08-04-98 AUGUST 4, 1998
A Regular Meeting of the City Commission of the City of
Delray Beach, Plorida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
August 4, 1998.
1. Roll call showed:
Present - Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
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 Pastor Scott Gress
with Trinity Evangelical Lutheran Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
Agenda Approval.
The City Manager stated that a request to postpone Item
9.B., Conditional Use Request for Villas Delray, to the August
18th regular meeting has been received from the applicant.
Mayor Alperin noted the addition of Item 9.H., Closeout
Change Order %1 & Final Payment/Ledbetter Electric (Miller Park
Little League Field %1 Emergency Electrical Repairs), to the
regular agenda by addendum. He further stated that a representa-
tive from Ledbetter Electric has requested this item, too, be
deferred to the August 18, 1998, regular meeting.
Mayor Alperin asked that Item 9.E., Review of Appeal-
able Land Development Board Actions, be moved forward on the
agenda for consideration as the first item on the regular agenda.
The City Attorney stated she wished to note a couple of
corrections to items on the consent agenda. On Item 8.B.,
Chateau Woods Homeowners Association Traffic Enforcement Agree-
ment, the agreement will continue until terminated by either
party instead of having to be renewed on a yearly basis. On Item
8.F., Amendment No. 1 to AT&T Site Lease Agreement, there is a
typographical error which has since been corrected. These
changes are not substantive; however, the City Attorney wished to
note them for the record.
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. 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 July 21, 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.
Proclamations:
None
7. Presentations:
7.A. Ron Nyhan, Delray Beach Playhouse - 'Employee Apprecia-
tion Day'.
Mr. Ron Nyhan, President of the Board of Governors of
the Delray Beach Playhouse, stated this is the 52nd year of
performances at the Playhouse making it one of the oldest,
continuously operating community theatres in the southern United
States. This year the Board of Governors has decided to reaffirm
its commitment to the Delray Beach community, and the first step
in doing so is to recognize the longstanding relationship that
the Playhouse has had with the City of Delray Beach. To demon-
strate the Playhouse's appreciation for these many years of
association, a special performance of the Playhouse's first
production will be held on October 14, 1998, for City employees.
It will be "Who's Wife Is It Anyway?" by Michael Parker, a
nationally acclaimed playwright whose career started here in
Delray Beach at the Playhouse. There are 236 seats in the
facility and tickets for the production will be presented to the
City Manager for distribution to the employees.
7.B. Employee Suggestion Award to Don Haley, Water Treatment
Plant Manager, for his cost saving idea to exchange potable and
raw water mains resulting in increased transfer capacity to the
North Reservoir storage facility.
Mayor Alperin asked Mr. Haley to come forward and
presented him with a certificate reading, "The City of Delray
Beach presents this award with congratulations to Don Haley, with
gratitude and appreciation for your successful participation in
the Employee Suggestion Award Program". Mayor Alperin explained
that Mr. Haley came up with an idea that saved the citizens of
Delray Beach some $438,000. He presented Mr. Haley with a check
in the amount of $1,838.79 and thanked him for his efforts which
resulted in a significant cost saving to the City.
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7.C. Resolution No. 48-98 recoqnizinq and commending John P.
Walker for his years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 48-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING JOHN P. WALKER FOR OVER TEN
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 48-98 is on file
in the City Clerk's office.)
Mayor Alperin commented that over the years John Walker
has been of tremendous assistance to the City Commission, espe-
cially with respect to the Comprehensive Plan and the City's
beach nourishment program. He then read Resolution No. 48-98 in
its entirety.
Mr. Randolph moved to approve Resolution No. 48-98,
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.
(Note: Senator Klein had not yet arrived at the meeting so the
Commission moved to Item 8., Consent Agenda.)
8. CONSENT AGENDA: City Manager recommends approval.
8.A. INITIATION OF REZONING/TWO LOTS ASSOCIATED WITH THE
LEON M. WEEKES ENVIRONMENTAL PRESERVE: Initiate the rezoning of
Lots 262 and 263 of Tropic Palms Plat No. 1 from R-1AA (Single
Family Residential) to OSR (Open Space and Recreation) in con-
junction with development of the Leon M. Weekes Environmental
Preserve.
