03-10-98SpMtg MARCH 10, 1998
A Special Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the First Floor Conference Room at City Hall at 6:00 p.m. on
Tuesday, March 10, 1998.
Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Schmidt
Mayor Jay Alperin
Absent - Commissioner David Randolph
Also present were City Manager David T. Harden and City
Attorney Susan A. Ruby.
Mayor Alperin called the meeting to order and announced that
it had been called for the purpose of considering the following
item:
(1) Resolution No. 19-98 (OpDosinq Federal Takinqs Leqislation):
Consider approval of a resolution opposing pending legislation
which will expand the jurisdiction of federal courts with respect
to land use regulation where the property owner asserts that a
"taking" has occurred.
The caption of Resolution No. 19-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN OPPOSITION TO LEGISLATION
CURRENTLY PENDING IN THE UNITED STATES CONGRESS RELATED
TO THE EXPANSION OF FEDERAL COURT JURISDICTION TO
INCLUDE CONSIDERATION OF LOCAL ZONING AND LAND USE
APPEALS WITHOUT HAVING PRIOR STATE COURT CONSIDERATION;
DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THE
RESOLUTION TO APPROPRIATE OFFICIALS; PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney stated that the proposed legislation seeks
to codify certain aspects of federal jurisdiction as to the
rightness doctrine and other traditional concepts that staff
feels are best left to existing laws. Further, it may tend to
encourage litigation because it permits a direct appeal at the
federal level without having to first exhaust all administrative
or state court remedies.
Mr. Schmidt moved to approve Resolution No. 19-98, seconded
by Mr. Egan. Upon roll call the Commission voted as follows:
Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor
Alperin - Yes. Said motion passed with a 4 to 0 vote.
There being no further business, Mayor Alperin declared the
special meeting adjourned at 6:04 p.m., at which time the
Commission convened the regularly scheduled workshop meeting.
///MAYOR
The ~e%si~his the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the Special Meeting of the City Commission held on March 10,
1998, which minutes were formally approved and adopted by the
City Commission on
!
NOTE TO READER: If the minutes you have received are not
completed as indicated above, this means they are not the
official minutes of the City Commission. They will become
official only after review and approval by the City Commission
which may involve amendments, additions or deletions to the
minutes as set forth above.
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