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12-02-03DECEMBER 2, 2003 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, December 2, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Barbara Garito, City Clerk o Church. The opening prayer was delivered by Dr. Russell Cornett with First Baptist o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL: Mayor Perlman noted there is a modified contract for Item 10.C., Contract for Sale and Purchase of Property/Monterey House. The City Attorney requested that Item 9.D., Amendment No. 1/Sale and Purchase Contract be pulled from the Regular Agenda and moved to December 9, 2003. The City Manager requested that Item 8.G., Hammock Homeowners'AssociationTraffic Enforcement A~reement be removed from the Agenda. Reserve Consent Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -1- 12/02/03 5. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of November 18, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: 6oAo Calling for a Special Election to be held on January 20, 2004 Mayor Perlman read a proclamation hereby calling for a Special Election to be held on Tuesday, January 20, 2004, between the hours of 7:00 a.m. and 7:00 p.m. with all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections for Palm Beach County. Mrs. Archer moved to adopt the proclamation calling for a Special Election to be held on Tuesday, January 20, 2004, between the hours of 7:00 a.m. and 7:00 p.m., seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6ogo National HIV/AIDS Awareness Week- December 1-7~ 2003 Mayor Perlman read and presented a proclamation hereby proclaiming the week of December 1-7, 2003 as HIV/AIDS Awareness Week. Renaut Pierre-Louis came forward to accept the proclamation. ° PRESENTATIONS: 7oAo Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting Mayor Perlman presented a plaque to Joe Safford, Director of Finance, for receiving the Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting Award for the 20th consecutive year. Joe Safford, Director of Finance, accepted the award on behalf of the Finance Department staff and gave special recognition to the following individuals who help compile the financial report: · Milena Walinski, Assistant Finance Director · Becky O'Connor, Treasurer · Mary Ann Young, Accountant II · Lisa Herrmann, Budget Analyst · Maureen Owens, Accountant II · Dolores Egan, Accounting Assistant -2- 12/02/03 go 8oAo CONSENT AGENDA: City Manager Recommends Approval. APPROVAL OF POLL WORKERS FOR THE SPECIAL ELECTION: Approval of the poll workers for the Special Election to be held on January 20, 2004. 8.B. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE SPECIAL ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the January 20, 2004 Special Election, and represent the City at the requisite Logic and Accuracy tests. 8.C. ACCESS EASEMENT AGREEMENT/JOHN D. ROOF: Approve an access easement agreement that allows the public to use a driveway adjacent to Mr. John D. Roof's property located on the west side of S.W. l0th Avenue between S.W. l0th Street and Wallace Drive to access a convenience store. 8.D. CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT COMPANY~ INC.: Approve Change Order No. 1 in the amount of $5,989.40, and final payment in the amount of $19,385.10 to Chaz Equipment Company, Inc. for the Rye Lane, Enfield Road, and Lake Terrace Water Main and Raw Water Supply Common Header Pipe Project. Funding is available from 442-5178-536-65.82 (Water/Sewer Renewal and Replacement Fund/Raw Water Manifold). 8.E. CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT COMPANY~ INC.: Approve Change Order No. 1 in the amount of $2,463.25, and final payment in the amount of $10,551.50 to Chaz Equipment Company, Inc. for S.W. 7th Street Roadway and Sewer Improvements Project. Funding is available from 441-5161-536-63.90 (Water/Sewer Fund/Other Improvements). 8.F. CHANGE ORDER NO. 2/FINAL PAYMENT/MANCON, INC.: Approve Change Order No. 2 in the amount of $7,621.00, and final payment in the amount of $150,705.73 to Mancon, Inc. for the Lift Station No. 6 Force Main System Improvements Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/Water Mains). 8oGo THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for January 29, 2004 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. -3- 12/02/03 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 17, 2003 through November 26, 2003. 8.J. AWARD OF BIDS AND CONTRACTS: 1_ Contract award to DiLoreto & Sons Vending, Inc. for snack vending machine service at various locations within the City. Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. REQUEST FOR IN-LIEU PARKING SPACES/PINEAPPLE GROVE BUILDING: Consider a request by Pineapple Grove Building for the purchase of four (4) in- lieu parking spaces in the amount of $24,000.00 and the construction of ten (10) on-street parking spaces in the adjacent rights-of-way. Pineapple Grove Building is located on the west side of N.E. 2nd Avenue (Pineapple Grove Way) north of N.E. 2nd Street. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Hearing for this item. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he spoke with Scott Porten, Morgan Russell, Michael Weiner, and Scott Aronson. Ms. McCarthy stated she spoke with Michael Weiner. Mr. Costin stated he spoke with Michael Weiner. Mayor Perlman stated he spoke with Scott Porten, Michael Weiner, Morgan Russell, and Gary Eliopoulos. Mrs. Archer stated she spoke with Michael Weiner in addition to all the others she spoke to before. Jeff Costello, Assistant Planning Director, entered the Planning and Zoning project file #2003-342 into the record. Jeff Costello, Assistant Planning Director, stated this project involves property on the west side of Pineapple Grove Way between N.E. 2nd Street and N.E. 3rd Street. The proposal involves a mixed use development containing 40 residential units, approximately 14,000 square feet of retail space and two (2) restaurants totaling approximately 2,300 square feet. Pursuant to LDR Section 4.6.9(C)(8)(a) Shared Parking the development requires 151 parking spaces. The proposed site plan provides 147 on-site parking spaces. Therefore, pursuant to LDR Section 4.6.9(E)(3)(b)(3) the applicant is requesting the purchase of four (4) in- -4- 12/02/03 lieu parking spaces at a cost of $6,000 each, totaling $24,000. Pursuant to LDR Section 4.6.9(E)(3)(e) the applicant proposes to construct ten (la) on-street parking spaces in the adjacent rights-of-way resulting in a total of seven (7) new public parking spaces. The construction of seven (7) new on-street parking spaces will benefit the surrounding area and will be available for use by the general public. Staff recommends approval. Mr. Costello stated the project has been modified since its initial submission. It is noted that City staff and the CRA felt it very important to provide some restaurant space along this corridor and therefore the applicant accommodated the two (2) small scale restaurants. Michael Weiner, representing the applicant, entered into the record the power point presentation slides and stated he agrees with the Planning and Zoning staff report. Mr. Weiner stated the applicant is requesting four (4) in-lieu parking spaces. Mayor Perlman stated if anyone from the public would like to address the Commission regarding the request for in-lieu parking spaces to come forward at this time. No one from the public came forward to address the Commission. Mr. Levinson moved to approve the request from Pineapple Grove Building for the purchase of four (4) in-lieu parking spaces and the construction of ten (la) on-street parking spaces in the adjacent rights-of-way, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to a vote. 9.B. REQUEST TO REDUCE LIENS/THOMAS: Consider a request from Mr. James Thomas to waive the interest and administrative fees totaling $1,338.29 assessed for abating nuisances on property located at 40 S.W. 6th Avenue. Mr. Thomas is prepared to pay the City's out-of-pocket expenses in the amount of $3,030.86. Staff recommends approval. Lula Butler, Director of Community Improvement, stated this is a request from Mr. James Thomas, a private investor to release a portion of the liens assessed from demolishing an unsafe structure to the property addressed at 40 S.W. 6th Avenue. Mr. Thomas acquired this lot through a tax certificate at a cost of $9,200. The total amount of the lien is $4,369.15 and the amount Mr. Thomas is eligible for reduction is $1,338.29. Mrs. Butler stated staff recommends approval of the request because his intent for the use of the property is consistent with the City's lien policy. In addition, Mrs. Butler stated staff recommends that the City's out-of-pocket costs be paid within thirty (30) days and staff will release the reduction upon the building permit being submitted. Mr. Costin moved to approve the request to reduce the amount of outstanding liens assessed to property located at 40 S.W. 6th Avenue to be paid within thirty (30) days of City Commission approval, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to a vote. -5- 12/02/03 9.C. MACARTHUR FOUNDATION/GRANT AGREEMENT: Consider approval of an agreement between the City of Delray Beach and the MacArthur Foundation for a two (2) year grant in the amount of $150,000 in support of the Southwest Area Neighborhood Redevelopment Plan. At this point, Mrs. Archer left the dais. Lula Butler, Director of Community Improvement, stated staff recommends approval of the agreement between the City and MacArthur Foundation for a two year grant in the amount of $150,000. Mrs. Butler stated the grant will be paid to the City in the amount of $75,000 per year and the grant period is from December 1, 2003 through November 30, 2005. Mrs. Butler stated staff will come back to the Commission with the implementation task and proposed budget amendments based upon what staff feels will be the best use of the dollars. Prior to the vote, Mayor Perlman thanked Mrs. Butler for her help with this grant agreement. Mr. Levinson asked when staff anticipates this will come back to Commission with a proposed budget. In response, Mrs. Butler stated staff will come back to Commission with a proposed budget sometime in January. Ms. McCarthy moved to approve the agreement between the City of Delray Beach and the MacArthur Foundation for a two (2) year grant in the amount of $150,000, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. 9.D. AMENDMENT NO. 1/SALE AND PURCHASE CONTRACT: Consider approval of Amendment No. 1 to the Sale and Purchase Contract between the City and D.R. Horton, Inc. providing for Construction Management Services for the public park at no cost to the City and for early payment of park impact fees by D.R. Horton. This item has been pulled from the agenda and moved to December 9, 2003. 