01-06-98 JANUARY 6, 1998
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
January 6, 1998.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Pastor Michael
McClure of West Park Baptist Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given°
4. Aqenda Approval.
Mayor Alperin noted that Item 12.B., Ordinance No.
2-98, should be amended to reflect that Exhibit "A" to the
ordinance consists only of the amended Community Redevelopment
Plan and not the amended West Atlantic Avenue Redevelopment Plan.
The West Atlantic Avenue Redevelopment Plan will be considered as
a separate item in conjunction with second reading of Ordinance
No. 2-98 on January 20, 1998.
Mr. Ellingsworth moved to approve the agenda as amend-
ed, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
5. Approval of Minutes:
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of December 2, 1997, and the Minutes of the
Regular Meeting of December 9, 1997, seconded by Mr. Egan. Upon
roll call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
6. Proclamations:
6.A. Martin Luther Kinq, Jr. Day - January 19, 1998
Vice-Mayor Egan read the proclamation in its entirety.
Mrs. Lillie Strainge and Mr. Spencer Pompey came forward to
accept the proclamation from Mayor Alperin.
6.B. 50th Anniversary of the Rotary Club of Delra¥ Beach -
January 13, 1998
Deputy Vice-Mayor Randolph read the proclamation in its
entirety. Mr. David O'Connell, President of the Rotary Club of
Delray Beach, and Mr. Ernest Simon came forward to accept the
proclamation from Mayor Alperin.
7. Presentations: None
8. CONSENT AGENDA: City Manager recommends approval.
8.A. FINAL PLAT APPROVAL/DELRAY LINCOLN MERCURY PLAT NO. 2:
Approve the final plat for Delray Lincoln Mercury Plat No. 2.
The subject property is located approximately 420 feet south of
Linton Boulevard, between South Dixie Highway and South Federal
Highway.
8.B. RESOLUTION NO. 1-98 (ALLEY ABANDONMENT/KENMONT SUBDIVI-
SION): Adopt a resolution vacating and abandoning a 15 foot wide
east/west alley right-of-way within Block 1, Kenmont Subdivision,
located directly west of N.E. 9th Avenue and north of Bond Way,
based upon positive findings.
The caption of Resolution No. 1-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A FIFTEEN FOOT WIDE EAST/WEST
ALLEY RIGHT-OF-WAY WITHIN BLOCK 1, KENMONT
SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 20 AT PAGE 65 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LOCATED DIRECTLY WEST OF N.E. 9TH AVENUE AND
NORTH OF BOND WAY, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 1-98 is on file in
the City Clerk's office.)
8.C. RESOLUTION NO. 2-98: Adopt a resolution supporting the
Florida League of Cities, Inc.'s 1998 Constitution Revision
Resolution.
The caption of Resolution No. 2-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE
FLORIDA LEAGUE OF CITIES, INC.'S CONSTITUTION
REVISION RESOLUTION.
2 1/06/98
(The official copy of Resolution No. 2-98 is on file in
the City Clerk's office.)
8.D. RESOLUTION NO. 3-98: Adopt a resolution supporting
permanent and consistent funding for regional planning councils
in the Governor's budget.
The caption of Resolution No. 3-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
PERMANENT AND CONSISTENT FUNDING FOR REGIONAL
PLANNING COUNCILS IN THE GOVERNOR'S BUDGET;
PROVIDING FOR DISTRIBUTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 3-98 is on file in
the City Clerk's office.)
8.E. RESOLUTION NO. 4-98: Adopt a resolution in support of
the Western Communities Council's request that the Board of
County Commissioners invite the Treasure Coast Regional Planning
Council to participate in future planning for the central western
communities of Palm Beach County.
The caption of Resolution No. 4-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF
THE WESTERN COMMUNITIES COUNCIL OF PALM BEACH
COUNTY'S REQUEST THAT THE PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS INVITE THE
TREASURE COAST REGIONAL PLANNING COUNCIL TO
PARTICIPATE IN FUTURE PLANNING FOR THE
CENTRAL WESTERN COMMUNITIES OF PALM BEACH
COUNTY; PROVIDING FOR DISTRIBUTION; PROVIDING
AN EFFECTIVE DATE.
(The official copy of Resolution No. 4-98 is on file in
the City Clerk's office.)
8.F. RIGHT-OF-WAY USE PERMIT FOR TCG SOUTH FLORIDA: Approve
a Permit Agreement between the City and TCG South Florida for use
of the City's rights-of-way in order to provide telecommunica-
tions services within the City, until such time as the City
revises its telecommunications ordinance.
8.G. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve funding subsidies in the total amount of
$54,585.40 for three income eligible applicants under the Delray
Beach Renaissance Program, with funding from HOME (118-1923-554-
83.01) and SHIP (118-1924-554-83.01).
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8.H. REOUEST FOR FINAL PAYMENT/EAGLE METAL FABRICATORS,
INC.: Approve final payment in the amount of $4,898 to Eagle
Metal Fabricators, Inc. for painting of the structural frames of
the 100 foot Christmas tree, with funding from 334-6112-519-
46.90.
