08-18-98 AUGUST 18, 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,
August 18, 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 Rabbi Wender with
Temple Sinai.
The Pledge of Allegiance to the flag of the United
States of America was given.
4. Aqenda Approval.
The City Manager stated Item 9.D., Request for Release
of Liens, should be removed from the agenda at the request of Mr.
Smith. Also, a request for postponement has been received for
Item 9.A., Appeal of Site Plan Review and Appearance Board Action
(Formano Properties).
Mayor Alperin noted the new request for postponement
received for Item 9.B., Conditional Use Request/Villas Delray.
On August 4th, this item was postponed at the applicant's request
to August 18, 1998. The applicant is now requesting an addition-
al postponement until September 15, 1998. In this regard, Mr.
Ellingsworth commented there are people in the audience who have
come out twice now for this item and he felt it was unfair to
them to come to the meetings and then have the item postponed.
If the conditional use request for Villas Delray is to be post-
poned again, he felt it should be to a date certain with the
understanding there will be no further postponements. The
Commission concurred, postponing the item to the date certain of
September 15, 1998, with notice to the applicant that the hearing
will be held on that date.
Mayor Alperin further noted a request for postponement
for Item 9.H., Palm Acts Contract, which will be discussed at the
time the item is considered on tonight's agenda.
Mr. Randolph moved to approve the agenda as amended,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed
with a 5 to 0 vote.
5. ADproval of Minutes:
Mr. Schmidt moved to approve the Minutes of the Regular
Meeting of August 4, 1998, 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.
6. Proclamations:
6.A. Recognizing and commendinq the 1998 Delray Beach Ocean
Rescue Junior Lifeguards.
Mayor Alperin read and presented a proclamation recog-
nizing and commending the 41 participants in the 1998 Delray
Beach Ocean Rescue Junior Lifeguards program. He then presented
the Junior Lifeguards with certificates and badges acknowledging
their achievements. The 1998 Junior Lifeguards are as follows:
Daniela Adriaenssens J.W. Black Caroline Brewer
Alison Bull Stuart Bull Alyssa Castor
Michael Chanley Keri Debowes Josh Denahan
Shannon Driscoll Kiera Dunn Lyndi English
Keith Fontes Nicole Fontes Michael ~oranson
Cale Hobson Ross Jones Zac Jones
Jillian Kenney Kyle Kirk Samantha Marrone
Rennie McCollum Holden Miller Jeffrey Mroz
Corey Pearson Laura Quintero Billy Robertson
Bren Santini Lia Santos Matthew Saunders
Allison Segal Jason Sjaardema J.J. Sjaardema
Blaikie Snyder Lauren Snyder Jeff Stanton
Michael Talovelli Jay Vanderlyn Vance Vlasek
Jennifer Wallin Billy Wheeler
6.B. Of Note:
6.B.1. Literacy Awareness Month - September, 1998
Mayor Alperin noted that September, 1998, is Literacy
Awareness Month in Delray Beach and urged all citizens interested
in acquiring services or information regarding literacy to
contact the Palm Beach County Literacy Coalition.
6.B.2. International Day of Peace - September 15, 1998
Mayor Alperin noted that September 15, 1998, will be
recognized as the International Day of Peace.
2 08/18/98
7.. Presentations:
7.A. Perry DonFrancisco - Delray Citizens for Delray Police
Annual Scholarship Presentation to Melissa Schroeder.
Mr. DonFrancisco stated this is the 12th annual schol-
arship presentation to a child of a sworn officer of the Delray
Beach Police Department. Over the last twelve years, Delray
Citizens for Delray Police has been responsible for over 20
scholarships. This year's recipient is Melissa Schroeder, a
nursing major, who will be attending the University of Central
Florida in conjunction with Florida Atlantic University. Mr.
DonFrancisco then presented the scholarship award in the amount
of $500.00 to her father, Major Larry Schroeder, on behalf of
Melissa who was unable to attend tonight's meeting. Major
Schroeder came forward to accept the award and thanked Mr.
DonFrancisco and Delray Citizens for Delray Police for all of
their hard work and efforts in support of the Police Department.
On behalf of the City Commission, Mayor Alperin extend-
ed congratulations and best wishes to Ms. Schroeder.
Mr. DonFrancisco then stated that the 12th Annual Labor
Day Police Challenge will again be sponsored by Delray Citizens
for Delray Police on Monday, September 7, 1998, at Delray's
municipal beach.
7.B. Maureen Hanley, BankAtlantic, in recoqnition of the
200th home loan under the Delray Beach Renaissance Proqram.
Ms. Hanley, Affordable Housing Lending Specialist with
BankAtlantic, expressed her appreciation to the Commission for
the City's support and assistance in making home ownership
opportunities available to local residents. BankAtlantic has
recently completed its 200th loan to Ms. Angela Wilkerson to help
her buy her first home. Ms. Hanley then introduced Ms. Marcilla
Berry-Smith, Vice President of Community Development with BankAt-
lantic. Ms. Berry-Smith also thanked the City for its support of
affordable housing programs, noting that it is public and private
partnerships such as the Renaissance Program that make the
difference for the first time homebuyer in the iow to moderate
income category. Ms. Berry-Smith then presented Ms. Wilkerson
with heartfelt congratulations and a housewarming gift for her
new home.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/LOUISBOURG
CONSTRUCTION CORPORATION (SILVER TERRACE IMPROVEMENTS): Approve
closeout Change Order #1 in the net deduct amount of $62,694.75
and final payment in the amount of $33,448.26 for completion of
the Silver Terrace roadway and utility improvements project, with
funding in the amount of $32,314.53 from 118-1965-554-61.20
(Community Development Capital Outlay - Silver Terrace Road) and
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$1,133.73 from 441-5161-536-63.47 (Water & Sewer Capital Outlay -
Silver Terrace).
8.B. CONTRACT ADDITION (C.O. #i)/INTERCOUNTY FOUNDATION,
INC. (LAKEVIEW CLUBHOUSE DRAINAGE): Approve a contract addition
(C.O. #1) in the amount of $15,000.00 with Intercounty Founda-
tion, Inc. under the Bucida Road Water Main and Drainage Improve-
ments contract for the relocation of existing storm drainage at
the Lakeview Golf Course clubhouse, with funding from
448-5411-538-63.67 (Stormwater - Lakeview).