9.E. PARKING LICENSE AGREEMENTS: Consider approval of recommended modifications to Section 4 "Payment for Parking Queue Spaces", Section 9 "Compliance with Laws", and Section 14 "Penalties for Violations/Termination" of the parking license agreements. At this point, Mrs. Archer returned to the dais. Scott Aronson, Parking Management Specialist, stated at its meeting of October 22, 2002 the Parking Management Advisory Board recommended a common expiration date for all Valet Parking License Agreements which are now scheduled to expire on December 31, 2003. Prior to their renewal, staff recommended some modifications to those agreements which are outlined in the staff report. Mr. Aronson stated additional revised recommendations are also being provided to the Commission this evening. He stated the Parking Management Advisory Board recommends an increase in fees from $50.00 to $75.00 per parking queue space per month -6- 12/02/03 and revisions to Section 9 & Section 14 of the agreement. Subsequently, there has been some dialogue between the City and restaurateurs concerning revisions to Section 9 and Section 14 of the agreement regarding some of the changes pertaining to the accountability for the traffic laws, etc. Mr. Aronson stated staff would like to extend the contract for sixty (60) days and come back with new recommendations. Mr. Costin suggested a lesser fee increase. Mrs. Archer suggested that the rate be increased $10.00 this year and $10.00 next year so that there would be less of an impact particularly for the restaurants and tourists. Mrs. Archer stated she would be in favor of a tiered increase over a two year period. Mr. Levinson moved to approve to continue the current agreement extending it for sixty (60) days and send it back to the Parking Management Board for a comprehensive review, seconded by Mr. Costin. Prior to the vote, Ms. McCarthy commented about the history of the parking queues and stated she concurs with comments expressed by the Commission and strongly supports the motion without changing any fees until they make the determination as to what the increase will actually be. Ms. McCarthy stated she feels this is a service to people who come to Delray and spend their money at businesses. Mayor Perlman stated he received an email from one of the license holders today who suggested if fees were to be increased that it be passed along to the consumer. Scott Aronson, Parking Management Specialist stated there is no mechanism in place that prevents the valet queues from charging whatever rates they charge. Mayor Perlman suggested having an annual review of the parking license agreements. Ms. McCarthy stated she would like this to go back to the Parking Management Board and asked if it is possible that if someone valets parks with a restaurant that they may not be using that particular restaurant or business but using the service in order to use businesses along the Avenue? Mr. Aronson stated the entire valet queues are open to the general public and cannot use the valet queues exclusively for the license holder. Mr. Levinson restated his motion as follows: Mr. Levinson moved to approve to not make any changes to the current agreement however extend it for sixty (60) days and ask the Parking Management Advisory Board to review the rate as well as Section 9 & Section 14 and report back to the City Commission with a recommendation, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. BOCA RATON AIRPORT A[ITHORITY: Provide direction regarding the Boca Raton Airport Authority's revision of the By-Laws of its Aviation Advisory Committee (AAC) and Noise Compatibility Committee (NCC). -7- 12/02/03 Mayor Perlman stated Mr. Ken Day, Airport Manager and Mr. Bill Schwartz, Chairman, AAC are recommending that the Aviation Advisory Committee (AAC) & the Noise Compatibility Committee (NCC) be combined to form a single advisory committee with nine members. The proposed composition of the new committee is five members, the same as the current AAC, with an additional four members, each representing the businesses and residential interests of quadrants around the airport. Mayor Perlman stated the Boca Raton Airport Authority is looking for a recommendation(s) from the City of Delray Beach by December 5, 2003. Mrs. Archer moved to follow the Boca Raton Airport Authority's recommendation to have the AAC & NCC committees combined to form a single advisory committee with nine members as indicated in their letter, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oGo PROPOSAL FOR SETTLEMENT IN SYMBION CORPORATION v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $20,000.00 in Symbion Corporation v. City of Delray Beach. Staff recommends acceptance. The City Attorney stated staff recommends acceptance of the proposal for settlement in the amount of $20,000 plus project work. Mr. Costin moved to approve the proposal for settlement in the amount of $20,000 in Symbion Corporation v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint John Hart as a regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he invited Lieutenant Mike Wise from the Fire-Rescue Department to attend the meeting this evening to say a few words about retired Captain Ray Gerner. Lieutenant Mike Wise~ 10290 Brookville Lane~ Boca Raton, representing the Delray Beach Fire-Rescue Department and the Professional Firefighters and Paramedics of Delray Beach, announced on November 26, 2003 retired Delray Beach Fire Captain Ray Gerner passed away at Bethesda Hospital. Captain Gerner was a fifteen year veteran with the Delray Beach Fire-Rescue Department and approximately a fifty year resident of Delray Beach. Mr. -8- 12/02/03 Gerner was active in the community and lobbied and campaigned for firefighter benefits through the State legislature and was successful in getting certain bills passed. Lieutenant Wise stated the funeral service was held this morning at the First Baptist Church in Delray Beach and the church was filled with community members who recognized the sacrifice, dedication, and commitment that Ray Gerner demonstrated his entire life. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 47-03: An ordinance rezoning from R-i-AA (Single Family Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling units per acre) for a 1.36 acre parcel of land known as Simmons Cay located on the west side of State Road A- 1-A (Ocean Boulevard) approximately 140 feet south of Vista Del Mar Drive. If passed, a quasi- judicial public hearing will be scheduled for January 6, 2004. The caption of Ordinance No. 47-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF STATE ROAD A-1-A (OCEAN BOULEVARD), APPROXIMATELY 140 FEET SOUTH OF VISTA DEL MAR DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Jeff Costello, Assistant Planning Director, stated the proposal involves property on the west side of Ocean Boulevard North of Atlantic Avenue. At its meeting of November 17, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. There was public testimony both in support of and in opposition of the request. Most of the support from the Beach Property Owners' related to the density and they felt it was appropriate. The Vista Del Mar residents felt that 5-6 units per acre would be reasonable. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Kenneth Peltzie absent) to recommend approval of the rezoning request from R-l-AA to RM-8 based on positive findings with respect to Chapter 3, LDR Section 3.2.2 -9- 12/02/03 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan, based on a finding that the proposed density is appropriate based upon the Future Land Use Map designations of the surrounding properties as well as the prevailing development pattern of the surrounding area. Mr. Costin moved to approve Ordinance No. 47-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item ll.B. Comments and Inquiries on Non-Agenda Items from the Public. ll.B.1. Jayne Kin~ 3400 Place Valencay~ Delray Beach~ (President of Progressive Residents of Delrav)~ announced that PROD will be celebrating its 20th Anniversary in October. Mrs. King stated in the spirit of Spencer Pompey, PROD has been standing on the side of what is right for the residents of the city. Mrs. King stated PROD has advocated lower building heights, lower density, historic preservation, maintaining the Village-By-The-Sea atmosphere, more black representation, and the Delray Beach Cultural Loop which the Commission supports as well. On behalf of PROD, Mrs. King asked for an apology for insulting statements that were publicly made about a progressive organization of residents at the October 18, 2003 City Commission meeting, both in writing within 48 hours and at this City Commission meeting. Mayor Perlman stated the Cultural Loop was very enjoyable and he and Commissioner Costin had the opportunity to ride the trolley with Mrs. Pompey and commented he learned a tremendous amount of history. ll.B.2. Jean Beer~ 2145 S.W. 26th Terrace~ Delray Beach~ stated she has spent over twenty years with everything from visioning to the Comprehensive Plan to the Boards trying to make this a better city. Mrs. Beer stated not any member of this Commission has been active in PROD nor has any member been active in the President's Council. Mrs. Beer stated another Commission started the neighborhood associations by hiring a neighborhood specialist and this idea came from members of the President's Council who were concerned about the quality of the neighborhoods. With regard to organizations, Mrs. Beer suggested the Commission educate themselves as to the organizations purpose, what these organizations have achieved, and why. ll.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ strongly supports building a parking facility at Old School Square and urged every Delray Beach resident to vote "Yes" on the upcoming Bond Issue. In addition, Mr. Smith encouraged the Commission to immediately install parking meters downtown west of the Intracoastal. Mr. Smith stated he feels this will bring in several thousands of dollars in revenue each year for the city and will level the playing field for businesses east of the Intracoastal to help alleviate the parking shortage until the new parking facility is able to open its doors. Mr. Smith suggested that the new parking facility not just be a standard parking garage but instead that it be designed as an inter-modal transportation facility and he volunteered to help the Commission achieve this objective. Mr. Smith stated he feels the City of Delray Beach is fortunate to have one of the world's foremost inter-modal -10- 12/02/03 experts working nearby at Florida Atlantic University (FAU) and asked for the opportunity to convince him and his students to design a world-class inter-modal facility here in Delray Beach. Mayor Perlman stated he spoke with Senator Ron Klein yesterday and talked about the possibility of using the FEC railway as a passenger transportation system. Mayor Perlman stated the cost would be $800,000,000 for the right to use the tracks. ll.B.4. Terrence Rothman (homeless)~ stated meetings between government and organizations should facilitate addressing issues of a delicate and complicated nature constructively and routinely. Mr. Rothman feels the freedom of religion means more than just attending church, but rather it implies whether Police and local government can appoint themselves rulers over which religious beliefs are acceptable. Mr. Rothman stated this has been violated and he feels it is a serious infringement upon his liberty. Mr. Rothman stated the independence of church and the constitutional rights of citizens are being jeopardized by repeated Police action and requested the support of the City Commission in this matter. 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. 43-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations, Section 4.3.3(AA) "Adult Entertainment Establishments" to amend the distance limitation between any adult entertainment establishment and alcoholic beverage establishment. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 43-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER FOUR, "ZONING REGULATIONS"; SECTION 4.3.3 (AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ADULT ENTERTAINMENT ESTABLISHMENT; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 43-03 is on file in the City Clerk's office.) -11- 12/02/03 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. Jeff Costello, Assistant Planning Director, stated at its meeting of October 20, 2003, the Planning and Zoning Board recommended approval of an LDR amendment regarding distance limitations between alcoholic beverage establishments and adult entertainment. The amendment included changing the distance limitation between alcoholic beverage establishments and any adult entertainment establishment from 750 feet to 200 feet. Staff recommends approval of the ordinance amending LDR Section 4.3.3 (AA) (Adult Entertainment Establishments), based upon positive findings with LDR Section 2.4.5(M). Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 43-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 43-03 on Second Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 44-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Chapter 113, "Alcoholic Beverages", of the City Code of Ordinances, Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual Conduct at Alcoholic Beverage Establishments" to change distance limitations and include Stand Alone Bars. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 44-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION (A) "DEFINITIONS", IN ORDER TO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTION (C) IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE E S TABLI SHMENT AND ANY ESTABLISHMENT PERMITTING NUDITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -12- 12/02/03 (The official copy of Ordinance No. 44-03 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. Terrill Pyburn, Assistant City Attorney, stated for clarification staff did include some additional case law and updated studies in both this ordinance and Ordinance No. 43-03. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-03, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 44-03 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.C. CONTRACT FOR SALE AND PURCHASE OF PROPERTY/MONTEREY HOUSE: Consider approval of contract to sell City owned property, the Monterey House and certain Block 60 parking condominium spaces and Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) in the amount of $700,000.00. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson. The City Attorney stated the CRA Board made some amendments to the original contract and those amendments are contained in the supplemental materials provided this evening to the Commission. The City Attorney stated the change was some additional responsibility on part of the City of Delray Beach to pay for damages that may occur because of termite damages up to 2% and other repairs up to 3%. IN addition, the City Attorney stated there is also a request that the City of Delray Beach pay all or a part of $55,000 for the purpose of renovating the interior of the bungalow located on the Cason Cottage site. The City Attorney stated the terms of the contract are fairly standard. The City Attorney explained the Commission would have to decide to either accept the amended contract or the original contract or a combination thereof. Also, as a separate matter, the City Attorney stated the Commission would have to address the $55,000 request for participation. Diane Colonna, Executive Director of the CRA, stated with regard to the repair, the CRA Board expressed concern about the exterior of the building and there appears to be some damage or rotting. With regard to the interior renovations, the CRA Board felt this property is owned by the City of Delray Beach and the CRA recently awarded a $50,000 grant to improve the exterior of that building and now $55,000 is needed to improve the interior. Ms. Colonna stated the CRA Board thought with the proceeds from the sale the City of Delray Beach may want to participate in some of the costs. -13- 12/02/03 The City Manager stated he would be more comfortable with a provision that this be inspected and determine what repairs, if any, are necessary. The City Manager continued to state under the lease there are some funds which have been accumulated for maintenance of the property which may or may not be sufficient to take care of this. Furthermore, the City Manager stated he does feel better about taking care of any problems of that nature versus helping with the moving expense. The City Manager stated the timing of the move is primarily for the benefit of the CRA. Secondly, the City Manager stated although the City of Delray Beach will own the building adjacent to the Cason Cottage he does not foresee that the City will ever have the beneficial use of the building whereas the Monterey House will eventually resolve and it will come to the City. The City Manager recommends doing the repairs and not the moving costs. Vice Mayor Levinson stated with regard to Section N (Inspection, Repair and Maintenance) on the amendment to the agreement there is the provision for the inspection period and a traditional real estate setting a walk-through for the buyer. The current agreement as proposed by the CRA would allow them to extract themselves from the arrangement if they found the costs associated with the repairs and maintenance to be excessive. Vice Mayor Levinson stated it would also allow the CRA to come back to the City of Delray Beach and negotiate. The City Attorney stated this would also pertain to Section D (Termites) as well. Ms. McCarthy stated she is under the impression that the contract price is the appraised price as well and believes the Commission received more of a residential contract versus a commercial contract. Ms. McCarthy stated the 2-3% is normal for residential and is not necessarily normal for commercial transactions of this nature. Ms. McCarthy supports an "as is" contract with their ten (10) day right to inspection which was the first contract the Commission received and she would not be supportive of the 2-3% as in residential. Mrs. Archer concurred with comments expressed by Commissioner McCarthy. Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding the contract for sale and purchase for the Monterey House, the public hearing was closed. With regard to the $55,000 interior renovation costs, Mr. Costin asked Ms. Colonna if this will complete the renovations to the Bungalow. In response, Ms. Colonna stated this was reviewed by an architect and a contractor and this is the estimate they came up with. Vice Mayor Levinson asked Ms. Colonna if she is aware of what the Historical Society has committed to the project. Brief discussion between Ms. Colonna and the Commission followed. The City Manager stated the Historical Society anticipated raising this money over a period of a year or two but the CRA needs to move sooner than that. Ms. Colonna stated the Historical Society has put money into the structure because the original facade agreement -14- 12/02/03 only covered exterior and there were other expenses incurred. Ms. Colonna stated the Historical Society has exceeded those expenses and have put some of their own money into it. Ms. Colonna stated the CRA has already agreed to the additional $55,000. Vice Mayor Levinson asked the City Manager if there are any funds remaining in the grants category. In response, the City Manager stated there may potentially be some funds available. Mrs. Archer stated if there is money leftover in the grants fund that the City could contribute, she would be in favor of doing so. However, Mrs. Archer stated she does not wish to participate in this particular instance in much more than this. Ms. McCarthy stated if there is grant funding for community associations and for the citizens she would not support taking those grant funds and putting them into this rehabilitation. It was the consensus of the Commission to direct the CRA to obtain more information and return to the Commission with this information at a later date. Ms. McCarthy moved to approve the original agreement which includes the "as is" clause for the sale and purchase of the Monterey House in the amount of $700,000.00 with the right to inspection; and, direct the CRA to obtain more information and return to the Commission at a later date, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission continued Item ll.B. Comments and Inquiries on Non-Agenda Items from the Public. ll.B.5. Virginia Snyder~ 38 S. Swinton Avenue~ Delra¥ Beach~ made reference to a comment expressed by former Mayor Doak Campbell from 1988/89 about S. Swinton Avenue. Mrs. Snynder stated at that time she owned property on S. Swinton Avenue and it was the oldest north/south street in town and she had the belief that it would improve. Mrs. Snyder stated she lobbied for a park at the intersection of Swinton and S.W. l0th Street, and now there is a nice park. Mrs. Snyder stated she had complained some time ago about the grass being torn up by people parking in this area and noted the City Manager had "No Parking Signs" put up along the street which stopped people from parking on the grass temporarily. Mrs. Snyder stated the "No Parking Signs" are now being removed. Mrs. Snyder stated she has witnessed some City vehicles parking under the trees and requested something be done about this so that these vehicles do not park on the grass. Secondly, Mrs. Snyder commented about the boarded up house North Swinton Avenue (third house North of Doc's). Mrs. Snyder stated this house is an eyesore and has been boarded up for many years as like the two-story house at the south end of Swinton Avenue. Mrs. Snyder inquired as to how many years this can be allowed to go on and she feels this is detrimental to the value of the surrounding properties. -15- 12/02/03 ll.B.6. Owen Murphy~ 1000 Ocean Terrace - Unit "C"~ Delray Beach~ commented about the fluoridation of Delray Beach's water supply and he feels it is not a good policy. Mr. Murphy stated there are many toxic chemicals today that are in foods, drinks, personal products, cleansing products, and pharmaceutical products. In the past, Mr. Murphy stated the rationale was that fluoride is a drug that will prevent cavities in children between the ages of 6-12 and he feels this is the only good thing about fluoridation. Mr. Murphy stated there are many chemicals that are toxic and he feels there are too many risks involved by putting fluoride into the water and urged the Commission to stop putting fluoride into the water. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to Mrs. Archer reporting about some parking meters not working properly, the City Manager stated the meters are showing their age. The City Manager stated the Public Works Parking Meter Technician collects revenue on Mondays and Fridays and checks the meters for proper operation during these collections. The meters reported by Mrs. Archer should now be working properly. The City Manager stated if anyone hears of a problem, it is helpful to staff to know the meter number and a person's name and telephone number. The City Manager stated staff is aware that the entire system needs to be replaced, and therefore has been looking at various systems available to replace them. Mrs. Archer asked how the City will handle citizens who have received parking tickets based on inappropriate operations of parking meters. In response, the City Manager stated staff will void the ticket. Mrs. Archer suggested that there be some way to inform the public of this information. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer stated she has had some inquiries with regard to parade security for the upcoming holiday parade. Mrs. Archer stated there is little enforcement and everything slows down and the people move in from the side of the street (from beyond the barriers) and the floats slow down. Mrs. Archer expressed concern for the safety of the children who are walking with some of the vehicles and asked if there is anything staff can do particularly during the second half of the parade to make sure that the barriers are maintained in the last 2-3 blocks of the parade. Secondly, Mrs. Archer stated she missed the Cultural Loop because she was out of town. -16- 12/02/03 With regard to the comments by Mrs. Beer about PROD membership, Mrs. Archer stated she has missed the last two meetings, but she has been attending regularly as her schedule permits for the last 6-7 years. Mrs. Archer stated she is very excited about having filed for re-election today. Mrs. Archer stated we have made some great strides in Delray Beach and she would like to be sure that we continue positive efforts moving forward. Mrs. Archer continued to state she takes the trust that the residents have placed in her very seriously and she would like to remain committed to protecting the unique quality of life in the All-America City and she is proud to serve. Mrs. Archer stated she had the opportunity to go on Haitian Radio and commented that the discussion revolved entirely around the new Bond Issue, which was well received and since this is the last show on the Haitian Radio, there was some call in comments from people on how they would like to see it continue. 13.C.2. Commissioner Costin Mr. Costin stated he had a good time at the Cultural Loop and commented he too was on the first trolley with Mrs. Pompey. Mr. Costin commented Mrs. Pompey appeared to be quite proud of the accomplishments of the Cultural Loop. Mr. Costin stated the Cultural Loop was a very fine achievement for Delray Beach and was a very successful event. Secondly, Mr. Costin stated on Thanksgiving Day he had the opportunity to help serve some less fortunate people at Jimmy's Stone Crab. Mr. Costin stated he finds it quite admirable of the owner (Jimmy Story) to open his restaurant on one of the busiest days in the restaurant year and serve the less fortunate out of the goodness of his heart. Mr. Costin stated if anyone has the opportunity, to make it a point to thank Jimmy Story. Mr. Costin stated he had the opportunity to attend the Tree Lighting Ceremony and commented that Christmas really is for children of all ages. 13.C.3. Commissioner McCarthy Ms. McCarthy echoed sentiments regarding the Cultural Loop and stated it was an amazing event with a lot of effort on the parts of many people. Ms. McCarthy thanked PROD for their volunteerism and their participation in something that was so worthy. Secondly, Ms. McCarthy stated she missed the Tree Lighting Ceremony this year because she was with her granddaughter in Atlanta, Georgia. Ms. McCarthy stated on Thanksgiving Day she routinely helps with serving dinners at Pompey Park Recreation Center. Ms. McCarthy stated she called before leaving town just to make sure everything was in order. -17- 12/02/03 13.C.4. Commissioner Levinson Mr. Levinson announced the unfortunate passing of Dean Ellis' brother. Secondly, Mr. Levinson complimented Ivan Ladizinsky, Public Information Officer, on the "News for Neighborhoods". Mr. Levinson feels the addition of pictures, and being able to download it on the web and the fact of it being mailed out to people is really beneficial. Mr. Levinson commented about the new water bills and stated many people have approached him informing him the water bills are readable and easy to see. Mr. Levinson commented about an article about a member of the Fire Department and stated members of the Fire Department joined the Commission at Jimmy's Stone Crab. Mr. Levinson echoed comments expressed by Mr. Costin about anyone who has the opportunity to thank Jimmy Story to please do so. Mr. Levinson stated he and the Mayor spent a full day with Office Depot who also deserves a great amount of credit for delivering 1,000 turkeys to the community. Mr. Levinson stated in addition to the Tree Lighting Ceremony where Office Depot participated, one of the deliveries was for 300-400 turkeys for the Straghn Thanksgiving Dinner at Pompey Park. Mr. Levinson commented about the Tree Lighting Ceremony and stated the weather was perfect. He stated approximately 30 people approached him letting him know how excited they are about the Bond Issue. With regard to garbage cans and garbage along Atlantic Avenue, Mr. Levinson stated on Saturday morning when he walked down to the Green Market around 10:00 a.m., the garbage cans had not been picked up from the night before. Mr. Levinson stated the garbage cans overflow and there is no room for additional garbage to go. Mr. Levinson suggested that staff temporarily place cardboard cans along Atlantic Avenue until they can obtain additional garbage cans. Mr. Levinson commented about the street lights and stated there may need to be some methodology by which staff targets those lights that are out. Mr. Levinson stated at some corners where a street light is not working, it is difficult to make a right or left turn and he is concerned about the safety and security of walkers as well. The City Manager commented the rate assumes a certain percentage of the outage; however, this generally exceeds that percentage. 