8.I. REOUEST FOR FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION=
Approve final payment in the amount of $150,884.99 to Murray
Logan Construction, Inc. for the miscellaneous barrier island
pump stations and drainage improvements project, with funding
from 440-5179-536-63.61, 441-5122-536-34.90, 442-5178-536-61.46/
61.78/61.84 & 63.90, and 448-5411-538-62.35.
8.J. RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS
COMMITTEE: Ratify the appointment of Grant A. Edwards to the
Kids and Cops Committee as a citizen-at-large to fill an unex-
pired term ending April 22, 1998.
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS=
Accept the actions and decisions made by the Site Plan Review and
Appearance Board during the period December 8, 1997 through
January 2, 1998.
8.L. AWARD OF BIDS AND CONTRACTS=
1. Purchase award in the amount of $12,054.60 to
Municipal Equipment Company via Lee and Collier
Co-op Bid for the purchase of 18 sets of protec-
tive bunker gear for the Fire Department, with
funding from 001-2315-526-52.22 and
001-2311-522-52.22.
Mr. Schmidt moved to approve the Consent Agenda,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA=
9.A. RESOLUTION NO. 5-98 (RESOLUTION OF NECESSITY FOR WOODS
OF SOUTHRIDGE ROAD IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT):
Consider approval of a resolution declaring the necessity for
public roadway improvements within the Woods of Southridge
Subdivision and directing the establishment of a special assess-
ment district to defray a part of the expense for the public
improvements.
The City Manager presented Resolution No. 5-98:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DECLARING THE
NECESSITY FOR PUBLIC ROADWAY IMPROVEMENTS ON
S.W. 8TH AVENUE, ZEDER AVENUE, SOUTHRIDGE
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ROAD, SUNDY AVENUE, DOUGLAS AVENUE, ELLA
STREET, BENJAMIN AVENUE, AND BESSIE STREET,
AND DIRECTING THE ESTABLISHMENT OF A SPECIAL
ASSESSMENT DISTRICT TO DEFRAY A PART OF THE
EXPENSE FOR PUBLIC IMPROVEMENTS TO THE ROADS
DESCRIBED HEREIN; PROVIDING FOR THE ESTIMATED
COST OF THE IMPROVEMENTS; PROVIDING FOR THE
PREPARATION OF THE ASSESSMENT ROLL.
(The official copy of Resolution No. 5-98 is on file in
the City Clerk's office.)
David Tolces, Assistant City Attorney, explained that
pursuant to the City's ordinances this resolution of necessity is
required to be passed by the City Commission before staff can
formulate the assessment roll and prepare the necessary advertis-
ing and notices to the property owners. It is expected that the
public hearing to adopt the assessment roll will be scheduled for
February, 1998.
Mr. Randolph moved to approve Resolution No. 5-98,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 5 to 0 vote.
9.B. AGREEMENT WITH NEW JERUSALEM CHURCH OF GOD IN CHRIST/
CONDITIONAL CERTIFICATE OF OCCUPANCY: Consider approval of an
agreement with the New Jerusalem Church of God in Christ to
provide for a conditional certificate of occupancy in conjunction
with a phased approach to the completion of required improvements
without having to post a bond.
Lula Butler, Director of Community Improvement, intro-
duced Minister Herbert Young, Pastor of the New Jerusalem Church
of God in Christ which is located at the corner of Roosevelt
Avenue and Lake Ida Road. Mrs. Butler explained that the Church
is seeking approval of an agreement that would allow the Church
to obtain a conditional certificate of occupancy without first
having to install the landscaping and irrigation pursuant to the
approved site plan, and without having to post a landscape bond
as required by LDR Section 2.4.10{G). In exchange, the Church
agrees to complete all of the improvements no later than Febru-
ary, 1999, through a phased approach. Phase I will consist of
the installation of perimeter irrigation and landscaping (trees,
hedges and sod) on the west and north (Lake Ida Road) sides of
the property by June 8, 1998. Phase II will include installation
of the balance of all irrigation and landscaping by February,
1999, or sooner, and will also include the stabilized parking
area created as a result of increased seating capacity within the
existing facility. The Church has formally sought revised site
plan approval for the additional capacity. The conditional
certificate of occupancy may be revoked if the improvements are
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not installed in accordance with the schedule contained in the
agreement.
Mrs. Butler further commented that the Commission
approved a similar agreement with the Lake Ida Church of Christ
in May, 1993, and although it took longer than expected to
complete all of the improvements due to financial constraints,
the minister and congregation were very cooperative and the work
was completed.
Pastor Young briefly addressed the Commission with
respect to the plan by which the Church feels it will be able to
comply with the time frames for the improvements as set forth in
the proposed agreement.
Mr. Randolph moved to approve the agreement with the
New Jerusalem Church of God in Christ to provide for a condition-
al certificate of occupancy in conjunction with a phased approach
to the completion of required improvements without having to post
a bond, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said
motion passed with a 5 to 0 vote.