8.C. CONTRACT ADDITION (C.O. ~i)/PAVEX CORPORATION (CART
PATHS AT LAKEVIEW GOLF COURSE): Approve a contract addition
(C.O. #1) in the amount of $43,800.00 with Pavex Corporation
under the 1998 Resurfacing Street Resurfacing Projects contract
for cart path construction and resurfacing/widening at the
Lakeview Golf Course, with funding from 446-4761-572-63.90
(Lakeview Golf Course Capital Outlay - Other Improvements).
8.D. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve funding subsidies in the total amount of
$48,350.00 for four (4) income eligible applicants under the
Delray Beach Renaissance Program, with funding from
118-1924-554-83.01 (SHIP Program).
8.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period August 3rd through August 14, 1998.
8.F. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $15,650 to
Golf Management Systems, Inc. for specialized pro
shop hardware and software; and purchase award in
the amount of $5,235.00 to Gateway, via State
contract, for three E-3000 233 computers to
operate the new system, with funding in the amount
of $5,590 from 445-4713-572-64.11 (Municipal Golf
Course Pro Shop/Computer Hardware), $7,875 from
445-4713-572-66.10 (Pro Shop/Computer Software),
$3,195 from 446-4713-572-64.11 (Lakeview Golf
Course Pro Shop/Computer Hardware), and $4,225
from 446-4713-572-66.10 (Lakeview Pro Shop/
Computer Software).
2. Bid award in the amount of $106,800 to Club Car,
Inc. for the purchase of eighty (80) golf carts,
with funding from 445-4713-572-44.90 (Municipal
Golf Course Pro Shop Other Rental/Lease Costs).
Once approved, lease/purchase financing will be
secured for approximate annual payments of $30,000
based on 4.75% over 48 months.
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3. Purchase award in the total amount of $14,996.25
to Laerdal Medical Corp. for five (5) Automatic
Electronic Defibrillators (AED) for use by the
Fire Department, with funding from
115-2311-522-64.90 (Special Projects Fire
Department - Other Machinery/Equipment).
4. Purchase award in the total amount of $10,395.00
to P.B.& S. Chemical Company for the purchase of
potassium permanganate to be used for testing for
color reduction in the water, with funding from
441-5122-536-52.21 (Water Treatment and
Storage/Chemicals).
5. Purchase award in the total amount of $12,450.00
to Eimco Process Equipment Company, sole source
provider, for the purchase of preventative
maintenance replacement parts for the vacuum
filters at the Water Treatment Plant, with funding
from 441-5122-536-46.20 (Water Treatment and
Storage/Equipment Maintenance).
6. Bid award for multiple annual contracts in the
estimated annual amount of $81,974.75 to various
vendors (Hardrives of Delray, L.B. Trucking &
Construction, D.S. Eakins Construction, and
Cabrera & Rego) for various road construction
materials, with funding from Streets Division and
Construction Division FY 1999 operating budgets.
Mr. Ellingsworth moved to approve the consent agenda,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
Consider an appeal of SPRAB's action to approve the Class III
site plan modification, landscape plan and architectural
elevations associated with the renovation of an existing
commercial building and construction of an off-site parking lot
for Formano Properties, specifically as to the dedication of
right-of-way. The subject property is located on N.E. 4th
Avenue, between N.E. 2nd and 3rd Streets. QUASI-JUDICIAL
PROCEEDING
THIS ITEM WAS POSTPONED TO THE SEPTEMBER 15, 1998, CITY
COMMISSION REGULAR MEETING.
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
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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 SEPTEMBER 15, 1998, CITY
COMMISSION REGULAR MEETING.
9.C. 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
project; with funding from 334-4173-572-63.90 (Miller Park
Lighting).
Howard Wight, Deputy Director of Construction,
explained the rationale for the staff recommendation, noting that
the deduct change order is primarily the residual amount on a
$5,000 contingency allowance which was placed in the contract to
cover unforeseen field changes and conflicts that might have
occurred on the project. Mr. Wight stated the contractor,
Ledbetter Electric, has submitted for some additional extras
which staff has reviewed and determined to be items which should
have been included in the base bid.
Speaking on behalf of Ledbetter Electric was Mr. Bill
Prey, who stated that the total contract price was for
$59,006.00. There is no mention in the contract about any
requirements or regulations having to do with the contingency
allowance or how it is to be obtained. The purchase order was
issued for $59,006.00 and nowhere was there any mention made as
to the disbursement of these funds. Mr. Prey stated that it was
not until the job was completed and inquiry made by Ledbetter to
staff on how to invoice the job that Ledbetter was informed
certain criteria would have to be met. Mr. Prey objected
strongly to this, stating that all of the charges requested are
legitimate.
Also speaking for Ledbetter Electric was Saralyn
Ledbetter Buzen, who expressed her displeasure with how this
contract has been handled by the City. She stated Ledbetter
Electric has done a good deal of work for the City over the years
and has always been fair in those dealings. Mrs. Buzen went on
to refute several of the assertions made by Dan Thompson, P.E.,
of Thompson Engineering Consultants, in his letter dated July 3,
1998, to Mr. Wight concerning the appropriateness of some of the
items claimed against the contingency by Ledbetter Electric.
Discussion by the Commission followed, including a
review of the disputed items.
08/18/98
Mr. Egan moved to approve payment of $3,000.00 of the
$5,000.00 contingency allowance in addition to the retainage.
The motion was seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -
No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 4 to 1 vote.
9.D. THIS ITEM WAS REMOVED FROM THE AGENDA.
9.E. REQUEST FOR REDUCTION OF LIEN: Consider a request from
Dennis and Emilie Hoinig to waive the accrued interest and
administrative fees assessed against a vacant tract of land
adjacent to their property at 526 N.W. 8th Avenue.
The City Manager stated he is very pleased to see that
the neighbors want to buy this lot. As it is now, yard trash
gets dumped on it almost every week and it will be an asset to
the neighborhood if it divided between the neighbors and
incorporated into their yards.
Mr. Schmidt moved to approve a reduction of the lien
from $1,420 to $504 to facilitate the purchase of the lot. The
motion was seconded by Mr. Egan. 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.F. REQUEST FOR ADDITIONAL FUNDING FROM THE JOINT VENTURE:
Consider a request from the Joint Venture for additional funding
in the amount of $5,000 to help offset a budget shortfall
incurred as the result of unanticipated expenses related to the
Christmas Tree project.
