Loading...
02-17-98 FEBRUARY 17, 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, February 17, 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 Reverend Dan Casselberry, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 14., Closed Attorney/Client Session, to the agenda by addendum. Mr. Schmidt asked that Item 8.A., Initiation of LDR Amendment Restricting Second Hand Sales on N.E. 2nd Avenue (Pineapple Grove Way), be moved to the regular agenda as Item 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. Schmidt moved to approve the Minutes of the Regular Meeting of February 3, 1998, 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. Recognizing and commendinq Dr. Thomas M. Shoaf for over 50 years of professional and community service in the City of Delray Beach Mayor Alperin noted the proclamation in recognition of Dr. Thomas M. Shoaf for his years of professional and community service. The Mayor stated that the proclamation will be formally presented to Dr. Shoaf at the upcoming Chamber Breakfast on Thursday, February 19, 1998. 6.B. Recognizinq and commending the Delray Rocks Football Proqram Inasmuch as members of the Delray Rocks Football Program were not in attendance, presentation of the proclamation was deferred until the next regular meeting on March 3, 1998. 7. Presentations: 7.A. Delray Art Leaque's Winter Interlude Awards Presenta- tion. Mayor Alperin presented the following awards: Honorable Mention "Orchids" "Riverboat" Julio Echegaray Ruth Langjahr "Card Players" "Hats, Hats, Hats" Marcia Atherton Beatrice Rosenfeld "Cousins" Phyllis Eckert 3rd Place "Rushing Waters" Sylvia Resnick 2nd Place "The Wizard's Room" Dodi Sikevitz 1st Place "Harvest in Haiti" Lee Jung 2 02/17/98 7.B. Delray Beach Sister Cities Student Exchange Program 1998 - Commissioner David Schmidt. Commissioner Schmidt, in his capacity as Chairman of the Sister Cities Committee, stated that Delray Beach's sister city is Miyazu, Japan, the birthplace of George Morikami. Last year, Delray Beach and Miyazu celebrated their 20th anniversary as sister cities. A long time goal has been to develop a student exchange program and he was pleased to announce that this year the first student exchange will take place. Mr. Schmidt then introduced the following students and teacher from Atlantic High School who will be traveling to Miyazu later this year: * Kristen Gregorson (llth Grade) * Brooke Rosensweig (llth Grade) * Kristen Faith (12th Grade) * Eddie Yates {12th Grade) * Isham Cadron (12th Grade) * Chris Miller (AHS Teacher/Chaperone The Sister Cities Committee is funding the program. This exem- plary group of young people will be representing Delray Beach in Miyazu for approximately two weeks at the end of June, 1998. 7.C. Kathy Daley - 1998 Legislative Agenda Ms. Daley reviewed the legislative issues outlined in her report which are of interest to local governments in general as well as of special interest to the City of Delray Beach. A copy of Ms. Daley's report is attached hereto and made a part of these minutes. In addition, she reported that sovereign immunity is being challenged again this year and will become a very big issue. She felt it would be helpful if the Commission took a formal position, by resolution, on issues such as sovereign immunity and eminent domain as well as any others that may be appropriate. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. MOVED TO THE REGULAR AGENDA AS ITEM 9.AA. 8.B. FINAL PLAT APPROVAL/SEACREST HOTEL PROPERTY - PLAT NO. 2: Approve the final boundary plat for the Seacrest Hotel Property - Plat No. 2. The subject property is located at the northwest corner of Atlantic Avenue and State Road A1A. 8.C. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL/AFTER SCHOOL PROGRAM: Authorize staff to submit a grant application to the Children's Services Council for funding in support of the City's After School Program. 8.D. ACCEPTANCE OF EASEMENT DEED AND RIGHT OF ENTRY AND LICENSE AGREEMENT FOR DRAINAGE CONSTRUCTION/ RHODES VILLA AVENUE (VULTAGGIO): Accept an easement deed for a ten foot drainage -3- 02/17/98 easement from William and Virginia Vultaggio, and approve a Right of Entry and License Agreement for the Vultaggio property at 1019 Rhodes Villa Avenue to facilitate the completion of the Rhodes Villa Avenue and White Drive drainage improvements project. 8.E. ACCEPTANCE OF EASEMENT DEEDS AND RIGHT OF ENTRY AND LICENSE AGREEMENTS FOR PAVEMENT AND DRAINAGE CONSTRUCTION/BERMUDA GARDENS ROAD: Accept easement deeds for ten foot utility ease- ments from five (5) property owners, and approve five (5) Right of Entry and License Agreements with property owners on Bermuda Gardens Road to facilitate completion of the Bermuda Gardens Road pavement and drainage improvements project. 8.F. SERVICE AUTHORIZATION #32/HELLER, WEAVER AND CATO, INC.: Approve Service Authorization #32 in the amount of $12,740.00 to Heller, Weaver and Cato, Inc. for a topographical mapping survey locating all above and below ground improvements within the N.W. 3rd Street corridor, between N.W. 3rd Avenue and N.W. 10th Avenue; with funding from 448-5411-538-63.69. 