Prior to roll call, Mr. Schmidt asked if the existing
paved parking at the church meets code? Mrs. Butler stated that
the existing paved parking meets the requirements of the original
site plan approval. The church subsequently requested a site
plan modification to allow increased seating capacity in the
facility, and bought additional land where the additional re-
quired parking will be provided in stabilized sod.
9.C. RESOLUTION NO. 6-98: Consider approval of a resolution
authorizing the Community Redevelopment Agency to acquire by
gift, purchase or eminent domain certain real property located
within Block 28, Town of Delrayo
The City Manager presented Resolution No. 6-98:
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
COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 6-98 is on file in
the City Clerk's office.)
Mr. Egan moved to approve Resolution No. 6-98, seconded
by Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
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Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote°
9.D. APPEAL OF HISTORIC PRESERVATION BOARD DECISION:
Consider an appeal of the Historic Preservation Board's decision
to deny the Certificate of Appropriateness for the design of a
new single family residence at 327 S.E. 7th Avenue in the Marina
Historic District. QUASI-JUDICIAL PROCEEDING
The City Manager noted that a request was received from
the applicant asking that the hearing be postponed to January 20,
1998.
Mr. Randolph moved to continue the appeal of the
Historic Preservation Board's decision to the regular meeting of
January 20, 1998. The motion was seconded by Mr. Schmidt. Upon
roll call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.E. SPECIAL EVENT APPROVAL/ART & JAZZ ON THE AVENUE:
Consider a request for special event approval for the Art & Jazz
scheduled for January 29, 1998, to include temporary use permits
for rights-of-way and associated street closures, staff support
including consideration of overtime costs, use of City equipment,
and use of pedi-cabs with restrictions.
Robert A. Barcinski, Assistant City Manager, stated the
Commission is being asked to endorse the next Art & Jazz on the
Avenue which is scheduled for January 29, 1998, from 6:00 p.m. to
12:00 midnight, to grant a temporary use permit for the use and
closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 7th
Avenue and the two south lanes from N.E./S.E. 7th Avenue east to
Venetian Drive, to provide staff support for security and traffic
control, banner hanging and removal, barricade set-up and remov-
al, clean-up, use and set-up of City stages, and permission for
the use of pedi-cabs. Staff recommends approval of the event,
including setting an upper limit of $7,500 for overtime costs
with any difference to be paid by the Joint Venture.
Mr. Ellingsworth moved to approve the special event
request for Art & Jazz on the Avenue on January 29, 1998, as
recommended by staff, seconded by Mr. Egan. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan -
Yes. Said motion passed with a 5 to 0 vote.
9.F. SERVICE AUTHORIZATION #2/ROBERT G. CURRIE PARTNERSHIP,
INC.: Consider approval of Service Authorization #2 in the
amount of $32,775.00 to Robert G. Currie Partnership, Inc. for
preparation of construction documents for the Lakeview Golf
Course Clubhouse, with funding from 446-4761-572-62.10.
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The City Manager noted that the Commission previously
approved the conceptual plan for the Lakeview Golf Course club-
house. The current request is for authorization to enter into a
contract with the architect to complete the construction docu-
ments and specifications.
On question from Mayor Alperin, the City Manager
clarified that Phase I of the project ($5,475.00 for research,
programming and schematic design plus Phase I reimbursables) has
already been completed. By subtracting $5,475.00 from the total
fee of $36,500, the balance is $31,025.00. Add to this Phase II
reimbursables not to exceed $1,750.00 and the total amount of the
remainder of the service authorization is $32,775.00.
Mr. Egan moved to approve Service Authorization #2 in
the amount of $32,775.00 with Robert G. Currie Partnership, Inc.
for preparation of construction documents for the Lakeview Golf
Course clubhouse, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
9.G. CONTRACT ADDITION/O'CONNOR & TAYLOR, INC.: Consider
approval of a contract addition to the City Hall Envelope Project
contract with O'Connor & Taylor, Inc. for construction of the
ticket booth and office building on the Tennis Center site, in
the amount of $191,783.00 from 334-4125-572-62.10.
The City Manager stated that staff proceeded on a 'fast
track' basis by change order to get this project underway so that
the facility would be available for use by the Nuveen tournament
in February, 1998. The building cost more than expected, with a
good part of the increased cost due to unfavorable site condi-
tions. In order to fund the increased cost, some other capital
projects are being deferred. They will be picked back up either
next year or at mid-year, and there may also be some savings on
other projects where the monies could be put back into the
deferred projects.
Mr. Egan moved to approve the contract addition with
O'Connor & Taylor, Inc. in the amount of $191,783.00, seconded by
Mr. Schmidt. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with
a 5 to 0 vote.
9.H. CF~NGE ORDER ~2/MOLLOY BROTHERS, INC.: Consider
approval of Change Order #2 in the amount of $31,622.14 to Molloy
Brothers, Inc. for final quantity adjustments and miscellaneous
changes on the S.E. 4th Avenue Roadway Improvements project, with
funding from 440-5179-536-63.62, 448-5411-538-63.62, and
228-3162-541-61.94.