Michael Listick, Chairman of the Downtown Development
Authority and Chairman of the Joint Venture, addressed the
Commission concerning the additional funding request to help
defray the budget shortfall related to the Christmas Tree project
which ran at a $20,000 deficit last year. Mr. Listick emphasized
the benefits of this project to the entire community and urged
the Commission to approve a $5,000 allocation as the City's share
to offset the shortfall. The balance of $15,000 will be
contributed by the Chamber of Commerce, the Downtown Development
Authority and the Community Redevelopment Agency.
Mr. Egan stated the Chamber of Commerce, the DDA and
the CRA put a great deal of money, time and effort into the
teamwork that is needed to put on all of the events that take
place in Delray. By doing so, they have taken a tremendous load
off of the City. If they were to go away tomorrow, the City
would be hard pressed to match their efforts. Mr. Egan stated he
supports the request for additional funding and will be speaking
further on the Joint Venture at next week's workshop meeting.
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Mr. Egan moved to approve the Joint Venture's request
for additional funding in the amount of $5,000.00, seconded by
Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed
with a 5 to 0 vote.
Prior to roll call, Mr. Randolph stated that while he
will support this particular request, he feels this is something
the Commission will have to look at in the future. There is no
doubt the Christmas Tree is wonderful for the entire community;
however, if the costs are going to continue to escalate, it is
something that will have to be looked at closely. Mayor Alperin
concurred with Mr. Randolph's remarks.
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. 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. 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. 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
DIMENSIONS", 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. 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.
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Mayor Alperin declared the public hearing open. There
being no one who wished to speak on the ordinance, the public
hearing was closed.
Mr. Ellingsworth moved to approve Ordinance No. 29-98
on Second and FINAL Reading, 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.
It was the consensus of the City Commission to consider
Item 10.B., Ordinance No. 30-98, and Item 10.C., Ordinance No.
31-98, together since they both relate to the same subject matter
of adult entertainment, and to conduct a combined public hearing
for both ordinances.
10.B. ORDINANCE NO. 30-98 (FIRST READING/FIRST PUBLIC HEAR-
IN~): An ordinance amending the LDRs by removing adult enter-
tainment uses as conditional uses in the GC and MIC zoning
districts and allowing adult entertainment uses as permitted uses
in the MIC zoning district; and providing for the further regula-
tion of adult entertainment uses within the City of Delray Beach.
If passed, a second public hearing will be scheduled for Septem-
ber 8, 1998 at 6:00 p.m.
The City Manager presented Ordinance No. 30-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4, "ZONING REGULATIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 4.3.3(AA), "ADULT ENTERTAIN-
MENT ESTABLISHMENTS", BY AMENDING SECTION
4.3.3(AA) (1), TO PROVIDE THAT ADULT ENTER-
TAINMENT USES SHALL NOT BE ALLOWED ON PROPER-
TIES WITH FRONTAGE ON ARTERIAL ROADS OR
LOCATED EAST OF THE CSX RAILROAD TRACKS,
ELIMINATING THE DISTANCE REQUIREMENT BETWEEN
ADULT ENTERTAINMENT ESTABLISHMENTS, DELETING
REFERENCES TO SPECIAL CONDITIONS; BY AMENDING
SUBSECTION 4.3.3(AA) (2), TO PROVIDE CLARIFI-
CATION OF DISTANCE REQUIREMENTS FROM USES
REGULARLY FREQUENTED BY THE GENERAL PUBLIC
AND PROVIDING FOR AN EXCEPTION; BY AMENDING
SECTION 4.3.3(AA) (3), TO PROVIDE MEASUREMENT
CRITERIA FROM ESTABLISHMENTS SERVING ALCOHOL-
IC BEVERAGES; BY ENACTING SECTION
4.3.3(AA) (5), TO EXCLUDE ADULT ENTERTAINMENT
USES IN HISTORIC DISTRICTS, ON HISTORIC SITES
AND PROPERTIES, AND PROVIDING FOR AN EXCEP-
TION; BY ENACTING SECTION 4.3.3(AA)(6), TO
PROVIDE MINIMUM FLOOR AREA REQUIREMENTS; BY
ENACTING SECTION 4.3.3(AA) (7), TO PROVIDE
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THAT PERFORMANCES AND ENTERTAINMENT MUST BE
FROM A STAGE, SETTING FORTH MINIMUM STAGE
SIZE REQUIREMENTS, AND SEPARATION REQUIRE-
MENTS FOR NUDE OR PARTIALLY NUDE PERFORM-
ERS/ENTERTAINERS OR EMPLOYEES FROM CUSTOMERS,
PATRONS, PERFORMERS, ENTERTAINERS OR EMPLOY-
EES; BY AMENDING SECTION 4.4.9(D) "CONDITION-
AL USES AND STRUCTURES ALLOWED" SUBSECTION
.
4.4.9 (D) (1) , DELETING ADULT ENTERTAINMENT
USES AS A CONDITIONAL USE IN THE GENERAL
COMMERCIAL (GC) ZONING DISTRICT AND PROVIDING
FOR RENUMBERING; BY AMENDING SECTION
4.4.19(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", BY ADDING SUBSECTION
4.4.19(B) (7), TO PROVIDE FOR ADULT ENTERTAIN-
MENT USES AS A PERMITTED USE IN THE MIXED
INDUSTRIAL AND COMMERCIAL (MIC) ZONING
DISTRICT; BY AMENDING SECTION 4.4.19(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", BY
DELETING SECTION 4.4.19(D) (1), DELETING ADULT
ENTERTAINMENT USES AS A CONDITIONAL USE IN
THE MIXED INDUSTRIAL AND COMMERCIAL (MIC)
ZONING DISTRICT AND PROVIDING FOR RENUMBER-
ING; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-98 is on file in
the City Clerk's office.)
10.C. ORDINANCE NO. 31-98 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending the LDRs by removing adult enter-
tainment uses as a conditional use in the GC zoning district; and
providing for the further regulation of adult entertainment uses
within the City of Delray Beach. If passed, a second public
hearing will be scheduled for September 8, 1998, at 6:00 p.m.