8.B. CHATEAU WOODS HOMEOWNERS ASSOCIATION TRAFFIC ENFORCE-
MENT AGREEMENT: Approve an agreement between the City and the
Chateau Woods Homeowners Association to allow the Police Depart-
ment to enforce state and local traffic laws on the private roads
of Chateau Woods.
8.C. SABAL LAKES PHASE II HOMEOWNERS ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
the Sabal Lakes Phase II Homeowners Association to allow the
Police Department to enforce state and local traffic laws on the
private roads of Sabal Lakes Phase II.
8.D. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions
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approved by the South Central Regional Wastewater Treatment and
Disposal Board at the quarterly meeting of July 16, 1998.
8.E. CENTER BASED CHILD CARE AGREEMENT & AMENDMENT #001 WITH
THE SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve the renewal of
the Center Based Child Care Agreement with the School District
for the City to provide child care services at Pompey Park, the
Community Center and the Full Service Center, together with
Amendment #001 which increases the rates paid by the School
District, for the period July 1, 1998 through June 30, 1999.
8.F. AMENDMENT NO. I TO AT&T SITE LEASE AGREEMENT: Approve
Amendment No. 1 to Site Lease Agreement between the City and AT&T
Wireless Services of Florida, Inc. for the first of the potential
five renewal periods (1998 to 2003) for the location of AT&T
telecommunication equipment on the City's elevated water storage
tank.
8.G. REMOVED
8.H. MODIFICATION OF STANDARDS FOR APPROVAL/FINGER PIER
DOCKS AT VENETIAN DRIVE TOWNHOUSE CONDOMINIUM: Approve a modifi-
cation of standards for approval pursuant to LDR Section 7.9.4(A)
to allow rebuilding of two existing 30 ft. finger pier docks at
the Venetian Drive Townhouse Condominium located at 336 Venetian
Drive.
8.I. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve funding subsidies in the total amount of
$35,500.00 for two income eligible applicants under the Delray
Beach Renaissance Program, with funding from 118-1924-554-83.01
{SHIP Program).
8.J. CANCELLATION OF BID AWARD TO TROPICAL LOOKS LANDSCAPE
FOR NUISANCE ABATEMENTS: Approve cancellation of the contract
awarded to Tropical Looks Landscape on May 5, 1998, for Code
Enforcement nuisance abatements, and authorize staff to revise
the specifications and rebid the contract.
8.K. RESOLUTION NO. 47-98: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 15
properties throughout the City.
The caption of Resolution No. 47-98 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-
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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 ON ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS.
(The official copy of Resolution No. 47-98 is on file
in the City Clerk's office.)
8.L. REMOVED
8.M. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the amount of $27,100 to Pifer,
Inc., via Village of North Palm Beach Golf Course
Equipment Maintenance Bid, for one (1) Pifer Model
#250 Mower for the Municipal Golf Course, with
funding from 445-4761-572-64.90 (Golf Course
Capital Outlay - Other Machinery/ Equipment).
2. Purchase award in the amount of $26,103 to Gateway
2000 Major Accounts, via State of Florida Con-
tract, for the upgrade and replacement of computer
equipment in the Finance, Fire, and Community
Improvement Departments, with funding from
334-6112-519-64.11 (General Construction Fund -
R&R/Computer Equipment).
3. Bid award in the amount of $18,750.00 to Transpor-
tation Consultants, Inc. to perform a comprehen-
sive analysis of the City Garage operation, with
funding from 501-3311-591-31.90 (City Garage -
Other Professional Services).
4. Bid award in the amount of $64,477.50 to Arbor
Tree & Landscape Co., Inc. for construction of the
Shadywoods Roadside Swale Project, with funding
from 448-5411-538-63.66 (Stormwater/Other Improve-
ments - Shadywoods) .