8 1/06/98
Richard Hasko, Acting Director of Environmental Servic-
es, stated this is a final change order to include all of the
plus and minus as-built measured costs for the improvements to
S.E. 4th Avenue as well as adjustments for the Frederick Boule-
vard construction project which was previously approved as a
contract addition.
Mr. Schmidt moved to approve Change Order #2 in the
amount of $31,622.14 to Molloy Brothers, Inc., seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
9.I. CONTRACT ADDITION (C.O. ~3)/MOLLOY BROTHERS, INC.:
Consider approval of a contract addition (C.O. #3) in the amount
of $72,704.69 with Molloy Brothers, Inc. under the S.Eo 4th
Avenue Roadway Improvements contract for emergency manhole and
force main replacement on Lake Ida Road at Sunflower Avenue, with
funding from 442-5178-536-63.51.
While explaining the circumstances surrounding the
emergency repair, Richard Hasko, Acting Director of Environmental
Services, made special mention of Mr. Bob Bullard's creativeness
in mounting a pump on a generator trailer which was basically
used as a portable lift station during the manhole failure.
Mr. Schmidt moved to approve the contract addition
(C.O. #3) with Molloy Brothers, Inc., seconded by Mr. Egan. Upon
roll call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.J. AMENDMENT NO. 4 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT WITH BFI: Consider approval of Amendment No.
4 to the Solid Waste and Recycling Collection Franchise Agreement
with BFI Waste Systems of North America, Inc. (BFI) to allow BFI
to change the bulk trash collection day from the first refuse
collection day of the week to the second refuse collection day of
the week in certain areas of the City.
The City Attorney stated the proposed amendment to the
franchise agreement permits BPI to pick up bulk trash on the
first collection day or the second, as determined in advance by
request from BFI and approved by the City Manager. It applies
only to bulk trash, not vegetative waste. This item is related
to Item 12.F., Ordinance No. 6-98, on tonight's agenda because
the change needs to be made to the City ordinance as well as the
franchise agreement.
At this point, Mr. Scott Christensen, 10 N.E. 13th
Street, President of the Seacrest Homeowners Association, asked
that the Commission hold off on taking any action on this item
until the public has been given the opportunity to speak at the
9 1/06/98
public hearing on the related Ordinance No. 6-98. He stated that
residents of the Seacrest neighborhood have some concerns about
the proposed change and feel they should be allowed to speak
before any amendment is passed.
Mr. Schmidt moved to postpone consideration of Amend-
ment No. 4 to the Solid Waste and Recycling Collection Franchise
Agreement with BFI to January 20, 1998, to be considered in
conjunction with second reading and public hearing for Ordinance
No. 6-98. The motion was seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Egan - Yes. Said motion passed with a 5 to 0 vote.
9.K. SETTLEMENT PROPOSAL/SEAN DERUISE V. CITY OF DELRAY
BEACH ET AL: Consider settlement of the referenced matter as
recommended by the City Attorney.
Mr. Egan moved to approve settlement of the referenced
matter as recommended by the City Attorney. The motion was
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 5 to 0 vote.
9.L. SETTLEMENT PROPOSAL/ALBERTA MORRIS & WILFRED MORRIS V.
CITY OF DELRAY BEACH AND CHARLES McCUTCHEON: Consider settlement
of the referenced matter as recommended by the City Attorney.
The City Attorney stated her office recommends that the
City Commission reject the settlement proposal in the amount of
approximately $25,000.00. However, the Commission may want to
consider a counter offer of settlement in the hope that attor-
ney's fees could be assessed against the Plaintiff if the City
prevails in this case.
Mr. Egan moved to reject the settlement proposal in the
referenced matter as recommended by the City Attorney, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with
a 5 to 0 vote.
Mr. Schmidt moved to authorize a counter offer of
settlement in the amount of $5,000.00, seconded by Mr. Egan.
Upon roll call the Commission voted as follows: Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote.
9.M. INTEREST IN CONSIDERATION FOR MUNICIPAL LEAGUE APPOINT-
MENT TO BUSINESS COUNCIL SUBCOMMITTEE OF SCHOOL-TO-WORK COMMIT-
TEE: Consider a request from the Municipal League for letters of
interest to be considered for appointment as the Municipal League
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representative to the Business Council Subcommittee of the
School-to-Work Committee.
While the Mayor and City Commissioners felt this to be
an area of interest and a worthwhile endeavor, no one wished to
be nominated for consideration due to time constraints.
9.N. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an
alternate member (real estate position) to the Code Enforcement
Board for a three year term ending January 14, 2001. The ap-
pointment will be made by Mayor Alperin.
Mayor Alperin stated that he wished to appoint Anthony
Veltri as an alternate member (real estate person) to the Code
Enforcement Board for a three year term ending January 14, 2001.
Mr. Egan so moved, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
9.0. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMIS-
SION: Appoint a member to the Public Employees Relations Commis-
sion for a four year term ending January 29, 2002. The appoint-
ment will be made by Commissioner Ellingsworth.