8.G. CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT TO STONE AGE PAVERS FOR OLD SCHOOL SOUARE BRICK REPLACEMENT PROJECT: Approve closeout Change Order %2 in the deduct amount of $12,740.95, and final payment in the amount of $5,233.97 to Stone Age Pavers, Inc. for the Old School Square brick paver repair and replacement project; with funding from 334-6111-519-62.10. 8.H. POLICE DEPARTMENT EMERGENCY A/C EQUIPMENT REPLACEMENT: Accept proposal in the amount of $43,955.00 and award contract to Stokes Mechanical Contractor, Inc. for the emergency replacement of a deteriorated roof-top air conditioning unit at the Police Department, with funding from 334-6111-519-63.21. 8.I. RESOLUTION NO. 12-98: Adopt a resolution assessing costs for the demolition of an unsafe structure located at 119 N.W. 3rd Avenue. The caption of Resolution No. 12-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT 4 02/17/98 PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 12-98 is on file in the City Clerk's office.) 8.J. RESOLUTION NO. 13-98: Adopt a resolution assessing costs for the emergency board up of an unsafe structure located at 18-24 N.W. 6th Avenue. The caption of Resolution No. 13-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 13-98 is on file in the City Clerk's office.) 8.K. RESOLUTION NO. 14-98: Adopt a resolution assessing costs for abatement action required to remove nuisances on 26 properties throughout the City. The caption of Resolution No. 14-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COSTS OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. -5- 02/17/98 (The official copy of Resolution No. 14-98 is on file in the City Clerk's office.) 8.L. REALLOCATION OF FY 1996 ANTI-DRUG ABUSE ACT GRANT FUNDS: Approve the reallocation of FY 1996 Anti-Drug Abuse Act Grant funds in the amount of $165,194.00 as recommended by the Criminal Justice Commission, and authorize letter agreeing to the distribution of these funds. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board for the period February 2, 1998 through February 13, 1998. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $21,527.00 to Marine Engineering Contractors, Inc. for the filter deck tile replacement at the Water Treatment Plant, with funding from 441-5143-536-46.10. 2. Contract award in the amount of $178,855.00 with Metron-Farnier, via City of West Palm Beach con- tract, for the replacement of 60 large water meters, including all labor and materials, to complete the Large Meter Replacement Program; with funding from 442-5178-536-61.81. 3. Grant awards through the State Housing Initiatives Partnership {SHIP) program for housing rehabilita- tion of two owner-occupied units as follows: $17,988.96 to Dakota Construction, Inc. for 820 S.W. 4th Avenue, and $22,291.50 to A.F. Dozer, Inc. for 502 S.W. 7th Avenue; with funding from 118-1924-554-49.19. Mr. Egan moved to approve the Consent Agenda as amend- ed, seconded by Mr. Schmidt. 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.AA. INITIATION OF LDR AMENDMENT RESTRICTING SECOND HAND SALES ON N.E. 2ND AVENUE (PINEAPPLE GROVE WAY): Initiate an amendment to Section 4.4.13(H) (1) of the Land Development Regula- tions to limit second hand sales on N.E. 2nd Avenue (Pineapple Grove Way) to items that are verifiable antiques. Mr. Schmidt stated that he moved this item from the consent agenda solely because he was advised by someone who is interested in investing in this area that the contemplated 6 02/17/98 amendment will affect them. Personally, he does not have any problem with the proposed amendment. Mr. Egan stated that he, too, had been contacted about this item. He felt there has probably been a lack of communica- tion among the various groups and suggested that the affected parties (Planning and Zoning Board, Pineapple Grove Main Street, the CRA, and private investors) get together to open up a better dialogue. Diane Dominguez, Director of Planning and Zoning, clarified that at this point the Commission is only being asked to initiate an amendment which would then go through the process, including consideration at a public hearing by the Planning and Zoning Board, before coming back to the City Commission for additional public hearings. Mr. Egan stated he is not sure at this point if he would agree with the amendment or not. If he were to agree with allowing the use, he would want to see it as a conditional use whereby the Commission would have the ability to place some constraints or controls on it. He understands what the Pineapple Grove people are trying to do with their plan and supports them; however, this is a gray area where an existing business may move to another location. It is not a new business. He asked that the Planning and Zoning Board take this into consideration as well as the possibility of regulating through the conditional use process. Mayor Alperin clarified that the issue right now is whether or not the Commission wants to initiate an amendment to the Land Development Regulations to restrict second hand sales on N.E. 2nd Avenue (Pineapple Grove Way), regardless of any specific application that might be pending. Mr. Schmidt moved to initiate an