Mr. Schmidt moved to approve the consent agenda as
amended, 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. REGULAR AGENDA:
(Item 9.E. was moved forward on the regular agenda.)
9.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider approval of the actions and decisions made by the Land
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Development Boards for the period July 20th through July 31,
1998.
Mr. Schmidt moved to receive and file the report, with
the exception of Site Plan Review and Appearance Board Item No. 7
(Formano Properties) which is appealed to the August 18, 1998,
regular meeting. 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.
9.A. CONDITIONAL USE REQUEST/COLONY CLUB: Consider a
request for conditional use approval to allow an increase in
building height for the Colony Club, a proposed 32 unit multiple
family development. The subject property is located at the
southwest corner of N.E. 7th Avenue and N.E. 1st Street and is
zoned CBD (Central Business District). QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted as
a quasi-judicial proceeding which allows for presentations by all
involved parties, the admission of documents into the record and
public testimony.
The City Clerk swore in those individuals who wished to
give testimony on this item.
Paul Dorling, Acting Director of Planning and Zoning,
entered the Planning Department's project file #98-184 into the
record along with a listing of pertinent documents. Mr. Dorling
stated the maximum height allowed in the CBD zoning district is
48 feet, although an increase to a maximum height of 60 feet may
be approved by the City Commission through the conditional use
process, including a finding of compliance with certain criteria.
The proposed development involves the construction of a 32 unit
multiple family project known as the Colony Club. The first
floor will be a parking garage over which four (4) floors of
residential units will be constructed. The overall height of the
project is proposed at 58 feet, 8 inches. Mr. Dorling stated the
proposal meets the criteria set out in LDR Section 4.3.4(J) (4) (b)
in that the site is in an area eligible for the height increase,
the project accommodates residential uses on the top floor and
that the ground floor is being retained for parking. The re-
quired findings with respect to compatibility at LDR Section
2.4.5(E) (5) have been made, and the applicant has stepped down
the building on the north, south and west sides to maximize
compatibility with lower adjacent uses. Mr. Dorling reported
that the Planning and Zoning Board considered the request at a
public hearing on July 20, 1998. After hearing public testimony,
the Board voted unanimously to recommend that the conditional use
request be approved.
Mayor Alperin declared the public hearing open. There
being no one who, having been duly sworn, wished to address the
City Commission, the public hearing was closed.
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Mr. Ellingsworth moved to approve the conditional use
request for the Colony Club to allow the structure to be built to
a height of 58 feet, 8 inches based upon positive findings with
respect to LDR Section 4.3.4(J) (4) (b), Compliance Criteria, and
Section 2.4.5(E) (5), Compatibility, of the Land Development
Regulations. The motion was 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.
Prior to roll call, Mayor Alperin commented that he
believes it is a mistake for the applicant to name the project
the Colony Club as it could cause unnecessary confusion. The
rest of the City Commission concurred and urged the applicant to
reconsider the project name.
9.B. CONDITIONAL USE REQUEST/VILLAS DELRAY: Consider a
request for conditional use approval to establish a residential
density in excess of 30 units/acre within the Central Business
District (CBD) for Villas Delray, a proposal involving two
potential development scenarios. The subject property is located
at the southeast corner of N.E. 4th Avenue and N.E. 1st Street.
QUASI-JUDICIAL PROCEEDING
This item was postponed to the City Commission regular
meeting of August 18, 1998, at the request of the applicant.
9.C. EXTENSION OF CONDITIONAL USE APPROVAL/EMMANUEL EVANGEL-
ICAL LUTHERAN CHURCH: Consider a request to extend the condi-
tional use approval for Emmanuel Evangelical Lutheran Church,
proposed to be located on S.W. 6th Street between S.W. 15th
Terrace and 1-95.
