03-16-04 MinutesMARCH 16, 2004
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, March 16, 2004.
1. Roll call showed:
Present -
Commissioner Patricia Archer (arrived at 6:18 p.m.)
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
Chevelle D. Nubin, Deputy City Clerk
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The opening prayer was delivered by Nancy Norman with Unity of Delray Beach.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Perlman noted some revised information for Item 12.A., Ordinance No.
22-04.
Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0
vote.
APPROVAL OF MINUTES:
None.
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PROCLAMATIONS:
6.A. Recognizing and commendin~ Johnny Haynes - Parks Maintenance Division
- Parks and Recreation Department Employee of the Year for 2003, and Jo Wagenhals -
Ocean Rescue Division and Gail Vanhove - Administration/Recreation Division as Parks
and Recreation Top Employees of the Year 2003
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Johnny Haynes, Parks and Recreation Employee of the Year 2003 for his
dedication and service to the community of Delray Beach and the Parks and Recreation
Department. In addition, Mayor Perlman recognized and commended Jo Wagenhals and Gall
Vanhove, Parks and Recreation Top Employees of the Year 2003 on a job well done for the
Parks and Recreation Department and the City of Delray Beach.
Joe Weldon, Director of Parks and Recreation, introduced Gall Vanhove, Jo
Wagenhals and Johnny Haynes and presented each of them with a plaque and a check. The
recipients came forward to accept their proclamations, plaques and checks.
6.B. Commending multiple medal winners - Delra¥ Beach 2004 Senior Games
Mayor Perlman read and presented a proclamation hereby proclaiming that the
following individuals are to be commended for their many triumphs in this competition, and for
their spirit and enthusiasm. Danielle Gallo, Recreation Supervisor III/Marketing for the Parks
and Recreation Department, came forward to accept the proclamations for the following Senior
Games Winners:
Loring Holmes - 10 gold medals in swimming;
Ann Schmidt- 9 gold medals in swimming;
Raymond Lebowitz - 5 gold medals in track and field;
George McNeil - 5 medals (4 gold and 1 silver) in track and field;
Jose "Tony" Santana - 5 medals (4 gold and 1 silver) in track and
field;
Ed Rangel - 5 medals (3 gold in track and field and 2 gold in
basketball skills);
Raymond Bowles - 5 medals (3 gold and 2 silver) in swimming;
Justin Langsner - 5 medals (2 gold in track and field, 1 gold and 1
silver in basketball skills, 1 gold in golf);
Vivian Stirpe - 4 medals (1 gold in table tennis, 3 gold in swimming);
David Shumaker- 4 gold medals in swimming;
Martin Quinn - 4 medals (3 gold and 1 silver) in track and field;
Jacob Robinson - 4 medals (2 gold and 1 silver in track and field, 1
gold in tennis);
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Macular Degeneration Awareness Week- March 21-27~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming March 21
through March 27, 2004 as Macular Degeneration Awareness Week in the City of Delray Beach,
Florida. Ronnie Osinoff, Chairperson and Micki Mele, Co-Chairperson from the Foundation for
Fighting Blindness came forward and accepted the proclamation.
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7. RESENTATIONS:
7.A. 15th Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf
Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry
DonFrancisco
Perry DonFrancisco, President for Delray Citizens for Delray Police, stated the
Del-Aire community has raised funds for the City of Delray Beach for nearly 15 years and these
funds will help both the Fire-Rescue Department and the Police Department to purchase
equipment that will continue to save lives that otherwise would not have been able to be
purchased. Mr. DonFrancisco stated the residents of Del-Aire are very proud of what they have
accomplished.
Harvey Lurvey, Co-Chair of the Charity Golf Tournament, recognized and
commended Ivan Ladizinsky, Bill Wood, and Marjorie Ferrer for all their help. Mr. Lurvey
presented the Delray Beach Police Department and the Delray Beach Fire-Rescue Department
with a donation in the form of a check.
Kerry Koen, Fire Chief, stated this money will be used to purchase a rescue boat
and trailer and will also allow the Fire-Rescue Department to get the dive team in safer position
in the event of a water rescue. Chief Koen stated the Fire-Rescue Department is very
appreciative for the generosity of the Del-Aire residents and commented this has been a tradition
for many years.
Larry Schroeder, Police Chief, stated the money will be used for a computer
forensic lab in the Police Department to help expedite solving crimes that are technical in nature.