amendment to Section 4.4.13(H) (1) of the Land Development Regulations to limit second hand sales on N.E. 2nd Avenue (Pineapple Grove Way). The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 9.A. ACCESS EASEMENT AGREEMENT WITH OCEAN PROPERTIES: Consider approval of an access easement agreement with Ocean Properties regarding the City parking lot on the north side of the new Delray Beach Marriott. Mr. Tom McMurrain, representing Ocean Properties, reviewed with the Commission the improvements done by the hotel to the City parking lot on the north side of the new Marriott in conjunction with the hotel parking. He noted that Ocean Proper- ties has also agreed to maintain the City parking lot, including surfacing, day to day cleaning, debris removal and landscaping. -7- 02/17/98 Ocean Properties installed the wall between the City parking lot and the Manor House to the north, including landscaping the north side of the wall for the Manor House. In addition, they put in the major connecting sidewalk that runs from the fire station to A1A. Mr. McMurrain stated that Ocean Properties feels it has done its fair share of improvements and that the sum of $50,000 is fair compensation for the access easement. Mr. Ellingsworth stated that he felt the request to reduce the payment from $75,000 to $50,000 for the access ease- ment was proper and indicated he would support it. Mr. Egan stated that he felt the new Marriott will bring much more to the City than the $25,000 reduction being asked for by Ocean Proper- ties. Mr. Randolph concurred, noting that Ocean Properties has been a good neighbor as well as a good business partner with respect to the interests of the City. Mr. Schmidt disagreed with the payment reduction, noting that the City's granting of the access easement allowed Ocean Properties to do some things on their site that otherwise would not have been possible and he felt there needs to be a quid pro quo for that. Mr. Egan moved to approve the Access Easement Agreement between the City and Ocean Properties, with the monetary payment from Ocean Properties to the City to be in the amount of $50,000.00. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - No; Mr. Schmidt - No; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion PASSED with a vote of 3 to 2. 9.B. REQUEST FOR EXTENSION/THE CROSSROADS CLUB: Consider approval of a request to extend the time frame for compliance with conditions of approval associated with The Crossroads Club. The subject property is located at the southwest corner of N.E. 2nd Street and N.E. 4th Avenue within the Central Business District. Mr. Egan commented that he has met with representatives from The Crossroads Club on several occasions and is confident they are doing everything they can to address the parking situa- tion. He supported the suggested nine month extension. Mr. Ellingsworth concurred in supporting the extension. He felt an effort is being made to solve the problem. At the same time the facility is curing another problem that could be extremely expensive to the City. Mayor Alperin stated there is no question the Cross- roads Club provides a very valuable service. His concern is with being placed in a situation such as this where there is no recourse, and cautioned against the City becoming involved with this type of project in the future. -8- 02/17/98 Mr. Randolph stated that he hopes the Crossroads Club will find an expedient solution to the parking problem, but does not see granting the extension as the City doing something special. Rather, he sees it as filling a need within the City which he would not want to see threatened over this issue. Mr. Randolph moved to approve the request from The Crossroads Club to extend the time frame for compliance with the following conditions of approval for nine (9) months, or to October 22, 1998: (1) The maximum occupancy between 7:00 a.m. and 5:00 p.m., Monday - Friday, be limited to that which can be accommodated by the 18 on-site parking spaces, or 72 people; (2) That either formal off-site parking and lease agreements must be finalized; an alternative parking plan must be provided which includes letters from adjacent property owners consenting to permit Crossroads Club to utilize their properties for park- ing; or the meeting schedules and capacity must be revised and reduced to not exceed the number of on-site parking spaces; and (3) That if the Crossroads Club is not in compliance with the conditions of approval by October 22, 1998, that the matter be presented to the City Commission. The motion was 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. 9.C. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval to conduct a 5K Run as part of the Delray Affair on Saturday, April 18th, from 7:30 a.m. to approximately 10:00 a.m., including a temporary use permit for the use of A1A from Anchor Park to George Bush Boulevard, use of Anchor Park as a staging area, signage waiver, staff support, and 50/50 split of overtime costs. Robert A. Barcinski, Assistant City Manager, stated that staff recommends approval of the request with the overtime costs to be paid for by the Chamber of Commerce. Mr. Ellingsworth moved to approve the special event request for the Delray Affair 5K Run as recommended by staff, seconded by Mr. Randolph. 