13.C.5. Mayor Perlman Mayor Perlman stated the Police Chief has asked him to announce that the street lights will be out along West Atlantic Avenue throughout the Holiday Season because of the construction on the interstate. Mayor Perlman stated he is not sure whether this is a Florida Department of Transportation (FDOT) issue or a Florida Power & Light (FP&L) issue because he has not received any calls back from them yet and stated the Police Chief is very concerned. -18- 12/02/03 Secondly, Mayor Perlman commented about the Thanksgiving Dinner and would like to formally recognize Mr. Story because he feels what he did is extraordinary. Mayor Perlman commented about the 1,000 turkeys donated by Office Depot to needy residents of Delray Beach including Carver Estates. Mayor Perlman stated although Office Depot is vacating their Delray Beach Headquarters, their commitment to the community, he believes, will stay. Mayor Perlman applauded Marjorie Ferrer, Dowtown Coordinator, for getting Office Depot to contribute. Mayor Perlman commented about a few local authors in town and stated he bought McCall Rosenthal's book at the Historical Society Breakfast and recommends the book to everyone. In addition, Mayor Perlman stated Sandy Simon wrote a book regarding the history of Highland Beach. Mayor Perlman stated the crowd for the Tree Lighting Ceremony was the best ever. Mrs. Archer suggested exploring the possibility of closed circuit television with a screen so that the Tree Lighting Ceremony can be seen down Atlantic Avenue. Mayor Perlman feels this is a very good idea and commented that Office Depot is interested in entering a balloon float in the Macy's Thanksgiving Day Parade and they want their float to be a replica of the Delray Beach 100 foot tree. Mayor Perlman stated the Legislation Delegation was at Old School Square last week and commented he was able to discuss the Old School Square grant that the City hopes to send to the State and ask them for support this year (Article V funding and the Community Redevelopment Agency Legislation). Mayor Perlman announced that there is a middle school meeting at Pine Grove Elementary School tomorrow evening at 7:00 p.m. to discuss various options that are available for elementary school students going on to middle school. Mayor Perlman also commented about the new Hi-Tech Middle School that is being built in hopes to help provide some relief of overcrowding at Carver Middle School. Mrs. Archer announced the Education Board voted to support the inclusion of relief for Carver. However, Mrs. Archer stated the Board's primary concern was that they not jeopardize any building of the potential new Middle School of the Arts for the old Atlantic High School site. For the benefit of the Commission and the public, Mayor Perlman stated he would like to make a clarification contrary to what may have been seen in newspapers and emphasized PROD has not yet taken a position on the Bond Issue. Mayor Perlman stated Bill Schwartz assured him that PROD will look at the four questions and not make a decision until they have all the information. Mayor Perlman stated there has not been an official position although there have been quotes seen in the newspapers that they may have been reacting to. Furthermore, -19- 12/02/03 Mayor Perlman stated he mailed the President of PROD asking if they would like to take a position and meet with the Commission so that they can discuss this matter further. There being no further business, Mayor Perlman declared the meeting adjourned at 8:00 p.m. City Clerk ATTEST: 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 December 2, 2003, which Minutes were formally approved and adopted by the City Commission on January 6, 2004 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 aRer review and approval which may involve some amendments, additions or deletions as set forth above. -20- 12/02/03 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Perlman, Jeffrey Z. 971 Delray Lakes Drive OooNrv De!racy Beach, F19rida . 33444 II~mo~w~c~vo~ ~ '12/02/03 Palm Beach Delray Beach City Commission City of Del?ay Beac..h WHO MUST FILE FORM 8B 11tis 10ml is for use by any person serving at the county, city, or other local level of government on an appelnted or elected board, council, commission, a~, or comm~ee. It applies equally to members of adyiso~y and non-.advisory bodies who are I)~e~-~l'ltedrwith aV(~lt~lT~l~ conflict of Interest under Section 112.3143, Florida Statutes. INSTRUCTIONS FOR COMPLIANCE Wrl'H SECTION 112.3143, FLORIDA STATUTES ' person holding elective or appointive county, municipal, or uthor local public olflse MUST ABSTAIN from voting on a measure which ~re which ~ to the special gain or loss of a i~inclpel (other than a govemment agency) by whom he or she is retained ~ the parent organization or subsidier/of a corporate p~'incipal by which he or she is retained); to the special private gain or ~ of a relative; or to the special p~ivate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357. F.S., and officer; of independent special tax districts elected on a orle-acre, one-vote basis are not prohibited from voting in that For puq)oses of this law, a 'r~elive' ktctudes only the officer's father, mothor, son, daughter, husband, wife, brother, sister, father..in4aw, m~h~'4n-I~, somln-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enteqxise with the (dficer as a pa~tnor, joint venturer, coowner of property, or oofgorata shareholder (where the shares of the coq~3m~ ELECTED OFRCERS: In add#ion fo abelalning from votlng in the s#uatkx~ described above, you must disclose the co~fllct: PRIOR TO THE VOTE BEING TAKEN by peblidy stating to the essentbty the netu~e of your interest in the measure o~ which you WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and firing this form with the pers(~ responsible for recoerflng the tofo- APPOINTED OFFICERS: ' yO~ iNTENI~ TO MAKE ANy ,~;i i ~ T0 INFLuEN~= THE DECisiON PRIOR TO THE MEETING AT WHICH THE VOTE'WIll,BE TAKEN: APPOI~OFRCERS (oonflnued~ *: ~, : , · IF YOU MAKE NOA! ! !::MPT TO:INFLUENCE THE DECISION EXCEPT By DiscuSSioN AT THE MEETING: You mu~ compkl~e Ihe form and ~e it wilhin 15 deys'alier I1~ ~e ~ ~ ~ ~ ~e ~i~ ~ ~ ~ ~ DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Z. Perl~n ,~y~~ December 2, ,~03 : the Co--unity Redevelopment ~ency. _C~N~T~S GROUNDS FOR AN~I MAY BE PUNISHED BY ONE oR MORE OF THE FOLLOWING:, IMPEACHMENT,