On behalf of the Police Department, Chief Schroeder expressed sincere appreciation for this
donation.
On behalf of the entire City and the City Commission, Mayor Perlman stated they
are so proud and appreciative of everything the Del-Aire residents have done for the City of
Delray Beach.
7.8.
Employee Suggestion Award to Jim Finley~ Police Officer
Larry Schroeder, Police Chief, introduced Officer Jim Finley who suggested that
the towing contract for the Police vehicles include a flat rate of $40.00 for flat tires and for new
batteries. Chief Schroeder presented Officer Finley with a check in the amount of $550.00 for
his suggestion.
7.C. "Spotlight on Education" - Mary Stratos~ Principal at Carver Middle School
Mary Stratos, Principal at Carver Middle School, stated both the teachers and the
students have worked very hard and received a 99.6% participation rate for the FCAT testing.
She stated this is very important with the "No Child Left Behind Act" and commented that each
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school must have above 97%. Ms. Stratos stated she is working at making Carver a premier
middle school for the City of Delray Beach and she is keeping Janet Meeks, Education
Coordinator, abreast of every initiative that Carver is instituting. Ms. Stratos stated she is also
looking to have an IB Program in order to incorporate more science, technology, and art and is
working at raising the standard bar for the children.
Ms. Stratos stated 65 students have been inducted into the National Junior Honor
Roll Society and the goal for next year is 125 students. She stated the girl's basketball team has
made it to the district championships and the boy's basketball team has made it to the semi-
finals. Ms. Stratos stated she is looking to initiate a Summer Literacy Program and is working
diligently to raise money for summer camp that would be free to the students who attend Carver
Middle and on May 23, 2004, The Hamlet will assist by sponsoring a Gala for Literacy
Development.
Lorraine Fritz, Carver Middle School, stated the curriculum for the International
Baccalaureate Program (IB) not only raises the standard bar for the students but when they
complete the program at the end of Atlantic High School, the students are at least one full year of
college ahead of their peers.
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CONSENT AGENDA: City Manager Recommends Approval.
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FINAL BOUNDARY PLAT APPROVAL/PINEAPPLE GROVE
BUILDING: Approve the boundary plat for the Pineapple Grove Building, located on the
northwest corner ofN.E. 2nd Avenue (Pineapple Grove Way) and N.E. 2nd Street.
8.B. ACCEPTANCE OF EASEMENT DEED AND AGREEMENT FOR
SIDEWALK IMPROVEMENTS/JOHN REMUS SERVICES: Approve and accept a five
(5) foot easement deed and approve a 151.67 foot sidewalk deferral agreement between the City
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and John Remus Services for S.E. 2nd Avenue (southwest corner of S.E. 2 Street and S.E. 2
Avenue).
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RIGHT-OF-ENTRY AGREEMENT/SEACREST/DEL-IDA PHASE IV:
Approve the Right-of-Entry Agreement for 118 N.E. 16th Court to allow the City or its
contractors to enter onto the owner's property and modify the driveway for the construction of
the splitter island.
8.D. RESOLUTION NO. 27-04: Approve Resolution No. 27-04 urging the United
States House of Representatives and Senate to continue to support beach renourishment projects.
The caption of Resolution No. 27-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA URGING THE UNITED
STATES HOUSE OF REPRESENTATIVES AND SENATE TO
CONTINUE TO SUPPORT BEACH RENOURISHMENT
PROJECTS AND REJECT ALL EFFORTS TO WITHDRAW OR
LIMIT THE FEDERAL GOVERNMENT ROLE IN THIS
ENVIRONMENTAL AND ECONOMIC RESOURCE.
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(The official copy of Resolution No. 27-04 is on file in the City Clerk's office.)
SERVICE AUTHORIZATION NO. 32/DAVID MILLER & ASSOCIATES,
P.A.: Approve Service Authorization No. 32 to David Miller & Associates, P.A. in the amount
of $15,500.00 for consulting services in developing preliminary analysis and report preparation
for the City Hall Space Study Project. Funding is available from 334-6112-519-31.30 (General
Construction Fund/Engineering & Architectural).
8.F.
CANCELLATION OF CONTRACT (SAVEMORE UNDERGROUND &
ELECTRICAL SUPPLY CO.)/AWARD OF CONTRACT (FERGUSON WATER
WORKS/MELROSE SUPPLY/LEHMAN PIPE & SUPPLY/ NATIONAL
WATERWORKS): Approve cancellation of the contract with Savemore Underground &
Electrical Supply Co. for furnishing of pipe fittings and accessories due to withdrawal of bid; and
award of contracts to Ferguson Water Works, Melrose Supply, Lehman Pipe & Supply, and
National Waterworks, second lowest bidders, for the items. Funding is available from various
departmental operating budgets.
