07-07-98 JULY 7, 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,
July 7, 1998.
1. Roll call showed:
Present - Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay A1perin
Absent - Commissioner Kevin Egan
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Commissioner David
Randolph.
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 9.H., Hart v.
City/Appointment of Outside Counsel, to the regular agenda by
addendum.
The City Manager stated that Item 8.A., Appointment of
City Liaison/Pineapple Grove Main Street Board of Directors,
should be removed from the agenda.
Mr. Randolph moved to approve the agenda as amended,
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0
vote.
5. Approval of Minutes:
Mr. Schmidt moved to approve the Minutes of the Regular
Meeting of June 16, 1998, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 4 to 0 vote.
6. Proclamations:
6.A. Recognizing and commending Mark Himmelein for his
heroic actions which resulted in averting tragedy and potential
loss of life.
Mayor Alperin read and presented a proclamation to Mr.
Mark Himmelein recognizing his heroic actions at Abbey Delray
South on June 13, 1998, in responding to a smoke alarm signal
from one of the units and assisting the elderly occupant to
safety while also extinguishing smoldering material. Mr. Him-
melein came forward to accept the proclamation.
6.B. Proclaiming 1998 as the Year of the Ocean in Delray
Beach.
Mayor Alperin read and presented a proclamation in
recognition of 1998 as the Year of the Ocean. John Walker,
Project Coordinator, came forward to accept the proclamation
which will be passed on to the Department of Community Affairs,
Florida Coastal Management Program.
7. Presentations:
7.A. RESOLUTION NO 39-98: Recognizing and commending
Octavio M. Barrera, Jr. for thirty years of public service with
the City of Delray Beach.
The caption of Resolution No. 39-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING OCTAVIO M. BARRERA, JR. FOR
THIRTY (30) YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 39-98 is on file
in the City Clerk's office.)
Mayor Alperin read Resolution No. 39-98 in its entire-
ty. Mr. Schmidt moved to approve Resolution No. 39-98, seconded
by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
Mr. Barrera came forward to accept the resolution from
Mayor Alperin. Robert A. Barcinski, Assistant City Manager,
expressed thanks and appreciation to Mr. Barrera for his dedicat-
ed service and a job well done over the past 30 years.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. REMOVED FROM THE AGENDA.
8.B. RIGHT-OF-WAY DEED FOR S.W. 8TH STREET/BEREA EVANGELICAL
MISSIONARY CHURCH: Accept a right-of-way deed for S.W. 8th
Street associated with the development of Berea Evangelical
Missionary Church located at the northwest corner of South
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Swinton Avenue and S.W. 8th Street (former Deer Park/Klear Water
site at 710 South Swinton Avenue).
8.C. SUBSIDIZED LOA/~ AGREEMENT BETWEEN THE CITY, THE COMMU-
NITY REDEVELOPMENT AGENCY AND NORTHERN TRUST BANK: Approve a
Subsidized Loan Agreement between the City, the CRA and Northern
Trust Bank of Florida as a participating bank in the subsidized
loan program.
8.D. RESOLUTION NO. 44-98: Approve a resolution authorizing
the Community Redevelopment Agency to acquire by gift, purchase
or eminent domain certain real property described as the south 30
feet of Lot 6, Block 28, Town of Delray.
The caption of Resolution No. 44-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRIBED BY THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 44-98 is on file
in the City Clerk's office.)
8.E. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the amount of $10,000.00
for an income eligible applicant under the Delray Beach Renais-
sance Program, with funding from 118-1924-554-83.01 (SHIP Pro-
gram).
8.F. ANENDED FINDING SUBSIDY UNDER THE DELRAY BEACH RENAIS-
SANCE PROGRAM: Approve an increase in a funding subsidy previ-
ously awarded to an income eligible applicant from $18,000 to
$23,000.00 under the Delray Beach Renaissance Program, with
funding from 118-1924-554-83.01 (SHIP Program).