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.D. SPECIAL EVENT REQUEST/DELRAY BEACH STREET CRAFT FESTI- VAL: Consider a request from American Craft Endeavors (a divi- sion of Howard Alan Events) for special event approval to hold the Delray Beach Street Craft Festival on Saturday, February 28th 9 02/17/98 and Sunday, March 1, 1998, from 10:00 a.m. to 5:00 p.m., includ- ing a temporary use permit for the use of N.E. and S.E. 4th Avenue one block north and south of Atlantic, and staff support. Robert A. Barcinski, Assistant City Manager, stated that staff recommends approval of the event, temporary use permit and providing staff support with the event sponsor paying all overtime costs. Mr. Egan moved to approve the special event request for the Delray Beach Street Craft Festival as recommended by staff. The motion was seconded by Mr. Schmidt. 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.E. CITY COMMISSION LIAISON TO PARKING MANAGEMENT ADVISORY BOARD: Appoint a member of the City Commission to serve as the Commission liaison to the Parking Management Advisory Board. Mr. Ellingsworth moved to appoint Commissioner Egan as the Commission liaison to the Parking Management Advisory Board, 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.F. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority for a four year term ending March 6, 2002. Recommendation by Commissioner Randolph, with appointment by Mayor Alperin. Mr. Randolph stated that he wished to recommend the reappointment of Richard Eckerle to the Delray Beach Housing Authority. Mayor Alperin accepted Mr. Randolph's recommendation and asked that a motion be made on his behalf. Mr. Randolph moved to reappoint Richard Eckerle to the Delray Beach Housing Authority for a four year term ending March 6, 2002. The motion was 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 - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending January 14, 1999. The appointment will be made by Commissioner Schmidt. Mr. Schmidt moved to appoint William Paul Morris as an alternate member (layperson) on the Code Enforcement Board to fill an unexpired term ending January 14, 1999. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt Yes; Mr. Egan Yes; Mr. Elling- -10- 02/17/98 sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.H. CITY ~IALL HVAC SERVICE AND MAINTENANCE CONTRACT/E.C. STOKES MECF~.NICAL CONTRACTOR, INC.: Consider approval of a one year service and maintenance contract with E.C. Stokes Mechanical Contractor, Inc., lowest responsive bidder, for the new City Hall HVAC, Chiller and Tracer Unit, in the amount of $13,200 with a renewable option for up to two additional years; with funding from 334-6111-519-46.90. After discussion, Mr. Egan moved to approve the con- tract award to E.C. Stokes Mechanical Contractor, Inc., as the lowest responsive bidder, for a service and maintenance contract on the City Hall HVAC (heating/ventilation/air conditioning) equipment, seconded by Mr. Schmidt. 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. 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 (REZONING FOR A PORTION OF THE YAKE PROPERTY): PETITION WITHDRAWN BY APPLICANT. The action request- ed is formal acceptance of the withdrawal. The City Attorney stated that this item appears on the agenda for record keeping purposes so that the minutes will reflect the application was withdrawn and the Commission accepted the withdrawal. Mr. Randolph moved to accept the applicant's withdrawal of Ordinance No. 47-97, 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. 10.B. AGREEMENT FOR ROADWAY IMPROVEMENTS - WOODS OF SOUTHRIDGE SUBDIVISION: Consider approval of an Agreement for Roadway Improvements in the Woods of Southridge Subdivision wherein the City and the Woods of Southridge Homeowner's Associa- tion agree to their respective obligations. 10.B.1. RESOLUTION NO. 15-98 (WOODS OF SOUTHRIDGE SPECIAL ASSESSMENT DISTRICT): A resolution providing for the certifica- tion and adoption of the assessment roll for the Woods of Southridge Special Assessment District. The City Manager presented Resolution No. 15-98: -11- 02/17/98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE ASSESS- MENT ROLL FOR THE WOODS OF SOUTHRIDGE SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPER- TIES WITHIN THE SOUTHRIDGE PLAT LOCATED GENERALLY ON SOUTHRIDGE ROAD, S.W. 8TH AVENUE, SUNDY AVENUE, ELLA STREET, BESSIE STREET, DOUGLASS AVENUE, ZEDER AVENUE, AND BENJAMIN AVENUE, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE METHOD OF PAYMENT OF ASSESSMENTS; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 15-98 is on file in the City Clerk's office.) David Tolces, Assistant City Attorney, stated that notices were mailed to all of the affected property owners informing them of tonight's public hearing and providing them with information regarding the amount of their assessments and amortization schedules. If the City Commission approves the special assessment district tonight, then the Mayor can sign the contract for the roadway improvements which was previously approved, and the construction can begin. Following completion of the project, a final tally of the costs will be brought back to the Commission along with a final assessment roll, although the assessments cannot be increased at that time. Following construction of the roads, it will be the City's responsibility to maintain them and keep them under repair. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Robert Vanderkaay, owner of a group of apartments at 905 Southridqe Road, stated he does not understand why there needs to be a special assessment against the property owners for the City to maintain the streets in the subdivision. Further, he was surprised to learn that it was already at the point where he was being told how much he had to pay and for how long, as if it were a foregone conclusion. He stated he bought the property about three months ago and this is the first he has heard about the project or the fact that he will have to pay a $5,592.00 assessment for something he knows nothing about. In response, the City Manager explained that the streets in the Woods of Southridge area were constructed when this area was under Palm Beach County jurisdiction. The streets were constructed in a substandard manner and were never accepted by the County for maintenance. When the area was annexed into the City, the City likewise refused to accept the streets for maintenance because they were not properly constructed to begin with. Staff has been working with the homeowners association for over a year now to try to work out some arrangement so that the homeowners association would not be faced with having to rebuild -12- 02/17/98 these streets all by themselves. The City is paying one-third of the cost and the abutting property owners are paying two-thirds of the cost. When the project is finished, the City becomes responsible for maintenance of the streets. The split of one- third to two-thirds was negotiated between the homeowners associ- ation and City staff, although it is fairly typical for assess- ment projects around the country. Rich McGloin, property owner in the Woods of Southridqe subdivision, stated he supports both the roadway improvements and the special assessment district. Craig Kruempel, President of the Woods of Southridge Homeowners Association, stated that the previous owner of the property now owned by Mr. Vanderkaay was aware of the project and was kept informed of its progress. There being no one else who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth moved to approve Resolution No. 15-98, 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. Mr. Randolph moved to approve the Agreement for Roadway Improvements in the Woods of Southridge Subdivision, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 9-98 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.13(B) to allow 'residential type inns' as a permitted use in the Central Busi- ness District (CBD), amending Section 4.4.24(D) to all 'residen- tial inns' as a conditional use in the Old School Square Historic Arts District (OSSHAD), amending Section 4.3.3(X) pertaining to "Special Requirements for Specific Uses" for residential inns, and amending Appendix "A", "Definitions" Prior to consideration of passage of this ordinance, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 9-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING 'RESIDENTIAL-TYPE INNS' AS A PERMITTED USE IN THE CBD; AMENDING SECTION -13- 02/17/98 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ADDING 'RESIDENTIAL-TYPE INNS' AS A CONDI- TIONAL USE IN THE OSSHAD; AMENDING SECTION 4.4.24(G) TO PROVIDE SUPPLEMENTAL DISTRICT REGULATIONS FOR 'RESIDENTIAL-TYPE INNS' IN THE OSSHAD; AMENDING SECTION 4.4.24(H) TO PROVIDE SPECIAL DISTRICT REGULATIONS FOR 'RESIDENTIAL-TYPE INNS' IN THE OSSHAD; AMENDING SECTION 4.3.3(X) TO MODIFY THE SPECIAL REQUIREMENTS PERTAINING TO 'RESIDEN- TIAL-TYPE INNS'; AMENDING APPENDIX "A", "DEFINITIONS", TO REVISE THE DEFINITION FOR 'RESIDENTIAL-TYPE INNS'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-98 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. Mayor Alperin declared the public hearing open. Speaking from the audience was the following: Rodney Romano, attorney representinq the applicant, expressed his appreciation and compliments to City staff for their support and professionalism in working on this project. There being no one else who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth moved to approve Ordinance No. 9-98 on Second and FINAL Reading, 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. 10.D. ORDINANCE NO. 10-98: An ordinance rezoning a portion of the Seacrest Boulevard Continuing Presbyterian Church site from R-I/LA (Single Family Residential) and RM (Medium Density Residential) to CF (Community Facilities) District. The subject property is located at the southeast corner of Seacrest Boulevard and Gulfstream Boulevard. 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. 