Paul Dorling, Acting Director of Planning and Zoning,
stated that the church received conditional use approval in May
of 1997. That approval was subject to abandonment of a road
right-of-way and processing of a site plan. The right-of-way
abandonment was approved by the City Commission in March, 1998,
and the site and development plan is currently under review. As
the 18 month deadline is fast approaching (November 8, 1998), the
applicant has requested an additional twelve (12) month extension
to complete the site plan approval process and commence construc-
tion. The 12 month extension will be from November 8, 1998, or
until November 8, 1999.
Mr. Schmidt moved to approve a 12 month extension of
the conditional use approval for Emmanuel Evangelical Lutheran
Church, based on positive findings with respect to Article 3.1
(Required Findings) of the Land Development Regulations, said
approval to be valid for 12 months from November 8, 1998, or
until November 8, 1999, and subject to the following conditions:
(1) That prior to issuance of a building permit, the
site plan must be approved by SPRAB and address the technical
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items listed in the May 6, 1997, Planning and Zoning Board staff
report;
(2) That the seating capacity be limited to 280
persons; and
(3) That trees be installed 25 feet on center, with an
8 foot high opaque fence along the east property line from the
south property line to the north property line of Lot 6, Carver
Park, and a hedge 4.5 feet high at the time of planting for the
balance of the east property line.
The motion was seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 4 to 0 vote.
9.D. PINE GROVE SCHOOL OF THE ARTS/FACILITY MODIFICATION
FUNDING: Consider forwarding a recommendation to the Palm Beach
County School District to fund and immediately construct the
agreed upon facility enhancements to Pine Grove Elementary School
to support its new School of the Arts magnet program.
Paul Dorling, Acting Director of Planning and Zoning,
stated that the School District had previously made a commitment
to fund necessary improvements to Pine Grove Elementary School to
support its magnet theme, including remodeling of the music and
art rooms and the conversion of a classroom to a dance room.
These improvements were to be constructed by August of 1998 at an
estimated cost of $75,000.00. However, the School District's
proposed 1999 Capital Budget does not include funding for this
project. Mr. Dorling reported that the Education Board discussed
this matter on August 3, 1998, and while there was not a quorum
to take official action, the members present supported the City
Commission in forwarding a recommendation to the School District
to immediately fund and construct the agreed upon facility
enhancements to Pine Grove Elementary School to support the
magnet program.
Mr. Ellingsworth moved to forward a recommendation to
the Palm Beach County School District to fund and immediately
construct the agreed upon facility enhancements to Pine Grove
Elementary School to support its new School of the Arts magnet
program. The motion was 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.F. RESOLUTION NO. 46-98 (BUDGET ADJUSTMENT): Consider
approval of a resolution adjusting the FY 1998 budget to provide
for an increase in wastewater treatment operating costs, approve
the associated budget transfer, and approve miscellaneous adjust-
ments to various accounts.
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The City Manager presented Resolution No. 46-98:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 75-97 ADOPTED SEPTEMBER 23,
1997, AND RESOLUTION NO. 30-98 ADOPTED APRIL
21, 1998, WHICH MADE APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR THE
FISCAL YEAR 1997/98, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES FOR THE
OPERATING FUNDS OF THE CITY FOR THE FISCAL
YEAR 1997/98; TO REPEAL ALL RESOLUTIONS
INCONSISTENT HEREWITH.
(The official copy of Resolution No. 46-98 is on file
in the City Clerk's office.)
The City Manager explained that the primary reason for
the resolution is to provide additional funding for our wastewa-
ter treatment bill. In large part this is because of increased
flows, but there was an error made in budgeting last year. He
felt the amount will probably be covered out of the current
year's revenues by the end of the year, and noted that there is a
contingency of close to $300,000 in this fund in this year's
budget. However, for purposes of having the money to pay the
bills for the next couple of months, it is recommended that the
funds come from Prior Year Surplus. The other items addressed in
the resolution are primarily bringing forward funds from the
prior year and setting up the funding for the historic preserva-
tion grant that was agreed to earlier by the Commission.
Mr. Schmidt moved to approve Resolution No. 46-98,
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.