8.G. SPECIAL EVENT REQUEST/2004 EXCLUSIVE SPORTS MARKETING
VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for
the 2004 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach
on April 24 and 25, 2004.
8.H. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a
request for special event approval to allow the Easter Sunrise Service to be held April 11, 2004
from 5:30 a.m. until 7:30 a.m., including a temporary use permit per LDR Section 2.3.6(H) for
the closure of South Ocean Boulevard from Atlantic Avenue to Miramar, the use of the pavilion,
staff support for traffic control, barricading, and EMS assistance on behalf of the Delray Beach
Clergy Association.
8.1. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for two (2) eligible applicants/families in the amount of $19,235.00 for new construction
on N.W. 4th Avenue and $10,600.00 for 819 S.E. 3rd Avenue. This brings the number to 158
homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-
49.20 (Home Owner Subsidy).
8.j.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March 8,
2004 through March 12, 2004.
8.K.
AWARD OF BIDS AND CONTRACTS:
Purchase award to PVS Technologies, Inc. in the amount of $91,000.00
via the Broward County Bid #CX01244B 1 for ferric chloride for use in the
Water Treatment Plant. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
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Purchase award to Otto Industries Systems in the amount of $21,930.00
for the purchase of garbage carts with lids as a sole source purchase.
Funding is available from 433-3711-534-49.35 (Sanitation/Cart Renewal
and Replacement).
Contract award to PureAir Control Service, Inc. in the amount of
$78,121.00 via the State of Florida SNAPS Agreement #9732149-3 for an
environmental clean-up of the air conditioning system at the Police
Department. Funding is available from 334-3162-541-46.10 (General
Construction/Building Maintenance).
Mr. Levinson moved to approve the Consent Agenda, 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.
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REGULAR AGENDA:
9.A. WAIVER REQUEST/LOT DIMENSION: Consider a request to waive Land
Development Regulations (LDR) Section 4.3.4(K) to reduce the lot frontage, lot width, and lot
size for a proposed lot, located near the northeast corner of S.W. 7th Avenue and S.W. 3rd Street.
(Quasi-Judicial Hearing)
Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel
to Vice Mayor Levinson.
Vice Mayor Levinson read into the record the City of Delray Beach procedures
for conducting a Quasi-Judicial Hearing for this item.
The Deputy City Clerk swore in those individuals who wished to give testimony
on this item.
Vice Mayor Levinson asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2004-134 into the record.
Mr. Dorling stated the subject property consists of 5 platted lots; that are 25' wide
by 106.04' deep and one lot that is 31.46' wide by 106.04' deep. The proposed corner lot will
measure 81.46' wide by 106.04' deep and is conforming to code. The proposed interior lot will
measure 50' wide by 106.04' deep which will not comply with the R-1-A (Single Family
Residential) zoning district lot standards. Mr. Dorling stated as per LDR Section 4.3. i(D), the
City Commission has the authority to grant relief of the following standards:
LDR Section 4.3.4(K) (Development Standards Matrix):
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Reduction of required lot frontage from 60 feet to 50 feet; and,
Reduction of required lot width from 60 feet to 50 feet; and,
Reduction of required lot size from 7,500 sq. ft. to 5,300 sq. ft.
Mr. Dorling stated pursuant to LDR Section 4.3. i(D), lots or yards created after
October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City
Commission declares at the time of approval of an associated development application that it is
necessary and appropriate to create such nonconformity. Staff recommends approval of the
waiver request.
The applicant came forward and gave a brief presentation:
Diane Colonna, Executive Director of the Community Redevelopment Agency
(CRA) stated the CRA is requesting the waiver in order to build two affordable homes on this
property and under the current code only one home is allowed.
Vice Mayor Levinson stated if anyone from the public would like to address the
Commission regarding the waiver request, to please come forward at this time.
Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach (representing the
President's Council), urged the Commission to consider Carver Square before changing anything
on the lots.
Patricia Nelson, 305 S.W. 7th Avenue, Delray Beach, stated she lives in the
surrounding area which in her opinion is a dump and unsafe. Ms. Nelson stated the big
machinery used by the engineering firm caused her home to vibrate and crack. She asked what
the CRA is paying the engineering firm to process these tests and inquired as to what the City is
going to do about it.