The City Manager presented Ordinance No. 31-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4, "ZONING REGULATIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 4.3.3(AA), "ADULT ENTERTAIN-
MENT ESTABLISHMENTS", BY AMENDING SUBSECTION
4.3.3(AA) (1), TO PROVIDE THAT NO ADULT
ENTERTAINMENT USES SHALL BE ALLOWED ON
PROPERTIES WITH FRONTAGE ON AN ARTERIAL ROAD
OR LOCATED EAST OF THE CSX RAILROAD TRACKS,
ELIMINATING THE DISTANCE REQUIREMENTS FROM
ADULT ENTERTAINMENT ESTABLISHMENTS, AND
DELETING REFERENCES TO SPECIAL CONDITIONS; BY
AMENDING SUBSECTION 4.3.3(AA) (2), TO PROVIDE
CLARIFICATION OF DISTANCE REQUIREMENTS FROM
08/18/98
USES REGULARLY FREQUENTED BY THE GENERAL
PUBLIC AND PROVIDING AN EXCEPTION; BY AMEND-
ING SUBSECTION 4.3.3(AA) (3), TO PROVIDE
MEASUREMENT CRITERIA FROM ALCOHOLIC BEVERAGE
ESTABLISHMENTS; BY ENACTING SUBSECTION
4.3.3(AA) (5) TO EXCLUDE ADULT ENTERTAINMENT
USES IN HISTORIC DISTRICTS AND ON HISTORIC
SITES OR PROPERTIES AND PROVIDING AN EXCEP-
TION; BY ENACTING A NEW SUBSECTION
4.3.3(AA) (6), TO PROVIDE MINIMUM FLOOR AREA
REQUIREMENTS; BY ENACTING A NEW SUBSECTION
4.3.3 (AA) (7), TO PROVIDE THAT PERFORMANCES
AND ENTERTAINMENT MUST BE FROM A STAGE,
SETTING MINIMUM STAGE SIZE REQUIREMENTS AND
SEPARATION REQUIREMENTS FOR NUDE OR PARTIALLY
NUDE PERFORMERS/ENTERTAINERS AND EMPLOYEES
FROM CUSTOMERS, PATRONS, PERFORMERS, ENTER-
TAINERS OR EMPLOYEES; BY AMENDING SECTION
4.4.9(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED" BY OMITTING SUBSECTION 4.4.9(D) (1),
TO DELET~ ADULT ENTERTAINMENT USES AS CONDI-
TIONAL USES IN THE GENERAL COMMERCIAL (GC)
ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 31-98 is on file in
the City Clerk's office.)
The City Attorney read the captions of both ordinances.
She noted that Ordinance No. 30-98 provides for adult entertain-
ment uses as permitted uses in the Mixed Industrial and Commer-
cial (MIC) zoning district, while Ordinance No. 31-98 provides
for adult entertainment uses as conditional uses in the MIC
district.
Prior to opening the public hearing, Mayor Alperin
stated the City's legal staff has done extensive research in an
effort to develop an ordinance that will be legally defensible.
He acknowledged that the community may not want to have these
kinds of uses in the City, but legally they cannot be prohibited.
To that end, the objective is to enact an ordinance which will
provide for these uses but at the same time have the least
possible impact.
At this point, the City Attorney stated that she has
filed with the City Clerk for the record a package of case
studies and reports which are mentioned in the proposed ordinanc-
es. These studies and reports will show that there are certain
secondary affects from adult entertainment uses that can be
regulated, but the use in and of itself cannot be prohibited
simply on moral grounds.
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Mayor Alperin declared the public hearing open.
Speaking from the audience were the following:
Donald All,rove, resident of Rainberry Lake, expressed
concern about the potential for adult entertainment uses to draw
undesirable activities such as prostitution and illegal drugs
into the community. Recognizing that the U.S. Supreme Court has
ruled these types of uses have to be accommodated, Mr. Allgrove
asked how much power the local municipality has as far as the
control of this mandate?
In response, the City Attorney stated the City can
regulate the time, place and manner of the use; the City cannot
prohibit the activity itself.
In conclusion, Mr. Allgrove stated he would prefer to
see the use allowed in some other location in the City other than
where is currently being considered (i.e. in the MIC zone on the
east side of Congress Avenue, north of Atlantic Avenue).
Jay Slavin, resident of Rainberry Bay, voiced her
strong opposition to allowing this type of use on Congress Avenue
or anywhere in the City. She expressed the opinion that Delray
Beach has gotten too much of the "garbage" and it should be
stopped. Ms. Slavin stated Congress Avenue between Atlantic
Avenue and Lake Ida Road is finally starting to shape up and felt
it would be ludicrous to entertain the possibility of allowing
adult entertainment uses in this area.
Gerald DeFoe, 142 Mockinqbird Lane, Country Manors,
complimented the legal staff on crafting an ordinance which
includes as many restrictions as possible yet still accommodates
the Supreme Court mandate. Nonetheless, he felt there would be
tremendous public pressure put forth to try to encourage these
types of uses to go elsewhere.
Susie Simms, Chairman of Governmental Affairs for the
Chamber of Commerce, read the following statement into the
record: "The Greater Delray Beach Chamber of Commerce is, and
will always be, this community's strongest proponent of the free
enterprise system. However, our primary objective as a business
organization is to do whatever is necessary to ensure the econom-
ic health and vitality of Delray Beach. Free enterprise and
economic health will normally go hand in hand. There are excep-
tions and proposed zoning to allow adult entertainment in Delray
Beach is just such an exception.
"Economic development is not just printing nice bro-
chures, advertising what a great place Delray Beach is to live
and work, providing professional location assistance and other
information. Economic development is also about the community as
a desirable place to be; it's about image and attitude, people's
feelings and perceptions of the community. One of the reasons
that the Ail America City designation has been so important is
that it underscored Delray as a community that works together to
make the community better for all its citizens.
"Adult businesses, the elements and difficulties that
they bring with them, do not enhance image and attitude about our
city. In fact, they harm and detract from a city's image. We
encourage the City Commission to do everything within its legal
limits to prohibit adult businesses from locating in Delray
Beach. If the Supreme Court has determined that we must provide
locations within the city limits for adult entertainment, then we
encourage you to create a single district in as remote a location
as possible, one that requires conditional use permitting and
that can be closely monitored, with as many restrictions as are
allowed by law, to help ensure the safety and peace of mind of
our citizenry."
Alice Finst, 707 Place Tavant, urged the City Commis-
sion to require the conditional use process for any proposed
adult entertainment uses in the city.
Jerry Marshall, 2245 S.W. 22nd Avenue, felt the matter
should be tabled for a few weeks to allow more time to look at
ways in which adult entertainment uses can be further restricted
to the point where such uses won't be interested in trying to
locate in Delray Beach.