8.G. RENEWAL OF CHILDREN'S SUBSTANCE ABUSE GRANT CONTRACT
WITH FLORIDA DEPARTMENT OF CHILDREN A~D FAMILIES: Approve the
renewal for FY 1999 of the contract between the City and the
Department of Children and Families to provide for the Community
Improvement Department's administration, on behalf of Mad DADS,
of the Excel Focus Five Program at Pine Grove Elementary School.
8.H. AGREEMENT WITH SCHOOL BOARD/DELRAY FULL SERVICE CENTER:
Approve an agreement between the School Board of Palm Beach
County and the City for the services of a Delray Police Officer
at the Delray Full Service Center for the period July 1, 1998
through June 30, 1999.
8.I. AGREEMENT FOR SIDEWALK IMPROVEMENTS/CONGRESS SQUARE
INDUSTRIAL PLAT: Approve an agreement for sidewalk improvements
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between the City and the owners of Congress Square Industrial
Plat to allow the waiver of the requirement to construct a
sidewalk along Don Francisco's Way right-of-way in conjunction
with the new development until such time as the City requests the
sidewalk to be constructed along the entire street.
8.J. RESOLUTION NO. 40-98: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 40
properties throughout the City.
The caption of Resolution No. 40-98 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 COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTER-
EST OF ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 40-98 is on file
in the City Clerk's office.)
8.K. RESOLUTION NO. 41-98: Adopt a resolution assessing
costs for abatement action necessary for the emergency board-up
of an unsafe structure at 936 Gardenia Terrace.
The caption of Resolution No. 41-98 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.
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(The official copy of Resolution No. 41-98 is on file
in the City Clerk's office.)
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period June 15th through July 2, 1998.
8.M. AWARD OF BIDS AND CONTRACTS:
1. Purchase approval for eight (8) replacement
computers from Gateway 2000 for the Parks and
Recreation Department at a total cost of $18,816
($2,352 each), via State Contract, with funding
from 334-6112-519-64.11 (R&R Computer Equipment).
2. Contract award in the amount of $14,700.00 to
Mathews Consulting, Inc. for an inventory of all
sidewalks owned and maintained by the City,
including location, characteristics and condition,
with funding from 334-3162-514-63.11 (General
Construction Fund/R&R - Swales/Sidewalks).
Mr. Ellingsworth moved to approve the Consent Agenda,
as amended, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. AGREEMENT WITH CHRIS EVERT C~IARITIES, INC.: Consider
approval of an agreement contract between the City and Chris
Evert Charities, Inc. for a tennis tournament to be held at the
Tennis Center during the month of October, starting this year and
continuing until the year 2000.
Brahm Dubin stated that certain changes have been made
to the proposed agreement. It is now for one year instead of
three years. Also, the tournament will guarantee $20,000 to the
Drug Abuse Foundation from the tournament which will not be the
City's responsibility.
The City Attorney further stated that the only other
change has to do with advance notice of some contracts that Mr.
Dubin might have wanted to have with other vendors besides
Coca-Cola recognizing the exclusivity of some of those, although
this probably will not come into play for this one year.
Mr. Ellingsworth moved to approve the agreement between
the City and Chris Evert Charities, Inc. with the three changes
recommended by the City Attorney. The motion was seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes. Said motion passed with a 4 to 0 vote.
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9.B. RESOLUTION NO. 42-98: Consider approval of a resolu-
tion in support of four-laning Lake Ida Road between Congress
Avenue and Military Trail, with certain qualifications.
The caption of Resolution No. 42-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF
THE FOUR-LANING OF LAKE IDA ROAD BETWEEN
CONGRESS AVENUE AND MILITARY TRAIL; REQUEST-
ING COOPERATION FROM PALM BEACH COUNTY AS TO
THE ROADWAY DESIGN INCLUDING, BUT NOT LIMITED
TO, TRAFFIC CALMING MEASURES AS APPROPRIATE;
AND FURTHER REQUESTING THAT ZONING DENSITIES
IN THE AREA WEST OF THE CITY OF DELRAY BEACH
ALONG THE LAKE IDA ROAD CORRIDOR NOT BE
INCREASED ABOVE THAT WHICH IS CURRENTLY
ALLOWED; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 42-98 is on file
in the City Clerk's office.)