Alice Finst, 707 Place Tavant, Delray Beach, stated she has been a member of the
NW/SW Management Team and one of the things they have discussed in regards to revitalizing
the neighborhoods has been opening up the alleys. Mrs. Finst stated with regard to the parcel of
land that is being divided, the houses will not back onto the alleys but will be parallel to the
alleys. Mrs. Finst stated if the Commission decides to divide these lots she feels they should be
sensitive to the ideas of alley access because it will get the parking off the street. Mrs. Finst
suggested that instead of having to remove and compact the land, the Commission may want to
consider this property for a neighborhood park. Mrs. Finst suggested if the Commission does
agree with this, that the lots be reoriented so there will be alley access to comply with the
discussion about projects on the Northwest/Southwest Management Team.
Ms. Colonna stated the CRA has no intention of building on property that is
unsafe and emphasized she would not want to create the same situation as like with Carver
Square. Ms. Colonna stated as like the Carver Square properties, the CRA has hired an
engineering firm to perform studies and soil tests. Ms. Colonna stated some of the private lot
owners have already had the testing completed and have talked about ways to remediate the
problems with the soil; and if there is a way to build on the property safely and feel secure that
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there will not be structural problems in the future, then the CRA will pursue this. Ms. Colonna
stated if not, then the CRA will consider the idea of a park. Ms. Colonna stated the reason the
CRA oriented the lots the way they are is because you can still have rear access (i.e. access off
the alley to a garage in the rear and the other can take access off of S.W. 7th Avenue to a garage
in the rear). Ms. Colonna stated if the lots were oriented differently then these two lots would
have been non-conforming.
Mr. Costin inquired as to whether or not staff tried to equalize the lot sizes. In
response, Mr. Dorling stated as Ms. Colonna indicated if this were done then there would be two
non-conforming lots.
Ms. McCarthy inquired about the additional square footage in the corner lot
because it incurs additional setbacks as well. In response, Mr. Dorling stated the rationale for
having larger size lots in the corner is because there is a side street setback and front setback
which are greater than an interior lot. Ms. McCarthy inquired whether or not metal machines are
being used for the soil bearings that may cause some disruption or vibration. Ms. Colonna stated
she believes this is a type of instrument which is inserted into the dirt (to the core) and then they
look at the condition of the soil. Ms. McCarthy asked if the engineering firm was made aware of
the situation the City was dealing with in the area. Ms. Colonna stated the engineering firm is
very much aware and noted that Mike Simon, Development Manager, has met with everyone in
the Carver Square area and has arranged for these tests.
Prior to the vote, Ms. McCarthy stated she will vote in favor to support the lots
being divided because she believes whatever report is provided to the CRA from the engineering
firm that the CRA would be sensitive and not put another house on the land if the land is not
safe.
Mrs. Archer moved to approve the waivers to LDR Section 4.3.4(K)
(Development Standards Matrix) to reduce the lot frontage, lot width and lot size for a proposed
lot to the dimension as noted in the Planning and Zoning Staff Report, based upon positive
findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D) subject to the condition that a
Declaration of Unity of Title be executed and recorded and a survey filed showing the
recombination of the lots, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 4 to 0 vote.
9.B. RESOL[ITION NO. 26-04: Consider approval of Resolution No. 26-04
authorizing the Community Redevelopment Agency (CRA) to acquire fee simple title by gift
purchase or eminent domain for property needed for Old School Square expansion, including
additional parking.
The caption of Resolution No. 26-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRIBED BY THE DELRAY BEACH
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COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 26-04 is on file in the City Clerk's office.)
Commissioner Costin declared a conflict of interest and left the dais.
Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel
to Vice Mayor Levinson.
Mrs. Archer moved to approve Resolution No. 26-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Archer
- Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote.
At this point, Commissioner Costin returned to the dais.
9.C. RESOLUTION NO. 17-04 (CRA REDEVELOPMENT REVENUE BONDS):
Consider approval of Resolution No. 17-04 authorizing the Community Redevelopment Agency
of the City of Delray Beach to issue Redevelopment Revenue Bonds not to exceed $12,000,000.