10-98: -14- 02/17/98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT AND RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE SEACREST BOULEVARD CONTINUING PRESBYTERIAN CHURCH SITE LOCATED AT THE SOUTHEAST CORNER OF SEACREST BOULEVARD AND GULFSTREAM BOULE- VARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-98 is on file in the City Clerk's office.) The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. There being no one who wished to give testimo- ny on this item, the hearing was closed. Mr. Randolph moved to approve Ordinance No. 10-98 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to the question raised at the last meeting about the number of signatures required to qualify to run for City Commission, the City Manager stated Section 34.16(B) (1) of the City Code requires a prospective candidate for City Commis- sion to obtain "not less in number than one percent of the registered voters of the City as determined on January 1st of the year of the election". For the March 1998 election, the required number of signatures was 329. The City Clerk recommended obtain- ing between 350 to 400 to ensure enough valid signatures. Staff is not sure at this point exactly when and why this requirement was adopted, but since it is a part of the code and not the Charter, it appears it could be amended by ordinance if the Commission wished to do so. It is true that our petition re- quirements are somewhat stringent. For example, Boynton Beach requires only 25 valid signatures while Boca Raton does not require any signatures. However, Boca Raton requires the payment of an election assessment. Nonetheless, with the adoption of the -15- 02/17/98 Charter amendment in 1992 to elect by plurality as opposed to majority, to make the qualifying process too easy might not be in the best interests of the City. If the Commission would like to discuss the matter further, staff will do some more research and schedule it for a future workshop. It was the consensus of the City Commission to leave the requirement as it stands. ll.B. From the Public. ll.B.1. Jean Beer, 945 Tropic Boulevard, speakinq on behalf of P.R.O.D., stated she would like to see the City develop a compre- hensive map of the City streets in terms of traffic problems, areas where we need traffic calming, and areas where there are high accident rates. She felt this should be done in regard to future development. She reiterated her concern about projects in the RM zoning district which only require review by the Site Plan Review and Appearance Board. We know that Linton Boulevard and Atlantic Avenue are pretty much built out and there is not much that can be done about it. But what we put on Linton and Atlan- tic from now on will make a difference. Mrs. Beer stated that if the City is going to maintain a quality of life that the people in the City can live with, the overall traffic patterns and movements need to be looked at to see if anything can be done about them. That is why the Medium Density Residential should go back to the Planning and Zoning Board and not only be considered by the Site Plan Review and Appearance Board. SPRAB does not consider all of the same things that the Planning and Zoning Board looks at. ll.B.2. Gerald DeFoe, resident of Country Manors, congratulated the Mayor, Commissioners and staff on the successful outcome and appearance of the City Hall envelope project. He also congratu- lated Mayor Alperin and Commissioners Egan and Randolph on their unopposed re-election to the City Commission. He then commended the City Manager for the outstanding job he has done, noting that he was not publicly recognized at the Town Hall Meeting. Mr. DeFoe then read a summary of a bill proposed by Representative Andrews which would require each School District Board to meet annually with the Board of County Commissioners and with municipal governing boards to plan for educational facili- ties; provides for notice and requires a report for each meeting to the Department of Community Affairs; provides for arbitration if the participants cannot agree; imposes a fine of $100.00 a day on individual board members if meetings are not held or reports are not made. Mr. DeFoe stated that the members of P.R.O.D. are supporting Representative Andrews on this bill as it is of utmost importance to everyone concerned. 12. FIRST READINGS: -16- 02/17/98 12.A. ORDINANCE NO. 12-98: An ordinance designating the Price House located at 1109 Sea Spray Avenue as a local historic site and adding it to the Local Register of Historic Places. If passed, a public hearing will be scheduled for March 3, 1998. The City Manager presented Ordinance No. 12-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PRICE HOUSE LOCATED AT 1109 SEA SPRAY AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 12-98 on First Reading, 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. 