Mr. Randolph moved to approve Resolution No. 42-98,
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to
0 vote.
9.C. RESOLUTION NO. 43-98: Consider approval of a resolu-
tion in support of the 21st Annual Roots Cultural Festival to be
held July 17th through August 9, 1998, together with considera-
tion of requested support items and insurance requirements.
The caption of Resolution No. 43-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE
ROOTS CULTURAL FESTIVAL, INC. IN THEIR
SPONSORSHIP OF THE TWENTY-FIRST ANNUAL "ROOTS
CULTURAL FESTIVAL" IN THE CITY OF DELRAY
BEACH, FLORIDA, AND RECOGNIZING THE 21ST
ANNIVERSARY OF THIS CULTURAL EVENT IN OUR
CITY.
(The official copy of Resolution No. 43-98 is on file
in the City Clerk's office.)
Robert A. Barcinski, Assistant City Manager, stated the
request is to adopt a resolution in support of the 21st annual
Roots Festival which will be held July 17th through August 9,
1998. In addition, City staff support is requested for security,
set up and clean up, as is authorization for use of City facili-
ties at no charge and use of the City stage from August 7th
through 9th. Also included is a request to allow merchants along
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Atlantic Avenue to display the Roots flag and to allow event
signage to be placed in the medians on Atlantic Avenue. Mr.
Barcinski stated staff recommends approval of the resolution as
well as staff support. He noted that during the FY 1998 budget
approval process, Commission agreed to fund Police overtime up to
$6,000 as opposed to an outright cash donation for this event,
and recommended this be maintained. He further noted that the
City Attorney and the Risk Manager are recommending that in
addition to the standard general liability insurance, an athletic
participant liability be required as well.
Mr. Randolph moved to approve Resolution No. 43-98
endorsing and supporting the 21st Annual Roots Festival, seconded
by Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 4 to 0 vote.
Discussion followed concerning the support request list
and staff recommendation for approval. Mr. Schmidt asked how
much the additional athletic participant liability insurance
would cost the event sponsors? Mr. Barcinski stated he did not
have an exact figure, but it was his understanding it would
increase the insurance cost somewhat. On further question from
Mr. Schmidt, Mr. Barcinski stated that Frank Babin, the City's
Risk Manager, has been in contact with the insurance agent for
the Roots Festival about this requirement.
Mr. Schmidt stated he did not have a problem with
requiring the additional insurance; he just wanted to be sure the
members of the Roots Festival committee are not caught off guard
by this additional requirement and expense. Mayor Alperin
commented that if there is a major problem, the event's organiz-
ers can come back to the City Commission.
Mr. Schmidt moved to approve the support request for
the 21st Annual Roots Festival as recommended by staff, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Schmidt Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote.
9.D. BID AWARD TO TRIO DEVELOPMENT CORPORATION FOR REHABILI-
TATION OF LIFT STATIONS 16 & 3lA: Consider approval of a bid
award in the total amount of $245,938.00 to Trio Development
Corporation as the lowest responsive bidder for the rehabilita-
tion of lift stations 16 and 3lA ($130,010.00 for base bid lift
station 16 rehab & $115,928.00 for alternate lA lift station 3lA
elimination), with funding from 442-5178-536-61.83 (R&R Lift
Station Conversion to Submersible).
Mr. Schmidt moved to approve the bid award in the total
amount of $245,938.00 to Trio Development Corporation as the
lowest responsive bidder, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mr.
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Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 4 to 0 vote.
(Note: Mr. Schmidt stepped down for the following item. Form
8B, Memorandum of Voting Conflict for County, Municipal, and
Other Local Public Officers, is on file in the City Clerk's
office.)
9.E. SETTLEMENT COUNTEROFFER/CHARLIE BROWN V. CITY: Consid-
er a counteroffer of settlement from Plaintiff's attorney in the
referenced matter.