The caption of Resolution No. 17-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY (THE "AGENCY") TO ISSUE TAX INCREMENT
REDEVELOPMENT REVENUE BONDS, IN ONE OR MORE
SERIES (THE "BONDS"), IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED TWELVE MILLION
DOLLARS ($12,000,000) UPON TERMS HEREINAFTER
DESCRIBED; AUTHORIZING THE PROPER OFFICIALS OF
THE CITY TO DO ALL OTHER THINGS NECESSARY TO
ASSIST THE AGENCY IN THE ISSUANCE OF THE BONDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 17-04 is on file in the City Clerk's office.)
Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel
to Vice Mayor Levinson.
Diane Colonna, Executive Director of the CRA, stated this is a request to enable
the CRA to issue approximately $12,000,000 in revenue bonds, $10,000,000 of which will be
new money and $2,000,000 is to refinance existing debt. She stated the purpose is to take
advantage of the low interest rates and be able to accelerate some of the CRA projects
particularly with implementing the Downtown Plan and the Southwest Plan. In addition, Ms.
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Colonna stated some of the money will be used for acquisition of properties including the Carver
Square properties.
Ms. McCarthy inquired about the dollars for the bond and asked if this is going to
help with the implementation of the Southwest Plan. Ms. Colonna stated this will help in terms
of land acquisition for parks or for affordable housing opportunities. Ms. McCarthy asked Ms.
Colonna if the neighborhood that has helped develop the plan is aware of the fact that this is one
of the reasons for the bonds. Ms. Colonna stated she does not know if they are aware or not.
Ms. McCarthy asked what the cost would be to an individual homeowner if passed. Ms.
Colonna stated there is no cost to the homeowner and this will come from projected revenues.
Mr. Levinson stated he spoke to the SW Neighborhood Council President and the
NW Neighborhood Council President and they are aware of the refinancing to make sure that it
is accelerated as opposed to waiting for the TIF (Tax Incremental Funds) money to come in
annually.
Mrs. Archer moved to approve Resolution No. 17-04, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice
Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
0.D.
AMENDED AND RESTATED LEASE AGREEMENT/LAKE IDA PARK:
Consider approval of the amended and restated lease agreement between the City and Palm
Beach County to extend our current lease for an additional ten (10) years to be eligible for a
Florida Recreation Development Assistance Program (FRDAP) grant for playground equipment
at Lake Ida Park (11th Street).
At this point, Mayor Perlman returned to the dais.
Joe Weldon, Director of Parks and Recreation, stated the Florida Recreation
Development Assistance Program (FRDAP) is requesting the City and Palm Beach County to
extend the current lease agreement for an additional ten (10) years.
Mr. Levinson inquired as to whether or not this lease agreement should extend
beyond the (10) years.
Mr. Costin moved to approve the amended and restated lease agreement between
the City of Delray Beach and Palm Beach County to extend the current lease for an additional
ten (10) years to be eligible for a FRDAP Grant for playground equipment at Lake Ida Park,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
9.E. RESOLUTION NO. 20-04: Consider approval of Resolution No. 20-04
amending Resolution No. 88-97, Parking Management Advisory Board (PMAB), to provide for
the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA),
Planning and Zoning Board (P&Z), West Atlantic Redevelopment Coalition (WARC), and the
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Chamber of Commerce to appoint an alternate member to the PMAB.
The caption of Resolution No. 20-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION
NO. 88-97 WHICH ESTABLISHED THE PARKING
MANAGEMENT ADVISORY BOARD, AS SUBSEQUENTLY
AMENDED BY RESOLUTIONS 10-98, 33-98 AND 63-00 BY
AMENDING SECTION 3 PERTAINING TO MEMBERSHIP
COMPOSITION TO PROVIDE FOR ALTERNATE MEMBERS
TO BE APPOINTED FROM THE CRA, DDA, P&Z; WARC
AND CHAMBER OF COMMERCE BOARDS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 20-04 is on file in the City Clerk's office.)
The City Attorney stated this resolution amends previous resolutions and provides
for alternate members for the Parking Management Advisory Board for some of the positions.
The City Manager commented that hopefully this will help with some of the
attendance issues.
Mr. Levinson moved to approve Resolution No. 20-04, 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 time being 6:55 p.m. the Commission moved to Item 12, First
Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 22-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover Distributions",
providing a mechanism for the roll over of 457 and 401 funds where applicable. If passed, a
public hearing will be scheduled for April 13, 2004.