There being no one else who wished to address the City
Commission, the public hearing was closed.
For the record, the City Attorney stated the City
already has an ordinance on the books that would prohibit the
sale of alcoholic beverages at an adult entertainment establish-
ment.
Mr. Egan moved to approve Ordinance No. 30-98 on FIRST
Reading, 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.
Mr. Randolph moved to DENY Ordinance No. 31-98 on FIRST
Reading, seconded by Mr. Schmidt. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
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 prior comment about the condition of
the Spady House, the City Manager stated it is expected that the
08/ 8/98
rehabilitation of the house will start in January, 1999. Until
then, mowing and trash pickup are being performed by the Parks
Department and Public Works is taking care of getting the fence
fixed.
In response to the question raised about street light-
ing in the Paradise Heights area, the City Manager reported
Public Works has previously contacted our Florida Power & Light
representative to review this area to determine the current
lighting and potential for upgrading lighting fixtures on the
existing poles or the installation of additional poles with new
light fixtures. The FP&L representative has been away on vaca-
tion for two weeks and staff has not been able to get an update
on the lighting survey. Staff will continue to follow up on this
matter.
There was also a question raised about street lighting
improvements in the area south of Pine Grove Elementary School.
Staff will contact our FP&L representative to have a lighting
survey done in the area and then give us the results, including
the anticipated cost of upgrading the lighting in that area.
In response to the questions raised about street paving
in the Germantown area, the City Manager stated this is part of
Redevelopment Area #3 as identified in the Future Land Use Plan.
The redevelopment plan of this area is to be prepared in the next
fiscal year (1998/99). Comprehensive Plan Policy C-2.1 in the
Future Land Use Element states that until such time as a redevel-
opment plan is prepared and adopted for an area, public invest-
ment in terms of infrastructure shall be minimal. Once the
redevelopment plan is completed, then appropriate phasing of the
infrastructure, including streets and sidewalks, will be deter-
mined.
ll.B. From the Public.
11.B.1. Gerald DeFoe, 142 Mockingbird Lane, Country Manors,
addressed the Commission about the issue of federal grants. He
stated that according to the U.S. Department of Commerce Federal
Funds Report released in March, 1998, the State of Florida ranks
49th in the United Stated in terms of per capita federal aid. He
further noted that Florida's federal tax burden is 19th in the
United States, so it seems that Florida is getting shortchanged.
Mr. DeFoe felt it would be worthwhile to have the City's lobbyist
review this situation with our U.S. Representatives and Senators
in an effort to have the State of Florida moved out of the 49th
position.
Mr. DeFoe also commented on two House Bills {3501 and
3497) which recently became law without the Governor's signature,
and which provide for grants for moderate to high risk ventures
for compelling economic development impact. Simply stated, the
State of Florida is willing to give grants to assist in the
funding of small business ventures. Mr. DeFoe suggested this
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might be worth looking into to see if funds are available for use
without too many strings attached.
11.B.2. Josh Smith, Jr., 3616 Avenue de Gien, Chatelaine,
stated he addressed the City Commission in November, 1996, at
which time he voiced some concerns of concerned Black citizens.
At the following month's workshop he went into greater detail
regarding these concerns. The items of concern fell under the
jurisdiction of Police Chief Overman, Joe Weldon (Director of
Parks and Recreation), and Lula Butler (Director of Community
Improvement). Mr. Smith stated both Chief Overman and Mr. Weldon
responded promptly and appropriately to the expressed concerns;
however, he felt Mrs. Butler had not responded. Mr. Smith
continued that on August 6, 1998, he made a request in writing to
be placed on this evening's agenda. On Friday of last week, he
was informed that he had been placed on the agenda but found that
the agenda subject he had requested had been changed to one that
somebody else felt was appropriate. Mr. Smith stated that on
July 17, 1998, he sent detailed correspondence to the Mayor and
City Commissioners, the essence of which was what he had asked to
speak to the Commission about tonight. Mr. Smith stated his
request to speak on this subject was denied by the City Manager.
He further stated the subject focused on what he could only
describe as blatant discriminatory disregard for ethnic equity
and parity for Black citizens residing in the southwest and
northwest geographical areas of the City. Mr. Smith stated the
numbers and the facts speak for themselves. He requested infor-
mation from the City Manager and was refused answers. Therefore,
he was forced to request documents and information, analyze them
and determine the answers that the City refused to give him. Mr.
Smith stated he was before the Commission this evening to ask why
a law-abiding, tax-paying citizen is denied the opportunity to
address the Commission on any topic of his or her choice? He
continued that if the City can logically refute these gross
disparities and inequities, he would be more than willing to
retract his contentions and extend a very sincere apology to the
City of Delray Beach. Mr. Smith questioned if he would be able
to be placed on an agenda to address the Commission on the
subject which he felt was summarily dismissed by the City Manag-
er?
Mayor Alperin noted that a response would be provided
at the Commission's next regular meeting. He commented that Mr.
Smith had the opportunity to address the Commission at tonight's
meeting although the Mayor would have appreciated it more if Mr.
Smith had been more specific. Further, Mr. Smith was given the
opportunity to speak at the workshop meeting he mentioned. Mayor
Alperin stated the opportunity to speak was afforded to Mr.
Smith, although he may not have been pleased with the answers.
11.B.3. Alice Finst, 707 Place Tavant, spoke concerning the
colors and the copper roof on the Rectory building located on
Swinton Avenue just south of Atlantic Avenue. Mrs. Finst ques-
tioned the color selection and the criteria used to allow them to
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be selected? She expressed her concern that if something like
this is, in fact, allowed, then something should be done to
control it before it gets out of hand.
As a partial response, Mayor Alperin stated he believes
the Rectory building came under the authority of the Historic
Preservation Board. That board developed a set of guidelines for
the design and restoration of buildings in historic districts,
along with a palate of colors that would be allowed.
ll.B.4. Charles Powell, 1920 Spanish Trail, stated that about
four years ago he bought some property in the Silver Terrace
subdivision at a tax sale and there were a lot of liens against
the property from the prior owner. He stated he has been trying
for four years to get these liens taken care of and is now before
the Commission to see if the matter can be resolved before it
goes into another lawsuit against the City. Mr. Powell stated
that, based on his research, he does not believe the City's lien
laws are legal based on the current law under Florida Statute
162.09 and 162.10. Mr. Powell contended that many of the liens
filed in the 1993-1994 period are no good primarily because the
City Clerk's office, in formulating the assessments, added an
administrative fee. He stated such an administrative fee was
illegal and was not allowed on liens prior to May 29, 1994. To
summarize, Mr. Powell stated he has been trying to resolve this
lien problem for some four years. He wants to quiet the title on
the property and it is his position that the liens against it are
no good. He does not want to pursue a lawsuit, but has not been
able to get anywhere with either the City Clerk's office or the
City Attorney's office.