The City Attorney stated that in January, 1998, the
City Commission rejected an offer from Plaintiff in the amount of
$125,000.00 to settle a judgment in excess of the sovereign
immunity cap and counteroffered with $75,000.00. Plaintiff's
attorney has now submitted a new counteroffer in the amount of
$95,000.00 which is presented to the Commission for considera-
tion.
After discussion, it was the consensus of the Commis-
sion to counter with an offer of $80,000.00 to settle, with the
understanding that no further counteroffers will be considered.
Mr. Ellingsworth so moved, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 3 to 0 vote.
Mr. Schmidt returned to the dais at this time.
9.F. SCHEDULE FOR ADOPTION OF FY 1999 BUDGET: Consider a
change in the City Commission meeting schedule and budget hear-
ings for September, 1998, due to a conflict with Palm Beach
County's budget hearing dates.
After discussion, it was the consensus of the City
Commission to amend the meeting dates for September, 1998, as
follows to conform with TRIM and Charter requirements related to
the adoption of the FY 1999 budget: The City Commission's first
regular meeting and first budget hearing will be held on Septem-
ber 15, 1998, with the second regular meeting and final budget
hearing to be held on September 22, 1998. The City Commission
workshop will be held on September 8, 1998.
Mr. Ellingsworth so moved, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth -
Yes. Said motion passed with a 4 to 0 vote.
9.G. APPOINTMENT TO POLICE AND FIRE BOARD OF TRUSTEES:
Appoint a member to the Police and Fire Board of Trustees for a
two year term ending June 30, 2000. The appointment will be made
by Commissioner Randolph (Seat #4).
8 7-07-98
Mr. Randolph moved to reappoint Robert Levitt to the
Police and Fire Board of Trustees for a two year term ending June
30, 2000, seconded by Mr. Schmidt. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with
a 4 to 0 vote.
9.H. HART V. CITY/APPOINTMENT OF OUTSIDE COUNSEL (ADDENDUM):
Consider approval of the appointment of Leonard Carson of the
firm of Carson & Adkins to represent the City in the referenced
matter.
Mr. Randolph moved to approve the appointment of
outside counsel as recommended by the City Attorney, seconded by
Mr. Ellingsworth. Upon roll call the Commission voted as fol-
lows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First
Readings, on the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 26-98: An ordinance amending Chapter 95,
"Emergency Management", of the City Code to provide definitions
for the terms "average retail price", "consumer good", "enforce-
ment official" and "fuel product", enacting a provision for
prohibition of price gouging during a declared state of emergen-
cy, and providing for a revision to Resolution D related to
prohibiting price gouging. If passed, a public hearing will be
scheduled for July 21, 1998.
The City Manager presented Ordinance No. 26-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
9, "GENERAL REGULATIONS", CHAPTER 95, "EMER-
GENCY MANAGEMENT" OF THE CODE OF ORDINANCES ,
OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 95.01, "DEFINITIONS", TO PROVIDE FOR
DEFINITIONS FOR THE TERMS "AVERAGE RETAIL
PRICE", "CONSUMER GOOD", "ENFORCEMENT OFFI-
CIAL'', AND "FUEL PRODUCT"; AMENDING SECTION
95-05, "DECLARATION OF A STATE OF EMERGENCY",
TO PROVIDE FOR A REVISION TO RESOLUTION D
RELATING TO PROHIBITING PRICE GOUGING;
ENACTING A PROVISION FOR PROHIBITION OF PRICE
GOUGING; AMENDING "RESOLUTION D"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-98 is on file in
the City Clerk's office.)
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The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 26-98 on
FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Com-
ments and Inquiries on Non-Agenda Items from the Public, on the
agenda.
11. Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately followinq Public Hearings.
ll.A. City Manaqer's response to prior public comments and
inquiries.
The City Manager had no responses to prior public
comments and inquiries.
ll.B. From the Public.
ll.B.1. Gerald DeFoe, 142 Mockinqbird Lane, Country Manors,
expressed his thanks and appreciation to the City Commission for
the action taken earlier in the meeting to adopt Resolution No.