The caption of Ordinance No. 22-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33,
SUBHEADING
ORDINANCES
FLORIDA, BY
TRANSFERS
"POLICE AND FIRE DEPARTMENTS",
"PENSIONS", OF THE CODE OF
OF THE CITY OF DELRAY BEACH,
AMENDING SECTION 33.70, "DIRECT
OF ELIGIBLE ROLLOVER
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DISTRIBUTIONS", PROVIDING FOR DIRECT ROLLOVER
OF DISTRIBUTIONS FROM A QUALIFIED PLAN INTO
THE FUND FOR THE PURCHASE OF AN ENHANCED
MULTIPLIER; PROVIDING A SAVING CLAUSE; A
GENERAL REPEALER CLAUSE; AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 22-04 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 22-04 on FIRST Reading,
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.
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. RESOLUTION NO. 13-04: Consider approval of Resolution No. 13-04
providing for the transfer of real property to the Delray Beach Community Redevelopment
Agency to be utilized for the Renaissance Housing Program. Prior to consideration of passage of
Resolution No. 13-04, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 13-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO TRANSFER REAL PROPERTY IN THE CITY
OF DELRAY BEACH, WHICH PROPERTY IS LOCATED
ALONG THE EAST SIDE OF S.W. 5TM AVENUE JUST
NORTH OF S.W. 2NI) STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN, TO THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY TO BE
UTILIZED FOR THE RENAISSANCE HOUSING
PROGRAM.
(The official copy of Resolution No. 13-04 is on file in the City Clerk's office.)
Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor
Levinson.
Vice Mayor Levinson declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 13-04, the public hearing was
closed.
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Mrs. Archer moved to approve Resolution No. 13-04, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A. City Manager'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.
ll.B.1. Robert Finkel~ 317 Coral Trace Court~ Delray Beach~ thanked Mayor Perlman
for apologizing to his wife. However, Mr. Finkel stated he would like to see in writing what was
done with the interest from the Tate Property.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission.
13.C.1. Mrs. Archer
Mrs. Archer had no comments or inquiries on non-agenda items.
13.C.2. Commissioner Costin
Mr. Costin stated he attended the library fundraiser and feels it was very
successful and well received by the community.
He also stated that he really enjoyed the St. Patrick's Day Parade and commented
that thousands of people attended.
-13-
03/16/04
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated she attended an awards presentation ceremony at Old School
Square this weekend and commented she is continually mazed at all the people that make this
city so special.
13.C.4.
Commissioner Levinson
Mr. Levinson stated the St. Patrick's Day Parade was very successful and
commented that according to the Police Department the crowd was estimated at 20,000 people.
He stated Edward Gallagher, Parade Coordinator, should be commended for organizing a good
event.
13.C.5.
Mayor Perlman
Mayor Perlman commented about the St. Patrick's Day Parade and stated
everyone did a good job.
Mayor Perlman announced that Lyle Sumek will be here in May for the City's
Goal Setting Sessions; and stated he spoke with the City Manager about scheduling next year's
sessions with Mr. Sumek as soon as possible.
In addition, Mayor Perlman stated he spoke to Marlene Brown who informed him
that there is a "Read to Me Day" at Village Academy on Thursday morning from 8:30 a.m. -
10:00 a.m.
With regard to the Davis Cup, Mayor Perlman stated Ivan Ladizinsky, Public
Information Officer, has helped to arrange a commercial for the City to be taped on Thursday
afternoon and shown on ESPN.
Mayor Pcrlman announced that Tom Lynch is being honored by the Junior
Achievement as a "Living Legend" on March 19, 2004 for his work in the commtmity
throughout the years, and suggested that a letter be sent to him from the Commission
congratulating him for receiving this prestigious award.
There being no further business, Mayor Perlman declared the meeting adjourned
at 7:10 p.m.
City Clerk
- 14-
03/16/04
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 March 16,
2004, which Minutes were formally approved and adopted by the City Commission on
April 13, 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 after
review and approval which may involve some amendments, additions or deletions as set forth
above.
-15-
03/16/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
'erlman, Jeffrey Z.