Mr. Ellingsworth moved to reappoint Armand Mouw to the
Public ,Employees Relations Commission to serve as a representa-
tive of employers (management) for a four year term ending
January 29, 2002. The motion was seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time not yet being 7:00 p.m., the
Commission moved to Item 11 on the agenda.
11. Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately followinq Public Hearinqs.
11.A. City Manaqer's response to prior public comments and
inquiries.
In response to the comments made about the City's
regulations on banners, the City Manager reported that banners
are prohibited under Section 4.6.7(C) (5) of the Land Development
Regulations except when associated with the grand opening of a
new business as defined under Section 4.6.7(D) (3). The display
of banners for new businesses is limited to four weeks and is
regulated for size and color. Ail banners for facilities located
on City property, public rights-of-way or which are operated by
the City or its agent or have a general benefit to the community
fall within the purview of the City Manager as covered under
Section 4.6.7(B) (6) and are exempt from the provisions of the
sign code and do not require permits. Generally, the corners of
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Old School Square have been approved for banners associated with
community-wide special event activities. The only other times
the City uses banners are with special activities at the tennis
center or at a park facility. Businesses are cited and processed
through the Code Enforcement Board for violations associated with
the illegal use of banners. The City Manager also stated that he
has gotten some complaints about the use of banners on the light
poles downtown but, again, those are not advertising a specific
business but rather a non-profit public event of some sort when
they do advertise specific things. Normally, they are just
promoting the downtown so staff does not see a problem with them.
In response to a prior comment about Frederick Boule-
vard, the City Manager stated that the reason the portion south
of La Mat Avenue was paved is because the developer in that area
was required to contribute some money toward paving the road.
Since the City had the developer's contribution in hand, we went
ahead and put additional funds with it and did the paving south
of La Mat Avenue.
ll.B. From the Public.
ll.B.1. Mrs. Jean Beer, 945 Tropic Boulevard, stated that the
telecommunications bill 3291 has come to P.R.O.D.'s (Progressive
Residents of Delray) attention. P.R.O.D. is very concerned about
this bill and would like to do whatever can be done to support
the Florida League of Cities' position to defeat this bill.
Mayor Alperin suggested that the Commission take formal
action on this matter at a future meeting. It was the consensus
of the City Commission to consider a resolution opposing same at
the January 20, 1998, regular meeting.
12. FIRST READINGS:
12.A. ORDINANCE NO. 1-98: An ordinance restating and amend-
ing Ordinance No. 64-92 and Ordinance 11-96 which comprise the
SAD (Special Activities District) zoning ordinance for the
Waterford Place/Delint Development of Regional Impact (DRI), by
incorporating any existing conditions of the Waterford
Place/Delint DRI into the SAD zoning district and establishing
conditions for further development. If passed, a quasi-judicial
public hearing will be scheduled for January 20, 1998.
The City Manager presented Ordinance No. 1-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RESTATING AND
AMENDING ORDINANCE 64-92, AND ORDINANCE 11-96
WHICH COMPRISE THE SAD (SPECIAL ACTIVITIES
DISTRICT) ZONING ORDINANCE FOR THE WATERFORD
PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT
(DRI); GENERALLY LOCATED ON THE SOUTH SIDE OF
LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND
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LINDELL BOULEVARD; BY INCORPORATING ANY
EXISTING CONDITIONS OF THE WATERFORD
PLACE/DELINT DRI INTO THE SAD ZONING DIS-
TRICT; ESTABLISHING CONDITIONS FOR FURTHER
DEVELOPMENT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 1-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
John Walker, Project Coordinator, stated that the
subject ordinance is one of two business items related to the
abandonment of the Development of Regional Impact (DRI) status of
the Waterford Place project. The second item is a resolution
which will be presented to the City Commission in conjunction
with second reading of Ordinance No. 1-98 on January 20, 1998.
Through the many amendments of this project since its inception
in 1984, it no longer meets the minimum thresholds to require
regional review as a DRI. By abandoning the DRI status and
amending the Special Activities District ordinance to add any
outstanding conditions from the DRI Development Order in addition
to the development conditions already contained in the SAD, the
City will have the authority to regulate all remaining develop-
ment.
Mr. Ellingsworth moved to approve Ordinance No. 1-98 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
Prior to roll call, Mr. Schmidt commented that para-
graph 18 under Section 1. of Ordinance No. 1-98 deals with the
potential installation of a traffic signal at the intersection of
S.W. 10th Avenue and Lindell Boulevard. He expressed some
concern that as the language currently reads, it seems to be
based solely on a traffic analysis prepared by the developer. He
suggested the language be strengthened to clarify that the City
would have the final say on the traffic light installation as
opposed to a traffic study submitted by a traffic consultant
hired by the developer. Mr. Walker stated that he would review
this language prior to second reading of the ordinance.
Mayor Alperin mentioned that he has heard some comments
about the developer wanting to build a smaller hotel on the site
than what was proposed to the Commission. He has gotten quite a
few comments from people about the need for more hotel rooms in
the City especially with all of the events going on, so hopefully
the developer will take this into consideration when planning the
final design.