9.G. SETTLEMENT/MEDOR V. CITY: Consider settlement of the
referenced matter as recommended by the City Attorney.
Mr. Schmidt moved to approve settlement of Valicia
Medor v. City of Delray Beach as recommended by the City Attor-
ney. The motion was seconded by Mr. Ellingsworth. 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.H. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/LEDBETTER
ELECTRIC (MILLER PARK LITTLE LEAGUE FIELD #1 EMERGENCY ELECTRICAL
REPAIRS): Consider approval of closeout change order #1 in the
net deduct amount of $4,376.07 and final payment in the amount of
$1,704.05 to Ledbetter Electric, Inc. for completion of the
Miller Park Little League Field #1 emergency electrical repairs
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project; with funding from 334-4173-572-63.90 (Miller Park
Lighting).
Item 9.H., added to this agenda by addendum, was
postponed to the City Commission regular meeting of August 18,
1998, at the request of the applicant.
At this time, the Commission moved to Item 11 on the
agenda.
11. Comments and Inquiries on Non-Agenda Items from the
Public Immediately following Public Hearings.
ll.A. City Manager's response to prior public comments and
inquiries.
The City Manager had no responses to prior public
comments and inquiries at this time.
ll.B. From the Public.
There were no comments or inquiries from the public.
12. FIRST READINGS:
12.A. ORDINANCE NO. 29-98: An ordinance amending Section
5.3.1(D), "Right-of-Way Dimensions", of the Land Development
Regulations to provide that requests for a reduction of right-
of-way width required for existing streets shall be under the
administrative authority of the City Engineer. If passed, a
public hearing will be scheduled for August 18, 1998.
The City Manager presented Ordinance No. 29-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 5.3.1, "STREETS (RIGHTS-OF-WAY)",
SUBSECTION 5.3.1.(D), "RIGHT-OF-WAY DIMEN-
SIONS'', OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO PROVIDE THAT
REQUESTS FOR A REDUCTION OF RIGHT-OF-WAY
WIDTH REQUIRED FOR EXISTING STREETS SHALL BE
UNDER THE ADMINISTRATIVE AUTHORITY OF THE
CITY ENGINEER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 29-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Acting Director of Planning and Zoning,
stated that the Commission reviewed similar changes at the June
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2nd regular meeting at which time the proposed amendment was
denied. Staff was directed to modify the proposal to allow
right-of-way reductions to be approved administratively by the
City Engineer only in developments having existing roads. Where
new streets are created, any requests for right-of-way reductions
would continue to require approval of the body having the author-
ity over the associated development approval. On July 20, 1998,
the Planning and Zoning Board considered the text amendment as
revised and voted unanimously to recommend that it be approved.
In light of questions that arise from time to time
concerning reduction of right-of-way widths, the City Manager
suggested that it might be more appropriate for this to go to the
Development Services Management Group (DSMG) instead of the City
Engineer individually, or perhaps have the City Engineer grant
the actual approval upon a favorable recommendation from DSMG.
Upon discussion, it was the Commission's consensus to accept this
change and incorporate it into the ordinance.
Mr. Schmidt moved to approve Ordinance No. 29-98, as
modified, on FIRST Reading, 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.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
The City Manager reported that some recent actions
taken by the Commission (e.g. the towing franchise fee and the
increase in business license fees) have enabled staff to increase
the revenue estimates by another $173,000.00, giving the Commis-
sion $393,000 to work with at this point. There are two things
he would like to fund for the Fire Department. They want to
start converting to the higher capacity self-contained breathing
apparatus and then there are the additional 12-lead EKG units.
These two items would amount to about $90,000, but beyond that
the Commission can look at prioritization of other requests or
further millage reduction. There is enough there to cut a tenth
of a mill.
The City Manager also advised that the Water and Sewer
budget is still being worked on, but should be ready for distri-
bution by next Tuesday's workshop.
13.B. City Attorney.
The City Attorney congratulated Assistant City Attor-
neys Brian Shutt and Cathy Kozol for the fine job they did at a
recent trial where they were able to obtain a verdict in favor of
the City. They did a great job and are to be commended for their
efforts.