MAILING ADDRESS
o~v971Delray Lakes Drive COUNTY
Delray Beach, Florida 33444 Palm Beach
I~ ON ~CH VO~ O~C~O 3/16/04
NAME~BOARD. COUNCIL, COMMIS~ON, AUTHORI~.O~COMMrF~EE
Delray Beach City Commission
City of Delray Beach
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flodda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether yo~ bold an elective or appointive position. Fo*' this reasoe, please pay close attention to the instructions on this form before
completing the reverse side and tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
person
holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures {o his or her special private gain or less. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
;,ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent oeganizafion or subsidiary of a corporate principal by which he or she is retained); to the special pdvate gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357. F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For p*Jrpoess 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 canying on a business
enterprise with the oft'~cer as a partner, joint venturer, coowner of prope~'ty, or coqx)rate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the contiict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
~though you must abstain from voting in the situations described above, you otherwise may pa~cipate tn these matters. However, you
_must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether mede
)y you or at your direction.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
ITAV~N:
· YOU must compfate and ~e this form (before making any attempt to influence the decision) wlth the parson responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
· A copy of Ihe fom~ must be providad immediately to the other membem of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of U3e
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publiciy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey Z. Perlman , hereby disdose that on March ].6,
(a) A measure came or will come before my agency which (check one)
__ inured to my special private gain or k3ss;
__ inured to the special gain or loss of my business associate,
~ inured to the speclal gain or loss of my relafive, Diane Colonna
__ inured to the special gain or loss of
whom I am retained; or
__ inured to the special gein or Ioes of
is the parent organization or subsidiary of a principal which has re[sined me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,2004 :
· by
, which
Diane Colonna, my wife, is director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community Redevelopment
Agency.
3/].6/04
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112~317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY RE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/'2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Costin~ Robert
crrw P.O. Box 2016
Delray Beach~ Florida
Palm Beach
March 16, 2004
N/~IE OF 8OARD, COONCIL, COMMISSION, ~TY, OR COUMITI~E
Delray Beach City Commission
THE 8OARO, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
City of Delray Beach
Q APP~NTIVE
WHO MUST FILE FORM 8B
This fon'n is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council,
commission, authority, or coremittee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
OR whether you hold an elective or appointive position. For this reason, please pay close attenUon to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
person hciding elective or appointive county, municipal, or other lecal public office MUST ABSTAIN from voting on a measure which
nures to his or her special pdvate gain or Ioes. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss ota relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vota basis are not prohibited from voting in that
capacity.
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
enteq)rise with the officer as a partner, joint venturer, coowner of proper[y, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stoc~ exchange).
ELECTED OFFICERS:
In addibo~ to abstaining from voting in the situations desc,~bed above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
_must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
~y you or st your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
ITAKEN:
· You must comp~efa and file this form (before making any attempt to influence the decision) with the person responsible for reconJ'a',g the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO A'n'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disciose orally the nature of your conflict in the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with the parson responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is tiled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Robert Costin
I, , hereby disclose that on March 16,
(a) A measure came or will come before my agency which (chec~ one)
~ inured fo my special private gain er loss;
__ inured to the special gain or loss of my business associate,
__' Inured to the special gain or loss of my relative,
inured to the special gain or loss of.
whom I am retained; er
inured to the special gain er loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my contiicting interest in the measure is as follows:
,20 04 :
I previously sold my business which was a tenant in the Love Building.
3/16/04
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000;
CE FORM 8~ - EFF. 1/'2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Perlman, Jeffrey Z.
LUNG971~%lray Lakes Drive
Delray Beach, Florida
DATE ON WHICH VOTE OCCURRED
33444 Palm Beac[
3/16/04
Delray Beach City Commission
City of Delray Beach
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to membem of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close affention to the instructions on this fo,,'m before
completing the reveme side and tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
perso~ holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or less of a principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissionem of community redevelopment agencies 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
For purposes of this law, a 'relative' includes only the officer's father, mather, son, daughter, husband, wife, brother, sister, father-imlaw,
mather-in-taw, son.tn-law, and daughter-ir~aw. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a padr, er, join~ venturer, coowner of property, or corporate shareholder (where the shares of the cerporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In add~on to abstaining from voting in the situations desoribed above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by pubiicty stating to the assembly the nature of your interest in the measure on which you
ere abstaining from voang; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for reco~ing the min-
utes of the meeting, who shoed incorporate the form in the minutes.
APPOINTED OFFICERS:
Nthongh you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
_must disclose the nature of the centiict before making any attempt to influence the decision, whether orally or in writing and whether made
Dy you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· Yon must =ompleto and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 81} - EFF. 1/2000
PAGE1
APPOINTED OFFICERS (continued)
· A coPY of the form must be provided immediately to the other membem of the agency.
· The form must be read pubticly at the next meeting after the form is filed.