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12.B. ORDINANCE NO. 2-98: An ordinance amending the Redevel-
opment Plan of the Community Redevelopment Agency. (As amended
to include only the Community Redevelopment Plan as Exhibit "A"
to Ordinance No. 2-98.) If passed, a public hearing will be
scheduled for January 20, 1998.
The City Manager presented Ordinance No. 2-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE
COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF
DELRAY BEACH; FINDING THAT THE MODIFICATIONS
CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF
1969, AS AMENDED; FINDING THAT THE MODIFICA-
TIONS ARE CONSISTENT WITH THE CITY OF DELRAY
BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTES SECTION
163.360(6)(7); PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 2-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Egan moved to approve Ordinance No. 2-98 on FIRST
Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 3-98: An ordinance amending Chapter 96,
"Fire Safety and Emergency Services", Section 96.66, "Emergency
Medical Transportation Fees", of the City Code to adjust the fee
schedule for emergency medical transportation in accordance with
the Inflation Index Charge for 1998. If passed, a public hearing
will be scheduled for January 20, 1998.
The City Manager presented Ordinance No. 3-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 96, "FIRE SAFETY AND EMERGENCY
SERVICES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION
96.66, "EMERGENCY MEDICAL TRANSPORTATION
FEES", SUBSECTION 96.66(A), TO REVISE THE FEE
SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION
IN ACCORDANCE WITH INFLATION INDEX CHARGE FOR
1998; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
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(The official copy of Ordinance No. 3-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 3-98 on
FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 4-98: An ordinance amending Section
4.4.26, "Light Industrial (LI) District", Subsection
4.4.26(H) (3), "Special District Regulations", of the Land Devel-
opment Regulations to reduce the minimum floor area allocated per
tenant or bay from 4,000 sq.ft, to 2,000 sq.ft, in the LI zone
district. If passed, a public hearing will be scheduled for
January 20, 1998.
The City Manager presented Ordinance No. 4-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.26, "LIGHT INDUSTRIAL (LI)
DISTRICT", OF THE LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY BEACH, BY AMEND-
ING SUBSECTION 4.4.26(H), "SPECIAL DISTRICT
REGULATIONS", SUBPARAGRAPH 4.4.26(H) (3), TO
REDUCE THE MINIMUM FLOOR AREA ALLOCATED PER
TENANT OR BAY; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 4-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 4-98 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 4 to 1 vote.
Prior to roll call, Mayor Alperin suggested to the
other members of the Commission that they drive through the
industrially zoned area off of S.W. 10th Street. With 4,000
sq.ft, being the minimum right now, the area is already very
congested and he would be reluctant to cut the minimum floor area
in half since this would only allow more businesses and thus more
congestion. Mr. Randolph concurred with Mayor Alperin's comments
and stated he felt the proposed amendment would only serve to
make a bad problem worse.
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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. 47-97: An ordinance rezoning a portion
of the Yake property from RL (Low Density Residential/3-6 units
per acre) to RM-8 (Medium Density Residential/5-8 units per
acre). The subject property is located approximately 850 feet
east of North Federal Highway, north of Denery Lane, south of
Royal Palm Boulevard, and immediately west of and adjacent to the
Intracoastal Waterway. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time. QUASI-JUDICIAL HEARING
The City Manager presented Ordinance No. 47-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RL (LOW DENSITY
RESIDENTIAL/3-6 UNITS PER ACRE) DISTRICT IN
THE RM-8 (MEDIUM DENSITY RESIDENTIAL/5-8
UNITS PER ACRE) DISTRICT; SAID LAND BEING
COMMONLY KNOWN AS A PORTION OF THE YAKE
PROPERTY LOCATED APPROXIMATELY 850 FEET EAST
OF U.S. HIGHWAY #1, NORTH OF DENERY LANE,
SOUTH OF ROYAL PALM BOULEVARD, AND IMMEDIATE-
LY WEST OF AND ADJACENT TO THE INTRACOASTAL
WATERWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 47-98 Is on file in
the City Clerk's office.)
Mayor Alperin noted that the applicant has requested
another postponement, this time for six weeks or to the February
17, 1998, regular meeting. It is his understanding that the
applicant is getting closer to a density that is more compatible
with the neighborhood.
The City Manager stated staff recommends that Commis-
sion approve the postponement with the requirement that it be
readvertised and renoticed to the property owners within 500
feet, and that the applicant pay the costs associated with the
readvertising.
Mr. Ellingsworth moved to continue the hearing for
Ordinance No. 47-97 to the date certain of February 17, 1998, at
7:00 p.m., subject to the petition being renoticed (including
newspaper advertisement and individual notice to property owners
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within 500 feet of the subject property) and that the applicant
pay all costs associated with readvertising. The motion was
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
Prior to roll call, Mr. Schmidt stated that this is the
third postponement requested by the applicant. If another
postponement is asked for after this, he will not support it.
The applicant should be prepared to proceed on February 17th or
else withdraw the petition. The rest of the Commission concurred
in that another postponement will not be granted.