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13.C. City Commission.
13.C.1. Commissioner Ellinqsworth reported that at the August
3rd Intergovernmental Coordination Council meeting, a subcommit-
tee made a recommendation to the board that they go on record as
favoring an ad valorem tax bond issue to support beach restora-
tion should the federal government withdraw its support for same.
Mr. Ellingsworth stated that he, along with a number of others,
felt it was kind of premature and voted not to vote on it at that
time but to put it to a later date and try to feel out our
Commissions about the idea of going on record on anything at this
time relative to bond issues. It was the consensus of the
Commission to support the position expressed by Mr. Ellingsworth.
13.C.2. Commissioner Randolph expressed concern about the
increasing problems he has noticed with traffic in residential
neighborhoods. He feels it is getting out of hand with people
exceeding the speed limits and just plain driving recklessly. It
makes it extremely dangerous for neighborhood children and adults
as well. He commented it would take the entire Police Department
to stop it all over town, but feels it is a serious enough
problem that it needs to be looked at and addressed quickly. One
possibility might be to get with neighborhood associations to see
if we can encourage some form of traffic calming to try to slow
things down. Along this same line, another thing that irritates
him is people who stop in the middle of the road and hold three
to five minute conversations. If the person behind them beeps
the horn or something, they get all put out about it. Mr.
Randolph also commented that just the other day at 12th Avenue
and Atlantic he saw someone run the light which was clearly red.
Again, he doesn't know what can be done but these are the types
of things that make living in some neighborhoods very difficult.
As far as traffic signals are concerned, the City
Manager stated there was a bill introduced in the Legislature
this year that did not pass but would have allowed for a camera
to be set up at an intersection to photograph people who run red
lights. They are then issued a ticket based on the photograph.
The Manager thought the bill would probably be introduced again,
but suggested speaking to our legislators to let them know it is
something they should seriously consider.
13.C.3. Commissioner Schmidt commented that a delegation from
our Sister City of Miyazu visited Delray Beach for a couple of
days last week and then went on to the Sister Cities Convention
which was held in Miami Beach this year. Mr. Schmidt was pleased
to inform the Commission that one of our student delegates, Brad
Francis, was elected Vice-President of the National Youth Organ-
ization for Sister Cities. Brad will be a Junior at Atlantic
High School this year and is also going to be Junior Class
President. The City should be very proud of him.
13.C.4. Mayor Alperin commented that he, too, is very frustrat-
ed with traffic problems in residential areas and he sees alot of
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it in his own neighborhood with people speeding and running stop
signs. While it may not sound like a great thing, the Mayor
asked about the feasibility of putting more traffic cops out on
the street and using the extra money generated by the tickets
they write to justify their salaries. He felt that actually
getting the manpower out there is what will make a difference.
Otherwise, people don't care how they drive because there are no
consequences.
The City Manager suggested talking to the Police Chief
about this issue during budget discussions.
Secondly, Mayor Alperin commented that the land devel-
opment board appointments are coming up soon. He turned his book
in a month or so ago and needs to have it returned with the
updated applications.
At this point, the time being 6:40 p.m., Mayor Alperin
declared a recess until either 7:00 p.m. for the public hearings
or until Senator Klein arrives at the meeting to present his
legislative update.
Senator Klein having arrived, Mayor Alperin reconvened
the meeting at 6:50 p.m.
7.D. Senator Ron Klein - Legislative Update (expected
arrival 6:45 to 7:00 p.m.).
Senator Klein stated he makes it a point to get back to
all of the municipalities and counties that he represents to give
an update at the end of each legislative session. During the
1998 session, the budget was passed on time and without any
increase in taxes. Florida's economy has been strong and the
sales tax collections around the state have been very strong. In
addition, there is the first installment of the tobacco settle-
ment of $750,000,000. A relatively small portion of the money is
still tied up with the fight over legal fees, but most of it is
available and is being appropriated largely for children's
education and preventative programs. As time goes on, some of
the money will be spent on various programs to assist senior
citizens, many of whom have been affected by tobacco-related
illnesses.