IF YOU MAKE NO ATI'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and tile it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be reed publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Jeffrey Z. Perlman ,herebyd~ciusethaton March 16,
(a) A measure came or will come before my agency which (check one)
__ inured to my special pdvate gain or loss;
__ Inured to the special gain or loss of my business associate,_
~ Inured to the special gain or loss of my re~tive, Diane Colonna
__ inured to the special gain or loss of
whom I am retained; or
__ inured to the spactal gain or losu of
is the parent ofl;lanization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting intorast in the measure is as follows:
.2004
, which
Diane Colonna, my wife, is director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
3/16/04
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE I --
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHEO BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~,ST NAME-FIRST NAME~IDDLE NAME
Perlman, Jeffrey Z.
971 Delray Lakes Drive
Delra~ Beach, Florida 33444 Palm Beach
Delray Beach City Commission
City of Delray Beach
March 16, 2004
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected beard, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Findda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you beld an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and tiling the form.
L WITH SECTION 112.3143, FLORIDA STATUTES
INSTRUCTIONS
FOR
COMPLIANCE
person holding elective or appointive county, municipal, or other local pubtic office MUST ABSTAIN from voting on a measure which
~ures to his Or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
;ute which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or less of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For paq:x~ses of this law, a 'relative" includes only the officor's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-tn-law, sen-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed On any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described abeve, 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 abetaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the parson responsible for recording the mirk
utes of the meeting, who should incoqx~ate the form in the minutes.
APPOINTED OFFICERS:
,Nthough you must abstain from voting in the situations described abeve, you otherwise may pa~cipate in these matters. However, you
_must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
~y you or at your direction.
F YOU INTEND TO MAKE ANY Ail t:MPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and tile this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will inceqx)cate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· Yo~ must disclose orally the nature of your conffiot in the measure before participating.
· You must complete the fo~m and file it within 15 days after the vote occurs with the parson responsible for recording the minutes of the
meeting, who must thcoqx~rata the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Jeffrey Z. Perlman , hereby disclose that on March 16,
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my busineSS associate,
inured to the special gain or loss of my relative,
.-X. inured to the special gain or loss of Diane Colonna
whom I am retained; or
__ inured to the special gain or loss of
is the parent organization or subsidia;y of a Ixincipal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,20 04 :
Diane Colonna, my wife, is director of the CommUnity Redevelopment AgencY (cRA)
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
3/16/04
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL pENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PACE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~T NAME--FIRST NAME~IDDLE NAME
~erlman, Jeffrey Z.
971Delray Lakes Drive
Delray Beach, Florida 33444 Palm Beach
/ 6/o4
Delray Beach City Commission
City of Delray Beach
WHO MUST FILE FORM 8B
This fo~m is for use by any pemon serving at the cor~nty, city, or other local level of govemment on an appointed or elected beard, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flodda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary gmstly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the mveme side and filing the form.
hums to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
;urn which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate gain or k)ss of a relative; or
to the special pdvate gain or loss of a business associate. Commissionem of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a ona-acre, one-vote basis am not pmblbited from voting in that
For purposes o~ this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law.
mother-th-law, so~-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business
ente~ with the officer as a partner, joint venturer, coowner of proper[y, or corporate shareholder (where the shams of the coqx~tion
am no( listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition fo abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and liling this form with the parson mspansible for recording the min-
utes of the meeting, who sho*Jld incoq:x~ate the form in the minutes.
APPOINTED OFFICERS:
Nthough you must abstain from voting in the situations described above, you ofhenvise may participate in these mattem. However, you
~must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
you or at your direction.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the pomon responsible fo~ recording the
minutes of the meeting, who will incoq)orate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
· A copy of the fon~ must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting aftor the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· Yo~] must disclose orally the nature of your conflict in the measure before pa~cipating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting alter the fora1 is tiled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey Z. Perlman , hereby disciose that on March 16, ,2004 :
(a) A measure came or will come before my agency whic~ (check one)
__ Ima'ed to my special p~ivata gain or loss;
__ Inured to ti'~e spectal gain or loss of my busieess associate, ;
~ Inured to the special galn or foss of my relative, Diane Colonna ;
__ inured to the special gain or loss of , by
whom I am retained; or
__ inured to the spectal gain or lo~.s of
is the parent organization or sub.diary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Diane Colonna, my wife, is director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community Redevelopment
Agency.
. wh~h
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2