12. FIRST READINGS:
12.A. ORDINANCE NO. 32-98: An ordinance rezoning Lots 262
and 263, Tropic Palms Plat No. 1, from R-1AA (Single Family
Residential) District to OSR (Open Space and Recreation) District
in conjunction with the Leon M. Weekes Environmental Preserve
improvements. The subject property is located at the northeast
corner of Albatross Road and the unimproved portion of Curlew
Road. If passed, a quasi-judicial public hearing will be sched-
uled for September 15, 1998.
The City Manager presented Ordinance No. 32-98:
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 IN THE OSR (OPEN
SPACE AND RECREATION) DISTRICT; SAID LAND
BEING LOTS 262 AND 263, TROPIC PALMS PLAT NO.
1, LOCATED AT THE NORTHEAST CORNER OF ALBA-
TROSS ROAD AND THE UNIMPROVED PORTION OF
CURLEW ROAD WITHIN THE TROPIC PALMS SUBDIVI-
SION, AS MORE PARTICULARLY DESCRIBED HEREIN;
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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. 32-98 is on file on
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Ellingsworth moved to approve Ordinance No. 32-98
on FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the Commission returned to Item 9.G. on
the regular agenda.
9.G. CONSENT TO ASSIGNMENT/RAMBLIN' ROSE RIVERBOAT, INC.:
Consider approval of a request to assign the license agreement
for the Ramblin' Rose Riverboat from Dane Mark to Gray Line Water
Tours.
Mr. Egan moved to approve the Consent to Assignment of
the license agreement for the Ramblin' Rose Riverboat from
Ramblin' Rose Riverboat, Inc. to Gray Line Water Tours, seconded
by Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
9.H. PALM ACTS CONTRACT: Consider authorizing the sending
of a thirty (30) day written notice to Palm Acts, Inc. of the
City's intent to terminate the contract.
The City Manager stated that a request to postpone this
item has been received. However, the contract requires the City
to give 30 days' notice. If Palm Acts wants to come in and speak
to the Commission to explain why the contract should not be
cancelled, there are several meetings in this 30 day where they
can do so. He felt there was no reason to delay giving Palm Acts
the formal notice required by the contract. Just so that every-
one is aware, Mr. Dubin also notified Palm Acts in writing on
more than one occasion that they had not met the requirements of
the contract to have four events and they needed to do that by
this date. They were certainly forewarned.
It was the consensus of the Commission to not delay
taking action to give formal notice. During discussion, the City
Attorney noted that paragraph 7. of the contract provides that
failure to hold at least four events per year shall be grounds
for the City to terminate the agreement subject to the City
giving Palm Acts 30 days written notice. However, there is
08/ 8/98
another clause that gives them the right to cure within fifteen
days although she did not feel it would be possible for Palm Acts
to cure the breach in that period of time.
Mayor Alperin felt the City would be better protected
by giving both the 30 day and 15 day notice to Palm Acts.
On question from Commissioner Egan, Brahm Dubin stated
that Palm Acts is fully aware of the contract requirements. He
and Paul Felsberg had a meeting with them a couple of months ago
to remind them about the August 7th deadline; they are fully
aware and have chosen to ignore the situation.
Mr. Egan moved to authorize the City Attorney to send
all and any notice possibly required by the agreement, including
both 30 day and 15 day notice, to Palm Acts, Inc. of the City's
intent to terminate the contract. The motion was seconded by Mr.
Ellingsworth. 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.I. FY 1999 GOLF RATES/MUNICIPAL GOLF COURSE: Consider
approval of the proposed FY 1999 golf rates for the Municipal
Golf Course.
Robert A. Barcinski, Assistant City Manager, stated the
proposed rates represent the maximum to be charged for FY 1999.
Increases in rates are proposed for prepaid green fees, cart
fees, daily green fees, bag storage, locker rental, range balls
and charity cards. The average increase for prepaid fees is
three percent (3%). Other rate increases range from 3.9% to
16.7% depending on the time of the year, the type of fee, and
market conditions.
Mr. Schmidt pointed out an anomaly in the rate schedule
in that, during the summer, a non-resident with a charity card
can play for less money than a resident without a charity card.
Since the idea is that residents should pay less than non-resi-
dents, Mr. Schmidt felt an adjustment should be made so that the
resident rate is less than the charity card rate.
Mr. Schmidt moved to approve the proposed FY 1999 golf
rates for the Municipal Golf Course with the adjustment to rates
for residents versus charity card customers. The motion was
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 4 to 1 vote.
9.J. FY 1999 GOLF RATES/LAKEVIEW GOLF COURSE: Consider
approval of the proposed FY 1999 golf rates for the Lakeview Golf
Course.
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Robert A. Barcinski, Assistant City Manager, stated the
proposed rates represent the maximum to be charged at the Lake-
view Golf Course for FY 1999. Increases range from 2.7% to a
high of nine percent (9%)°
Mr. Schmidt moved to approve the proposed FY 1999 golf
rates for the Lakeview Golf Course with the adjustment to rates
for residents versus charity card customers. The motion was
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 5 to 0 vote.
9.K. FY 1999 TENNIS CENTER RATES: Consider approval of the
proposed FY 1999 rates for the Municipal Tennis Center.
Robert A. Barcinski, Assistant City Manager, stated the
proposed rate increases for court fees range from 2.9% to 11.1%.
The increases for membership rates average a little over four
percent (4%).
Mr. Schmidt moved to approve the proposed FY 1999 rates
for the Municipal Tennis Center, seconded by Mr. Egan. 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.L. SPECIAL EVENT REQUEST/4TH ANNUAL STREET CRAFT FESTIVAL:
Consider a request for special event approval to hold the 4th
Annual Delray Beach Street Craft Festival on September 12-13,
1998, including a temporary use permit for the use of N.E./S.E.
4th Avenue one block north/south of Atlantic Avenue, and staff
support for barricading and security.