Senator Klein then reviewed some of the legislation
that he sponsored and successfully passed this year, such as the
vehicle emissions testing bill which will sharply decrease car
emission inspections in Palm Beach and Broward Counties, and the
Alzheimer/Memory Disorder Clinic legislation (SB 756) which will
establish a memory disorder clinic at St. Mary's Medical Center
in Palm Beach County for the purpose of studying Alzheimer's
Disease and other memory disabilities and to educate and train
people to assist persons affected by these diseases. Also, the
South County Jury District legislation (SB 552) which will allow
the County Commission, in conjunction with the Chief Judge, to
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create multiple jury districts that meet constitutionally re-
quired racial breakdowns. This bill will permit large counties
such as Palm Beach and Broward Counties to conduct jury trials
for the convenience of jurors and those utilizing the courts; and
the "Jimmy Ryce Act of 1998" (SB 646) which establishes proce-
dures for a person convicted of sexually violent offenses to be
classified as a "sexually violent predator". Prior to being
released from prison, a person determined to be a sexually
violent predator can be committed to a secure treatment facility.
This law will help to keep Florida's children safe in their
neighborhoods from the threat of sexual predators who habitually
commit these acts.
In conclusion, Senator Klein stated that one of the
projects being worked on during the summer is trying to find ways
to encourage competition in our telecommunications businesses in
the state, especially at the local level.
Mayor Alperin stated that one item of concern to Delray
Beach and basically to every municipality in the state is related
to Governor Chiles' veto of the police and firefighters pension
bill. If this bill is passed by veto override, it is going to
cost the taxpayers a considerable amount of money. Mayor Alperin
stressed there needs to be a balance between what is fair to
police and firefighters and what is fair to the rest of the
taxpayers. He noted that the vote in both the House and the
Senate were nearly unanimous to pass the bills and now there is
talk of trying to override the Governor's veto. He expressed
concern that all of the efforts to alert our legislators about
the City's concerns seemed to be ignored, and asked Senator Klein
to think seriously about this issue.
The City Manager added that what makes it even more
complex for the City is that a number of years ago we entered
into a contractual agreement to settle the extra benefits dis-
pute. The City is supposed to do certain things under that
agreement that we believe would conflict with what the law would
require us to do. So we would have a contract issue and could
foresee extensive litigation over that in addition to everything
else. In certain aspects, the legislation would have required
the City to do less than what was bargained for. There are a few
provisions where the City does not meet Chapter 175/185 minimums;
in other cases we greatly exceed those minimums, but there is no
provision in the bill to allow one to offset the other on an
actuarial basis.
Senator Klein acknowledged this as an important point
and asked the City Attorney to send him information in this
regard.
At this point, the time being 7:05 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 27-98 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending LDR Section 4.4.9, "General
Commercial (GC) District", to allow 'Astrologists, Clairvoyants,
Fortune Tellers, Palmists, Phrenologists, Psychic Readers,
Spiritualists, Numerologists and Mental Healers' as a permitted
use within certain areas of the GC zone district; amending
Subsection 4.4.9(H), "Special Regulations", to provide location
and distance restrictions for said use; and amending Section
110.15, "License Tax Schedule", of the City Code by adding
'Psychic Readers' 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.
The City Manager presented Ordinance No. 27-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO ALLOW 'ASTROLOGISTS, CLAIRVOYANTS,
FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS,
PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS
AND MENTAL HEALERS' AS A PERMITTED USE WITHIN
CERTAIN AREAS OF THE GC ZONE DISTRICT;
AMENDING SUBSECTION 4.4.9(H), "SPECIAL
REGULATIONS" TO PROVIDE LOCATION AND DIS-
TANCE RESTRICTIONS FOR SAID USE; AMENDING
CHAPTER 110, "OCCUPATIONAL LICENSES GENERAL-
LY'', SECTION 110.15 "LICENSE TAX SCHEDULE",
BY ADDING 'PSYCHIC READERS' TO THE 'ASTROLO-
GISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALM-
ISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLO-
GISTS AND MENTAL HEALERS' CLASSIFICATION;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-98 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.