10.B. SALE OF CITY-OWNED PROPERTY/NEWMAN: Consider approval
of the Contract for Sale and Purchase between the City and
Richard Newman for a 40 ft. x 136 ft. vacant lot (Lot 29, Block
B, Tourist Nook) located on N.W. 8th Avenue between 2nd and 3rd
Streets. Prior to consideration of this item, a public hearing
has been scheduled to be held at this time.
Mayor Alperin declared the public hearing open. There
being no one who wished to address the City Commission, the
public hearing was closed.
Mr. Egan moved to approve the Contract for Sale and
Purchase between the City and Mr. Richard Newman for Lot 29,
Block B, Tourist Nook. The motion was seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
10.C. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM): Consider
approval of the Contract for Sale and Purchase between the City
and an income eligible homebuyer (Carter) for property located at
515 S.W. 5th Avenue, through the HOPE 3 Program. Prior to
consideration of this item, a public hearing has been scheduled
to be held at this time.
Mayor A1perin declared the public hearing open. There
being no one who wished to address the City Commission, the
public hearing was closed.
Mr. Ellingsworth moved to approve the Contract for Sale
and Purchase between the City and Willie and Charlene Carter for
property located at 515 S.W. 5th Avenue, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0
vote.
10.D. ORDINANCE NO. 52-97: An ordinance amending Appendix
"A", "Definitions", of the Land Development Regulations by
establishing a definition for 'Self-Service Storage Facility';
-17- 1/06/98
amending LDR Section 4.3.3 to establish specific requirements for
self-service storage facilities; and amending Section 4.4.19,
"Mixed Industrial and Commercial District", and Section 4.4.26,
"Light Industrial District", to allow self-service facilities as
a conditional use in those zone districts. Prior to considera-
tion of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 52-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
APPENDIX "A", "DEFINITIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY ESTABLISHING A DEFINITION FOR
'SELF-SERVICE STORAGE FACILITY'; AMENDING
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", TO ESTABLISH SPECIFIC RE-
QUIREMENTS FOR SELF-SERVICE STORAGE FACILI-
TIES; AMENDING SUBSECTION 4.4.19(D), "CONDI-
TIONAL USES AND STRUCTURES ALLOWED", BY
ADDING SELF-SERVICE STORAGE FACILITIES AS A
CONDITIONAL USE WITHIN THE MIXED INDUSTRIAL
AND COMMERCIAL ZONE DISTRICT; AMENDING
SUBSECTION 4.4.26(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", BY ADDING SELF-SERVICE
STORAGE FACILITIES AS A CONDITIONAL USE
WITHIN THE LIGHT INDUSTRIAL ZONE DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 52-97 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 compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. There being no one who wished to
address the City Commission', the public hearing was closed.
Mr. Randolph moved to approve Ordinance No. 52-97 on
Second and FINAL Reading, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 53-97: An ordinance amending Chapter
135, "Abatement of Nuisances", of the City Code to empower the
Nuisance Abatement Board with the full range of authority granted
by state law. Prior to consideration of passage of this ordi-
nance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 53-97:
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 135, "ABATEMENT OF NUISANCES",
PROVIDING FOR THE PAYMENT OF REASONABLE COSTS
ASSOCIATED WITH INVESTIGATIONS OF AND HEAR-
INGS ON PUBLIC NUISANCES; PROVIDING FOR
PAYMENT OF REASONABLE ATTORNEY FEES TO THE
CITY ASSOCIATED WITH THE SUCCESSFUL PROSECU-
TION OF A CASE BEFORE THE NUISANCE ABATEMENT
BOARD; PROVIDING FOR CONTINUING JURISDICTION
FOR A PERIOD OF ONE YEAR OVER ANY PLACE OR
PREMISES THAT HAS BEEN OR IS DECLARED TO BE A
PUBLIC NUISANCE; PROVIDING FOR PENALTIES FOR
PUBLIC NUISANCES, INCLUDING FINES NOT TO
EXCEED $250.00 PER DAY; PROVIDING FOR PENAL-
TIES INCLUDING FINES NOT TO EXCEED $500.00
PER DAY FOR RECURRING PUBLIC NUISANCES;
PROVIDING FOR THE RECORDING OF ORDERS ON
PUBLIC NUISANCES SO THAT NOTICE MUST BE GIVEN
TO SUBSEQUENT PURCHASERS, SUCCESSORS IN
INTEREST, OR ASSIGNS OF THE REAL PROPERTY
THAT IS THE SUBJECT OF THE ORDER; PROVIDING
THAT RECORDED ORDERS ON PUBLIC NUISANCES MAY
BECOME LIENS AGAINST THE REAL PROPERTY THAT
IS THE SUBJECT OF THE ORDER; PROVIDING FOR
THE FORECLOSURE OF PROPERTY SUBJECT TO A LIEN
AND THE RECOVERY OF ALL COSTS, INCLUDING
REASONABLE ATTORNEY FEES ASSOCIATED WITH THE
RECORDING OF ORDERS AND FORECLOSURES; PROVID-
ING THAT NO LIEN CREATED PURSUANT TO THE
PROVISIONS OF THIS ORDINANCE MAY BE FORE-
CLOSED ON REAL PROPERTY WHICH IS A HOMESTEAD
UNDER SECTION 4, ARTICLE X OF THE FLORIDA
STATE CONSTITUTION; PROVIDING THAT THE TOTAL
FINES IMPOSED PURSUANT TO THE AUTHORITY OF
THIS ORDINANCE SHALL NOT EXCEED $5,000.00;
PROVIDING THAT NOTHING CONTAINED WITHIN THIS
ORDINANCE PROHIBITS THE CITY OF DELRAY BEACH
FROM PROCEEDING AGAINST A PUBLIC NUISANCE BY
ANY OTHER MEANS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 53-97 is on file in
the City Clerk's office.)