42-98 in support of the four-laning of Lake Ida Road between
Congress Avenue and Military Trail.
Mr. DeFoe then reported on action taken earlier in the
day by the County Commission on the Agricultural Reserve issue.
It appears that development will be on a 40/60 basis with densi-
ties from one to five units per acre. The County Commission
turned it back to their staff to look at further modifications,
but it is likely this is the best we are going to get. It will
probably appear on the Spring ballot (March 1999) for referendum.
Mr. DeFoe stated those involved with Students First! will redou-
ble their efforts on school concurrency and work to get that
issue on the ballot at the same time.
11.B.2. Alice Finst, 707 Place Tavant, asked if the City issued
parking lot permits to convert property into parking lots over
the 4th of July weekend? She expressed concern that the parking
at Veterans Park seemed to be blocked off, with money being
charged for parking in this area. She asked if any arrangements
were made where City residents got to park in the 20 or so public
spaces in that lot on a priority basis before the lot was shut
off, or if the City got a percentage of the money being charged
for the Veterans Park parking lot?
Mrs. Finst also asked about the parking at the Marriott
Hotel. She claimed that on the 4th of July there was a non-City
sign propped in the driveway that said 'City lot closed' or
something to that effect, and the gate was also closed. In
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checking, she found that the only two vacant spaces were the
handicapped spaces and all the meters were in violation except
for two. She thought the lot might have been reserved for City
use due to the fireworks, but saw nothing to indicate that was
the case. Mrs. Finst further stated she had riden by the site
earlier this morning. The gate was open and there were five cars
at the west end of the Marriott parking lot on the City side, all
with violation flags up. She expressed concern that this park-
ing, which is supposed to be designated as a City lot, is being
used for other purposes. Mrs. Finst concluded by asking for a
status update on the parking situation.
11.B.3. Joseph Kinnie, 211 S.E. 12th Road, stated he had called
and asked the City to maintain S.E. 12th Road (in the middle of
the Lambert Trailer Park), but was told it is a private roadway.
Also, there have been some rumors of a developer looking to buy
this private road out. Mr. Kinnie stated he and his neighbors
are tired of living with harassment from the developer who has
become very nasty. They want to know if the City knows what is
happening or has any feelings about this situation.
At this point, the Commission moved to Item 13 on the
agenda.
13. Comments and Inquiries on Non-Agenda 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. Commissioner Schmidt commented that the trip to Japan
was wonderful. The students were very well received and he felt
it was a great start to the student exchange program.
Mr. Schmidt then inquired about the newspaper articles
he read just after getting back from the trip about the proposal
to narrow U.S. Highway #1. He asked for additional information
since he has been getting a lot of questions and comments about
it.
The City Manager commented that he tried to make it
clear to the reporter he talked with that this is a CRA proposal
and one that the City has not really been involved with much.
Mr. Schmidt indicated he would contact Chris Brown at the CRA to
find out more about it.
13.C.2. Commissioner Ellingsworth had no comments or inquiries.
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13.C.3. Commissioner Randolph asked that he be provided with
information concerning the regulation of taxi cabs. He has
recently noticed quite a few taxis operating around the City and
wants to make sure they are in compliance with our procedures.
Mr. Randolph further commented that since he has been
doing a lot of walking, especially on Atlantic Avenue, he has
noticed a few spots where the paver blocks are a little uneven.
He felt we need to make certain the pavers are well maintained in
all areas, and suggested they be watched closely by City crews to
keep us out of trouble with liability.
13.C.4. Mayor Alperin reported that he had a great time in
Japan.
At this point, there being no further business to be
considered prior to the Public Hearings scheduled for 7:00 p.m.,
Mayor Alperin declared a recess at 6:45 p.m.
The time being 7:00 p.m., Mayor Alperin reconvened the
meeting and the Commission moved to the duly advertised Public
Hearings portion of the agenda.