Robert A. Barcinski, Assistant City Manager, stated the
request is from Howard Alan Events, Ltd. for the 4th Annual
Delray Beach Street Craft Festival to be held on September 12th
and 13th from 10:00 a.m. until 5:00 p.m. Part of the proceeds
from this event (minimum $2,000) will go to the Joint Venture.
The sponsor will contract directly with the Police Department for
event security which will be paid at the detail rate. Barricades
will be left on Friday and set up by the sponsor. No overtime is
anticipated.
Mr. Egan moved to approve the special event request for
the 4th Annual Delray Beach Street Craft Festival based on the
staff recommendation, seconded by Mr. Schmidt. Upon roll call
the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes. Said motion passed with a 5 to 0 vote.
9.M. SPECIAL EVENT REQUEST/2ND ANNUAL GODZILLA, SUSHI & HOT
BIKES FESTIVAL: Consider a request for special event approval to
hold the 2nd Annual Godzilla, Sushi and Hot Bikes Festival on
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October 10, 1998, including a temporary use permit for the use of
Railroad Avenue, banners on Atlantic Avenue more than one week
before the event, use and set up of the City stage, and staff
support for barricading and security.
Robert A. Barcinski, Assistant City Manager, gave a
brief overview of the special event request. He noted Police
assistance will be paid by the event sponsor at the detail rate.
The stage set up and take down will be done during regular staff
time so no overtime will be needed. The event is non-profit,
with any funds raised to be split equally between Old School
Square and Morikami Park.
Mr. Egan moved to approve the special event request for
the 2nd Annual Godzilla, Sushi and Hot Bikes Festival based on
the staff recommendation, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 4 to 0 vote.
Prior to roll call, Mr. Schmidt stated he would abstain
from voting on the matter inasmuch as he has a client who will be
opposed to the request. Form 8B, Memorandum of Voting Conflict
for County, Municipal, and Other Local Public Officers, is on
file in the City Clerk's office.
9.N. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
four (4) members to the Planning and Zoning Board for two year
terms ending August 31, 2000. The appointments will be made by
Mayor Alperin, Commissioner Schmidt, Commissioner Egan and
Commissioner Ellingsworth.
Mayor Alperin stated he wished to reappoint Alberta
McCarthy to the Planning and Zoning Board for a two year term
ending August 31, 2000. Mr. Ellingsworth so moved, 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.
Mr. Schmidt moved to reappoint Gary Eliopoulos to the
Planning and Zoning Board for a two year term ending August 31,
2000, 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. Egan moved to appoint Lloyd Hasner to the Planning
and Zoning Board for a two year term ending August 31, 2000,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes; Mr. Schmidt - No; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said
motion passed with a 4 to 1 vote.
-20- 08/18/98
Mr. Ellingsworth moved to appoint Dan Carter to the
Planning and Zoning Board for a two year term ending August 31,
2000, seconded by Mr. Egan. Upon roll call the Commission voted
as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
9.0. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint four (4) members to the Site Plan Review and
Appearance Board for two year terms ending August 31, 2000. The
appointments will be made by Commissioner Ellingsworth, Commis-
sioner Randolph, Mayor Alperin and Commissioner Schmidt.
Mr. Ellingsworth moved to appoint Francisco Perez-Azua
to the Site Plan Review and Appearance Board for a two year term
ending August 31, 2000. The motion was seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mr. Randolph moved to reappoint Arnold Smith to the
Site Plan Review and Appearance Board for a two year term ending
August 31, 2000. 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; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
Mayor Alperin stated he wished to reappoint Thuy Shutt
to the Site Plan Review and Appearance Board for a two year term
ending August 31, 2000. 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.
Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5
to 0 vote.
Mr. Schmidt moved to reappoint Sharon Fowler to the
Site Plan Review and Appearance Board for a two year term ending
August 31, 2000. The motion was seconded by Mr. Egan. 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.P. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint four (4) members to the Historic Preservation Board for
two year terms ending August 31, 2000. The appointments will be
made by Mayor Alperin, Commissioner Schmidt, Commissioner Egan
and Commissioner Ellingsworth.
Mayor Alperin stated he wished to reappoint Betty
Diggans to the Historic Preservation Board for a two year term
ending August 31, 2000. Mr. Randolph so moved, seconded by Mr.
Egan. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
o8/xs/9s
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
Mr. Schmidt moved to reappoint John Johnson to the
Historic Preservation Board for a two year term ending August 31,
2000. The motion was 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.
Mr. Egan moved to reappoint Susan Hurlburt to the
Historic Preservation Board for a two year term ending August 31,
2000. The motion was seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan
- Yes. Said motion passed with a 5 to 0 vote.
Mr. Ellingsworth asked that his appointment to the
Historic Preservation Board be deferred until the next regular
meeting.
9.Q. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three
regular members to the Board of Adjustment for two year terms
ending August 31, 2000. The appointments will be made by Commis-
sioner Ellingsworth, Commissioner Randolph and Mayor Alperin.
Mr. Ellingsworth moved to reappoint John Baccari as a
regular member to the Board of Adjustment for a two year term
ending August 31, 2000. The motion was seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth Yes. Said motion passed with a 5 to 0 vote.
Mr. Randolph moved to appoint Michael Goldman as a
regular member to the Board of Adjustment for a two year term
ending August 31, 2000. The motion was seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
Mayor Alperin stated he wished to appoint Anne Hoctor
as a regular member to the Board of Adjustment for a two year
term ending August 31, 2000. Mr. Schmidt so moved, seconded by
Mr. Egan. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
Mayor Alperin noted that with the appointments of Mr.
Goldman and Ms. Hoctor as regular members, two vacancies are
created for alternate members on the Board of Adjustment which
should come back to the Commission at the next regular meeting.
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9.R. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint four (4) members to the Board of Construction Appeals for
two year terms ending August 31, 2000. The appointments will be
made by Commissioner Randolph (general contractor), Mayor Alperin
(air conditioning contractor), Commissioner Schmidt (electri-
cian), and Commissioner Egan (engineer).
Mr. Randolph moved to appoint Jay Hasher to the Board
of Construction Appeals (general contractor position) for a two
year term ending August 31, 2000. The motion was 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.
Mayor Alperin stated he wished to reappoint Michael
Kilbourne to the Board of Construction Appeals (air conditioning
contractor position) for a two year term ending August 31, 2000.
Mr. Randolph so moved, 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.
Mr. Schmidt moved to reappoint Michael Lang to the
Board of Construction Appeals (electrician position) for a two
year term ending August 31, 2000. The motion was seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan
- Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0
vote.