12.B. ORDINANCE NO. 11-98: An ordinance amending Chapter 113, "Alcoholic Beverages", Section 113.02, "Prohibition of Consumption of Alcoholic Beverages in Public Places", of the City Code to provide that it is a violation of the ordinance to possess an open container of an alcoholic beverage in certain public places, and to clarify the ability of patrons to consume alcohol at the Lakeview Golf Course and during special events at Old School Square and the Tennis Center. If passed, a public hearing will be scheduled for March 3, 1998. The City Manager presented Ordinance No. 11-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES , SECTION 113.02, "PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES", OF THE CITY CODE TO PROVIDE THAT IT IS A VIOLATION OF THIS ORDINANCE TO POSSESS AN OPEN CONTAIN- ER OF AN ALCOHOLIC BEVERAGE IN CERTAIN PUBLIC PLACES; TO CLARIFY THE ABILITY OF PATRONS TO CONSUME ALCOHOL AT THE LAKEVIEW GOLF COURSE AND DURING SPECIAL EVENTS AT OLD SCHOOL SQUARE AND THE TENNIS CENTER; PROVIDING A -17- 02/17/98 SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Randolph stated that he understood the intent of the proposed ordinance, but was concerned that it would not be applied evenly and fairly across the board in all parts of the City. Mr. Egan moved to approve Ordinance No. 11-98 on First Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 12.C. ORDINANCE NO. 13-98: An ordinance amending Section 2.4.6(H), "Temporary Use Permits", of the Land Development Regulations to allow permits to be issued for the use of tempo- rary parking lots within portions of the Central Business Dis- trict (CBD) and portions of other non-residential zoning dis- tricts located between Swinton Avenue and 1-95. Due to a problem with the caption of the ordinance, it was recommended that consideration of Ordinance No. 13-98 on first reading be postponed. Mr. Schmidt moved to postpone first reading for Ordi- nance No. 13-98 to the March 3, 1998 regular meeting, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. The City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Mr. Ellinqsworth had no comments or inquiries. 13.C.2. Mr. Randolph had no comments or inquiries. -18- 02/17/98 13.C.3. Mr. Schmidt asked a procedural question on how to go about reconsidering a vote taken by the Commission earlier in the meeting. 13.C.4. Mr. Egan asked that the City Manager get word to the Youth Council that skateboarders have been gathering at Waterway East and are using the brand new paver brick sidewalks. 13.C.5. Mayor Alperin had no comments or inquiries. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Tate v. City of Delray Beach and Lake Worth Drainage District. Attendees: Mayor Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Kevin Egan Commissioner David Schmidt City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney David Tolces Bill Doney, Esquire A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. The City Attorney stated the following: "The City has scheduled a closed attorney/client session pursuant to Florida Statutes Section 286.011(8) regarding Tate v. the City of Delray Beach and the Lake Worth Drainage District. The closed door session is for the purpose of discussing settlement negotiations and strategy related to litigation expenditures in the referenced case. The attendees will be Mayor Jay Alperin, Commissioners Kevin Egan, Ken Ellingsworth, David Randolph and David Schmidt, City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney David Tolces, and a certified court reporter." At this point, the time being 7:35 p.m., the Commission adjourned for the closed attorney/client session pursuant to F.S. 286.011(8) . At the end of the closed attorney/client session, the time being 7:55 p.m., the City Commission reconvened. Prior to adjournment, Commissioner Schmidt stated that he wished to reconsider Item 8.M., Review of Appealable Land Development Board Actions, inasmuch as he wished to appeal the action taken by the Site Plan Review and Appearance Board with respect to the site plan modification for a private elementary school at St. Mary's The Virgin Anglican Church. -19- 02/17/98 Mr. Schmidt moved to reconsider Item 8.M., Review of Appealable Land Development Board Actions; specifically, SPRAB item C. pertaining to the establishment of a private elementary school at St. Mary's The Virgin Anglican Church located at the southeast corner of West Atlantic Avenue and Homewood Boulevard. The motion was 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 appeal SPRAB Item C. pertaining to the establishment of a private elementary school at St. Mary's The Virgin Anglican Church to the regular meeting of March 3, 1998. The motion was 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. There being no further business, Mayor Alperin declared the meeting adjourned at 7:58 p.m. ~ity -Cl~r~ ATTEST:~~ Mnd~e r s<gMn e The u d 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 held on February 17, 1998, which minutes were formally approved and adopted by the City Commission on ~m~rZ ~ /~ -- ~City ~l~k NOTE TO RE~ER: 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. -20- 02/17/98 Kathleen E. Daley & Associates, Inc. GOV£RN MENTAL AFFAIRS Delra¥ Beach Legislative Issues I. Local BAlls House Bill (No Bill Number) by Rep. Suzanne Jacobs Downtown Development.AuthoritY Expanding the boundaries of the Downtown Development Authority (DDA) II. Beach R~nourishment Beach Funding The Department of Environmental Protection has requested $67,039 for the city for the planning of the beach