10. PUBLIC ~EARINGS:
10.A. ORDINANCE NO. 24-98 (FIRST READING & TRANSMITTAL
~EARING/COMPRE~ENSIVE PLAN AMENDMENT 98-1): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 98-1,
and authorize transmittal to the State Department of Community
Affairs for review. Amendment 98-1 includes:
(1 Future Land Use Map Amendment from TRN (Transi-
tional) to LD (Low Density Residential 0-5
du/acre) in part, and from MD (Medium Density
Residential 5-12 du/acre to LD (Low Density
Residential 0-5 du/acre), in part, in conjunction
with the implementation of the Seacrest/Del-Ida
Park Neighborhood Plan generally located between
Seacrest Boulevard and Dixie Highway and between
George Bush Boulevard and Atlantic High School.
(2 Future Land Use Map amendment from TRN (Transi-
tional) to LD (Low Density Residential 0-5
du/acre) in part, and from LD (Low Density Resi-
dential 0-5 du/acre) to TRN (Transitional) in
part, related to the realignment of a roadway
within the Citation Club/Hammock Reserve develop-
ments located on the east side of Military Trail,
south of Linton Boulevard.
(3 Amendment to the text of the Housing Element
relating to the adoption of the Seacrest/Del-Ida
Park Neighborhood Plan.
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(4) Amendment to the text of the Conservation Element
regarding the preparation of a program to preserve
or mitigate the development of Hurricane Pines
(environmental site on the south side of S.E. 10th
Street between Dixie and Federal Highways).
The City Manager presented Ordinance No. 24-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTNG
COMPREHENSIVE PLAN AMENDMENT 98-1 PURSUANT TO
THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1"
AND INCORPORATED HEREIN BY REFERENCE; PROVID-
ING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
She stated Ordinance No. 24-98 is before the Commission for
consideration on first reading and a public hearing for the
transmittal of Comprehensive Plan Amendment 98-1, although a
request for a continuance has been received from the Seacrest
Homeowners Association.
Mayor Alperin opened the public hearing and asked if
there was anyone present who wished to give public input this
evening? There being no one who wished to address the Commis-
sion, Mayor Alperin asked for a motion to continue the transmit-
tal hearing on Comprehensive Plan Amendment 98-1 and considera-
tion of Ordinance No. 24-98 on first reading to the date certain
of July 21, 1998, at 7:00 p.m. in the City Commission Chambers.
Mr. Randolph so moved, seconded by Mr. Schmidt. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 25-98 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending LDR Section 6.3.3 pertaining to the
use, design and maintenance of sidewalk cafes. If passed, a
second public hearing will be scheduled for July 21, 1998.
The City Manager presented Ordinance No. 25-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
-13- 7-07-98
RIGHT-OF-WAY", SECTION 6.3.3, SIDEWALK CAFE",
OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, BY ADDING AN APPLICA-
BILITY SECTION; PROVIDING THAT A SKETCH PLAN
AS OPPOSED TO A SITE PLAN SHALL BE SUBMITTED
WITH A PERMIT APPLICATION; EXPANDING THE
GEOGRAPHIC AREA IN WHICH A SIDEWALK CAFE MAY
BE PERMITTED TO INCLUDE ALL ZONING DISTRICTS
IN WHICH RESTAURANTS ARE ALLOWED; AMENDING
THE REGULATIONS GOVERNING THE USE, DESIGN AND
MAINTENANCE OF A SIDEWALK CAFE; PROVIDING FOR
AN INCREASE IN THE AMOUNT OF INSURANCE
COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 25-98 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.
Steven Pizzi, owner of Goodness Gracious Cafe located
at 514 East Atlantic Avenue, submitted a petition signed by
business and professional people located in the Central Business
District in support of the cafe tables remaining outside of his
business. He stated he has adhered to all of the regulations
proposed for sidewalk cafes.
There being no one else who wished to speak on this
item, the public hearing was closed.
Mr. Schmidt stated he has a concern about the change on
the five foot clear pathway with the tables being measured from
the front of the building to just a five foot pathway that runs
parallel to the street. The reason for his concern is that the
current regulations, while they have not been enforced, have been
on the books for a good period of time and as time has gone on,
certain restaurant owners seem to be taking advantage of it and
the tables are creeping farther and farther out to Atlantic
Avenue. In some spots you either have to walk in the street or
you can see a path through the landscape node because the tables
are so far out on the sidewalk, pedestrians have no room to walk.