The City Attorney read the caption of Ordinance No.
53-97. 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. There being no one
who wished to address the City Commission, the public hearing was
closed.
-19- 1/os/gs
Mr. Egan moved to approve Ordinance No. 53-97 on Second
and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call
the Commission voted as follows: Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - No. Said motion passed with a 4 to 1 vote.
At this point, the Commission returned to Item 12.E.
under First Readings.
12.E. ORDINANCE NO. 5-98: An ordinance amending the Land
Development Regulations Section 6.1.3(C) "Sidewalk Construction
Requirements" and Section 6.1.4(C) "Driveway Construction Re-
quirements'' If passed, a public hearing will be scheduled for
January 20, 1998.
The City Manager presented Ordinance No. 5-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 6.1.3(C), "SIDEWALK CONSTRUCTION
REQUIREMENTS", AND SECTION 6.1.4(C), "DRIVE-
WAY CONSTRUCTION REQUIREMENTS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR THE USE OF ALTERNATIVE
SURFACE TYPES FOR DRIVEWAYS AND SIDEWALKS
WHEN APPROVED BY THE CITY ENGINEER; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 5-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 5-98 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
12.F. ORDINANCE NO. 6-98: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code by amending Section 51.23,
"Bulk Trash", to provide that bulk trash may be collected on
either the first or second refuse collection day. If passed, a
public hearing will be scheduled for January 20, 1998.
The City Manager presented Ordinance No. 6-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.23, "BULK TRASH", TO
PROVIDE BULK TRASH MAY BE COLLECTED ON EITHER
-20- 1/06/98
THE FIRST OR SECOND REFUSE COLLECTION DAY;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 6-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 6-98 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
12.~. ORDINANCE NO. 7-98: An ordinance amending Chapter 50,
"Utilities Generally; Public Service Tax", of the City Code to
comply with changes made in the state law regarding the record
keeping requirements and procedures for taxation of telecommuni-
cation services. If passed, a public hearing will be scheduled
for January 20, 1998.
The City Manager presented Ordinance No. 7-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 50, "UTILITIES GENERALLY; PUBLIC
SERVICE TAX", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
50.15, "LEVY OF TAX", AND SECTION 50.18,
"RECORDS REQUIRED; RIGHT TO INSPECT", TO
COMPLY WITH CHANGES MADE IN THE STATE LAW
REGARDING TAXATION OF TELECOMMUNICATION
SERVICES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 7-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Egan moved to approve Ordinance No. 7-98 on FIRST
Reading, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said
motion passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
Referring to Commissioner Randolph's previous inquiry
about the transfer of occupational licenses, the City Manager
-21- 1/06/98
stated that he had said he thought the transfer fee was $5.00.
The fee is actually $12.50 to change addresses for a business.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.1. Commissioner Ellinqsworth had no comments or inquiries.
13.C.2. Commissioner Randolph had no comments or inquiries.
13.C.3. Commissioner Egan complimented everyone involved with
the City Hall envelope project. He has received numerous compli-
ments and is very pleased with the way it has turned out.
Mr. Egan inquired if anything is in the works with Palm
Acts for a Spring concert series at the tennis stadium?
13.C.4. Commissioner Schmldt stated that he had gotten quite a
few comments from residents in the Seacrest area about the
garbage pickup situation which occurred this year because of the
holidays. With the three holidays (Thanksgiving, Christmas Day
and New Year's Day) all falling on a Thursday this year, there
was no vegetative waste or garbage pickup on the regular Thursday
collection day. With these being such heavy garbage days, the
trash was piling up and looked pretty bad. Mr. Schmidt suggested
that the next time the City negotiates or renegotiates the
garbage contract that it be taken into consideration some pickup
sooner than a week later.
13.C.5. Mayor Alperin had no comments or inquiries.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:20 p.m.
'' J~it~- c~erk ;
ATTEST: .~ ~~
M OR
The ndersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of January 6, 1998, which
minutes were formally approved and adopted by the City Commission
on OO/rto~z~ Jo 199g
- /~ity- ~erk ¥
-22- 1/06/98
NOTE TO READER: If the minutes you have received are not com-
pleted 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.
-23- 1/06/98