renourishment project, which is being scheduled to begin in the fall of 1999. Dedicated Funding Source for Beach Management House Bill 3427 by Rep. Dennis Jones Senate Bill 856 by Sen. Don Sullivan This bill provides for funding of the State's Beach Management Plan through the Ecosystem Management and Restoration Trust Fund. The actual funding is from existing documentary stamp tax revenue. Federal Funding- Update III. Convention Center Senator Rossin and Representative Merchant have filed a bill to expand the use of the 4th penny of the tourist tax for the operation and maintenance of a convention center. Last year the county's 5th cent expansion died on the House floor. This one has been worked out by all parties. IV. Drug Abuse Treatment We are requesting that additional dollars be allocated to the south county (not at the expense of other parts of the county), for substance abuse patients - specifically for women, women with dependant children, adolescents, and adult detox services. One Capitol Place · 108 East Jefferson Street, Suite C · Tallahassee, FL 32301 (904) 222-0000 · Fax: (904) 222-0095 V. Jury, Pools in South County House Bill 3419 by Rep. Rick Minton Senate Bill 552 by Sen. Ron Klein Provides that in any county that wholly contains one judicial circuit and that has one or more locations in addition to the county seat at which the county or circuit court sits and holds trials, the board of county commissioners is authorized to create a jury district for each courthouse location, from which jury lists shall be selected in the manner provided by law. VI. Governor's Study Commission on Building Codes The Governor's Building Code Study Commission was crested to address concerns which were raised regarding everything from the confusion of the code to the product evaluation. The commission issued a report to the legislature with their recommendations on how to fix what is perceived to be an unworkable code. Their recommendations included adopting one statewide code without any local amendments and a new nine member super board which would actually select a new code. The recommendation also included the creation of some technical advisory committees which would advise the super board on any amendments. There were many recommendations which were not acceptable to most involved. The Florida League of Cities, The Florida Association of Counties, the Florida Home Builders, Building Officials, Fire Chiefs, product manufacturers, etc. all oppose the recommendation and we have been meeting since December to change the recommendation which is about to be drafted into legislation. Examples of our recommendations are: 1) No new super board - keep the existing Board of Building Codes and Standards. 2) Local amendments must be allowed. There can be an appeal process. The appeal would be made to an appeals board, special committee, special master, etc. The decision of the process is to be left to the governing board. These local amendments must be unique to the area or more stringent than the existing code. (This is current law) 3) We are still working on enforcement and licensing. VII. Eminent Domain Senate Bill 92 by Senator John Grant This bill was heard in Senate Judiciary Committee on January 21. Two amendments were adopted. One is a strike everything amendment which allows business tenants to recover business damages and damages for unlimited access. The second amendment reduces attorneys fees by a large percentage based on benefits achieved. It is scheduled for another hearing Wednesday, February 4. This one has along way to go. VIII.Water/ "Local Sources First" Possible benefits of a "Local Sources First" policy A. Forges missing link between water management and growth management in Florida. B. Promotes greater focus on and understanding of cumulative environmental impacts from water consumption. C. Provides more opportunities for local governments and their residents to participate in water resource decisions. Possible advers9 implications of a "LgG~l Sources First" policy A. Depending on how it is worded, could shift Florida water law more toward a Western U.S. system where individuals or communities would "own" water, causing at least a temporary upheaval in Florida's economy. B. If water is no longer managed as a public resource on a statewide or regional basis, would be difficult to maintain consistent water quality standards. C. Increase consumer costs of water, whether naturally occurring or from alternative sources. Additionally, a strong shift toward individual or local- government control of water resources likely would result in a dramatic shift in Florida's Population and economic growth patterns. Depending on one's perspective, this could be a beneficial or a negative outcome. IX. Telecommunications / Right of Way Representatives from cities, counties and the Florida Telecommunications Industry have been trying to work on a resolution of defining right - of - way compensation. The current bill would stip a local government's authority of collecting their current joint compensation for usage of the right - of - way by a telecommunication company. So far there is no resolve.