Mr. Schmidt felt it would be better and more easily enforced to
have the measurement come out from the front of the building and
go from there five feet over to the curb.
Mayor Alperin commented that at first, the five foot
clear pathway from the curb looks like it will be adequate, but
-14- 7-07-98
that it is not enough if you have obstructions like light poles
or utility boxes within that five feet, so we really need the
five feet in addition to whatever space those utilities take up,
so that the five foot clear should be from the obstruction to the
first table.
John Walker, Project Coordinator, stated the text
amendment as currently proposed requires a five foot clear
pathway that is parallel to the street and clear of any obstruc-
tions. He noted that what could happen with the way it is
currently written is that you could have an area where you have
tables on both the left and right hand sides, but there is five
feet of clear sidewalk through the tables. This is what was
recommended by the Planning and Zoning Board, and Mr. Walker felt
it will give Code Enforcement the ability to assure there is the
five foot clear walking space. Under the proposed ordinance,
parallel to the street does not mean adjacent to the curb but it
does mean basically a straight line as opposed to having to
zigzag through tables.
Mayor stated he is disappointed the Commission has to
be dealing with this ordinance at all. He felt that businesses
should realize the benefit they are getting from having the
tables allowed outside in the first place without taking advan-
tage of it as some businesses appear to be doing. The ordinance
has become necessary because the Commission needs to protect the
public and use of public right-of-way because of the abuses which
have occurred. Mayor Alperin also expressed concern that service
staff may end up using the five foot clear space while serving
customers and could create partial obstructions. He felt this
was something the restaurants will have to look at and control to
make sure the wait staff does not obstruct the five feet, since
he would not want to see the Commission have to legislate that as
well.
On question from Mr. Ellingsworth, the City Manager
stated that the code enforcement officials have the ability to
issue citations in the form of a Notice to Appear in those cases
where there are repeat violations.
Mr. Schmidt moved to approve Ordinance No. 25-98 on
FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:20 p.m.
- - ~ity- C~rk
-15- 7-07-98
ATTEST:
The undersigned 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 July 7, 1998,
which minutes were formally approved and adopted by the City
Commission on
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.
-16- 7-07-98
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I ~.~1%AMI' tiROl %.~MI MIDI)II %AMF NAMEOF DOARD,('OUNCII.,('OMMI.%.NION. AL;1HORI'IY. OR ('OMbIIllEE
MAll I%¢i .~I)DRI .%.~ '1 Iff ROARD. COt .~('11.. ('OM MI.%SION/AU1HORI1Y OR COMMIlq'EE ON
~I,'HICH I ~£RVE I.% A I,'NI1 OF':
¢'11 ~ ('OU.~ I~'
I)A1E 0.% ~HK'H ~,OII; (~.U! RRFD '~'~ITION
WHO MUST FILE FORM 8B
This form is for use by an.~' person scr~ lng at the counts', cit.,,; or other local level of go~'ernmem on an appointed or elected board.
council, commission, amhorits; or committee, h applies equally to members of advisory and non-advisor5' bodies who are presented
,xith a voting conflict of interest under Section !!2.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on lhis form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.:~143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding ele¢fixe county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
in either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the'officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WiLL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a cOnflict of interest:
c~ FO~U ~- s.os PACa~
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You should complete {he form and file it within I$ days after the vote occurs with ~he person responsible for.recording the minu~es
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
l, ~N~'~/~,'~ J~'t.J-~ herebydis¢losetha~on. , -~/ "'7 , 19 ~'~':
(a) A measure came or ,,'ill come before my agency which (check one)
inured IO my special pri~ate gain; or /~.~~
inured to the special gain of ~ 7~ , by ~'hom V~ctained. ~I
/
(b) The measure before my agency and the nature of my imeres~ in the measure is as follows:
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
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