lnui"edtci't~~pecialgalO or ioss of my relatiVe. .' <. ", ..',,: ;',:>,'" >: ".
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NOTIC,E: }:l~p~Er8qyiSi()~Sp~. .f;!481[)~STA,TtHES~1J2;:JV.,.~t7~U.4~ TOMAKE>AN'( REQ~~€O OIS.c.lQ,~R~".
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:IMPEl\CHMENT.; ,
'-"-\10VAL OR SUSPENSION FROM OFACE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A
,lPENALTYNOlrOEXCEEO$10,()()(). . . .
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CE F~8B - ~f:, 1flOOO
PAGE 2
FOR"" 8B MEMORANDUM OF VOTING CO.NFLICTFQR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
~ NAME-ARST NAME---MIOOlE NAME
)e fre L.
M.iNG ADDRESS
971 Delray Lakes Drive
CITY COUNTY
Deb:ay ; Beaeh; "Flor:lda 33444 'Palm Beach
~Te o.,-wHIbt VOTe 0ccURRe0
01/02/07
NAME OF ~. COUNCIl. COMMISSlON, AUTHORITY. OR COMf.tI111:E
Delra Beach Cit Commission
THE BOARD. COUNcu.., 00MMISSl0N. AtJn.tORrTy OR Cot.tt.mee ON .
WHICH I SERVE 1$ A lHT OF:" , "
J) coY Q COlMY Q OTHER LOCALN3eICY
, 'NAME OF POLITICAL suBoMsIoN:
MY POSITioN IS:
ElECTlVE
'Q APPOIN1lVE
WHO MUST FILE FORM 88
1hls form Is fOr use by any person serving at the county. city. 0( other local level of government on an appointed 0( e1ectedboard,oouncll""
oommission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting'
conftlct of k1terest under Section 112.3143. Florida Statutes.
'Yqur responsibllItie under the law when faced with voting on a measure in which you have a conflict of interes~ will vary gre8Uy depOOdjng
on whether' you hold an elective 0( appointive position. For this reason. please pay close attention to theinstrudkms on this,Jonn before'
completing the reverse side and filing the form.
INStRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA ~TATUT~S ,
A person ~ng elective or appointive oounty,municipal, or other IocaI,pI.!~OmCeMU~T ABSTAIN fromvoting'on'a~~re~Ich()
lUreS to his or ~ special private gainar loss. 'Each elected'O( appointedioC$l officer also is prohibited 'from knoWingly voting on a 'mea-
LIfe- whlch Inures, to the special gain or loss of a principal (other than a government agency) by whom he or she is retafned-(inCluding"~
~tent cxganizatiOn Or subsidiary of a corporate principal by ~ich he or she is rela,ined); to the s~ private1)ain or loss of a l'elcltiVe; or '
to ~e special private gain or loss of a blisinessassociate. Commissioners of cOmmunity redevelopmentag.encies under Sec. 163;356 Or
163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
caP8(?ity.
For purposes of this law, a -relative- includes only the officer's father, mother, son, daughter. husband. wife, brother, sister. father-in-law,
mother-in-law. son-in-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business
enterprise with the QfflCer as a partner. joint venturer, coowner of properly, or corporate shareholder (where the shares of the COJpOration
are not Ilsted on any national or regional stock exchange).
.
.
.
.
.
.
.
.
. ELECTED OFFICERS:
In additJonto abstaining from voting in the situations desaibed above. you must disclose the conflict: ' ".
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WlTHtN 15 DAYS AFTER THE VOTE QCCURSby Completing and filing this form with the person responsible for recording the min-
utes of the meeting. who should incorpo(ate the foonln.the minutes. -
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APPOINTED QFFICERS:
Although )'OU.1tUJ$t abstain from voting In the situations ckiseribed above. you otherwise' may participate in these ITl8tters~, ~~" y~ _
~ disctOse the nature of the oonflict before' making any ,attempt to Influence the deciSion. whether oraUy or In writing aOd whether made
, you or at yoordir'ection. '
YOU INTEND TO MAKE ANY ATTEMPT TO INFlUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
I AKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person respOOsiblefor recOrding the
minutes of the meeting. who will incofporate the form In the minutes. (Continued on other side)
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ce FORM 8B - EfF. 1/2000
ITEM 9.D
PAGE 1
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APPOIN.()FfiOeRs:{cootinl.loo)~ ..'. ~. .' '!,. . . i / :"t ~/~::.: ,~ .
.- "&fPib(~~~Ost:bEi~~tely;.~~~~.~";~. --:.. .
4he~'~be'reaCl~id~~~~~xt~fi~J~~~~\;f#l:Jsfiled. .' '. .d. '.
IF YOU MAKa OOAJ:17EMAT;TO INFUJ~e TH8;~~q.~O~CEPT BY DISCUSSION AT THE MEETING: . -,..... .,: '\i
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You ~.~~Jyithe natUre of ~['~~:.o'~~beforepartiapatiog~. . i..:'; .
· y~ ~~-~ ~~fi~~'~~''15~.~~~.tJJ'~~ ~ Per.iOl1.(espOOsible. fo(reoordingtbe'miAUte$~;!.: .. : .
rTieetinQ::Wilo-must Incorporatethefoon in th6mlriot~,:A.,~QUhe form must bE, provided immediately to the other ~00tS- 6ftHe:. ...:....
_ .'~.: ~theJ:fc1nya:must.be readPJJbl~ a~~enext ~tiooafter the fqnJ1i$.fll.ed.
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DISCLOSUR.~,>O~, ~9~JM,~. .<?ff;~G~~:~JNTEREST
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,Jeffrey Perlman
. hereby dl$Close that Qn January 2.
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. m' ~~~i"eatci- ~ .t>Peclal gal,., or loss of my relative.
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N~!!c.F::\I,~p~.t!r~QyaSI()~SPF=. .~ijlo.~~sr~tuTE~ ~1'~~'1:4' .A:F:~1.4~E TO MAKE. ANY REQUlijEOQISc.lQWR~.,.
CONSTITUn:S G~OUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: .IMPEAytiM€.NT.. ;
........\10VAL ()RSUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SAlARY, REPRIMAND. OR A
,L PENAl TV NOT TO EXCEED $10.000. . .. .
CE ~8B -~f:.1~
.PAGE 2