Paul Dorling, Acting Director of Planning and Zoning,
stated the proposed text amendment will allow these uses on the
Federal Highway pairs between S.E. 3rd Street and S.E. 10th
Street, and between N.E. 4th Street to N.E. 7th Street. The
Planning and Zoning Board considered the proposal on July 20,
1998, and voted unanimously to recommend approval.
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Mayor Alperin declared the public hearing open. There
being no one who wished to address the Commission, the public
hearing was closed.
Mr. Schmidt moved to approve Ordinance No. 27-98 on
Second and FINAL Reading, seconded by Mr. Ellingsworth. 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.
10.B. ORDINANCE NO. 28-98: An ordinance amending Chapter
110, "Occupational Licenses Generally", Section 110.15, "License
Tax Schedule", of the City Code to provide for a four percent
increase in all occupational license tax fees effective October
1, 1998. 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.
The City Manager presented Ordinance No. 28-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 110, "OCCUPATIONAL LICENSES GENERAL-
LY'', SECTION 110.15, "LICENSE TAX SCHEDULE",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, TO PROVIDE FOR AN INCREASE IN
OCCUPATIONAL LICENSE FEES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-98 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. There
being no one who wished to address the Commission, the public
hearing was closed.
Mr. Ellingsworth moved to approve Ordinance No. 28-98
on Second and FINAL Reading, 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.
10.C. CONSOLIDATED ACTION PLAN FY 1998/99 FOR ALLOCATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Conduct a public
hearing and consider approval of the Consolidated Action Plan for
Fiscal Year 1998/99 in compliance with Federal guidelines govern-
ing the use of Community Development Block Grant (CDBG) funds.
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Lula Butler, Director of Community Improvement, report-
ed that a needs assessment meeting was held on June 18, 1998, at
Pompey Park for the purpose of receiving input on the proposed
use of the dollars. All subrecipients as well as residents of
the target area were invited to attend and comment on the pro-
posed allocations. The CDBG allocation for FY 1999 is $619,000.
Mayor Alperin declared the public hearing open.
Shirley Johnson, 701 N.W. 4th Street, President of the
Paradise Heiqhts Homeowners Association, expressed some concern
about not enough funding being provided for some of the summer
programs and other needs discussed at the assessment meeting
which were not given any funding. She commented that since the
meeting was held at the beginning of the summer, the children's
programs seemed to be one of the bigger items.
In response, Ms. Butler explained that the program is
capped at 15% of the annual allocation for subrecipient activi-
ties such as Mad Dads and the Urban League. This year there was
a request from the "I Have A Dream" Foundation which could not be
funded. To do so would have meant taking money from somebody
else which is very difficult when organizations are continuing to
do good work and are performing consistently. Because the City's
funding allocation was reduced this year, we also had to reduce
proportionately the amount given to each of the four subrecip-
lents already funded. Ms. Butler noted the program has not been
able to pick up a new organization in the last two years. She
further commented that the Delray Beach Housing Authority did
fund the summer camp program for "I Have A Dream", and it is
operating.
There being no one else who wished to address the
Commission, the public hearing was closed.
Mr. Randolph moved to approve the Consolidated Action
Plan for FY 1998/99 and authorize its submission to HUD, seconded
by Mr. Ellingsworth. 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.
At this point, Mayor Alperin asked if there were any
additional public comments or inquiries on non-agendaed items
from anyone who was not present at the meeting prior to 7:00
p.m.? There were no additional comments from the public.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:15 p.m.
- J Cit~ c~erk '
ATTEST:
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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 held on August 4, 1998, which
minu~s were formally approved and adopted by the City Commission
on ~~~ /~. /~9~ ·
,
~ Ci~y-~rk '--- !
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.
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