Mr. Egan moved to appoint Leonard Sheppard to the Board
of Construction Appeals (engineer position) for a two year term
ending August 31, 2000. The motion was seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.S. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint four (4) members (including one resident member) to the
Delray Beach Housing Authority, three to 4-year terms ending July
14, 2002, and one to fill an unexpired term ending July 14, 2001.
The appointments will be made by Mayor Alperin, Commissioner
Schmidt, Commissioner Egan (resident member), and Commissioner
Ellingsworth (for unexpired term).
Mayor Alperin stated he wished to reappoint Michael
Wright to the Delray Beach Housing Authority for a four year term
ending July 14, 2002. Mr. Ellingsworth so moved, seconded by Mr.
Egan. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
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Mr. Schmidt moved to reappoint Thaddeus Cohen to the
Delray Beach Housing Authority for a four year term ending July
14, 2002. The motion was 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.
Mr. Egan asked that his appointment of a resident
member to the Delray Beach Housing Authority be postponed to the
next regular meeting.
Mr. Ellingsworth moved to appoint Tommy Stevens to the
Delray Beach Housing Authority to fill an unexpired term ending
July 14, 2001. The motion was seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
9.T. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint a member to the Downtown Development Authority for a
three year term ending July 1, 2001. The appointment will be
made by Mayor Alperin.
Mayor Alperin stated he wished to postpone his appoint-
ment to the Downtown Development Authority until the next regular
meeting.
9.U. APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS COMMIS-
SION (PERC): Appoint a regular member and an alternate member to
the Public Employees Relations Commission for four year terms
ending June 30, 2002. The appointments will be made by Commis-
sioner Randolph and Mayor Alperin.
Mr. Randolph moved to reappoint Harvey L. Brown, Sr. to
the Public Employees Relations Commission as a regular member for
a four year term ending June 30, 2002. The motion was seconded
by Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Egan Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5
to 0 vote.
Mayor Alperin stated he wished to reappoint Lorraine
Kasper to the Public Employees Relations Commission as an alter-
nate member for a four year term ending June 30, 2002. Mr.
Randolph so moved, seconded by Mr. Egan. 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.v. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two
regular members and an alternate member to the Civil Service
Board for two year terms ending July 1, 2000. The regular member
appointments will be made by Commissioner Ellingsworth and
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Commissioner Randolph, with the alternate member appointment by
Mayor Alperin.
Mr. Ellingsworth moved to reappoint John Tallentire to
the Civil Service Board as a regular member for a two year term
ending July 1, 2000. 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.
Mr. Randolph moved to reappoint Donald Allgrove to the
Civil Service Board as a regular member for a two year term
ending July 1, 2000. The motion was seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mayor Alperin stated he wished to reappoint Allen
Huntington to the Civil Service Board as an alternate member for
a two year term ending July 1, 2000. 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; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9.W. APPOINTMENTS TO T~E EDUCATION BOARD: Appoint three
regular members to the Education Board for two year terms ending
July 31, 2000. The appointments will be made by Commissioner
Schmidt, Commissioner Egan and Commissioner Ellingsworth.
Mr. Schmidt moved to reappoint Jerry Marshall to the
Education Board as a regular member for a two year term ending
July 31, 2000. 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; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
Mr. Egan moved to reappoint H. Paul Sayrs to the
Education Board as a regular member for a two year term ending
July 31, 2000. The motion was seconded by Mr. Schmidt. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
Mr. Ellingsworth asked that his appointment of a
regular member to the Education Board be postponed to the next
regular meeting.
9.X. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE:
Appoint three citizen members to the Pompey Park Advisory Commit-
tee for two year terms ending September 13, 2000. The appoint-
ments will be made by Mayor Alperin, Commissioner Schmidt and
Commissioner Egan.
-2s- 08/ s/gs
Mayor Alperin stated he wished to reappoint Brian
Martin as a citizen member on the Pompey Park Advisory Committee
for a two year term ending September 13, 2000. Mr. Randolph so
moved, seconded by Mr. Egan. Upon roll call the Commission voted
as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt
- Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Schmidt moved to reappoint Dwayne Jackson as a
citizen member on the Pompey Park Advisory Committee for a two
year term ending September 13, 2000. 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. Egan moved to appoint Myra Julian as a citizen
member on the Pompey Park Advisory Committee for a two year term
ending September 13, 2000. 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.
13. Co~ents and Inquiries on Non-Aqenda Items.
13.A. City Manager.
In response to Mr. Randolph's inquiry at the August
llth workshop about the beach cleaning service, the City Manager
reported our contract is with Universal Beach Service Corp., of
which John Peart is the President. The term was for three years
from October 1, 1994 through October 1, 1997, with an automatic
renewal for an additional term of three years, so the current
contract runs through October 1, 2000. It would renew unless
either party gave 90 days notice prior to expiration of the
desire not to renew the contract.
In response to the concerns raised about traffic
problems in the City, the City Manager read a response from
Police Chief Overman, "Traffic problems do exist throughout the
City as it appears that individual drivers do not feel it is
their responsibility to drive within the law. To combat this
problem the Police Department does conduct enforcement efforts
directed toward specific areas and problems as well as general
enforcement efforts directed throughout the City. Enforcement
efforts are usually effective, but often only for a short term.
Due to the demands of the entire City, specific enforcement
efforts are usually for particular time frames and then the
officer is assigned to a different enforcement problem. In
addition, the revenue generated through heavy enforcement most
often does not exceed the cost of the enforcement. The mere
presence of the officer usually brings about the desired compli-
ance. When you calculate this out throughout the City you find
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that revenues generated fall terribly short of enforcement costs.
What is often needed to bring about more permanent change in
driving habits is a modification to the environment. Traffic
calming techniques such as speed humps, traffic rotaries and
other traffic modifications create an environment that eliminates
the choice of whether or not to comply with the law. Unfortu-
nately, many people oppose such permanent change to the roadway
because it affects everyone, not just the violator. In addition,
the up front costs associated with traffic and roadway modifica-
tions are quite high. The Police Department is currently con-
ducting increased traffic enforcement throughout the City in
specific selective enforcement efforts in the northwest section.
In addition, District 2 has developed a proposal for making
roadway modifications along a stretch of Lowson Boulevard between
Homewood Boulevard and Dover Road. Finally, in the first seven
months of this year, the Police Department has issued 6,494
citations and 2,205 warnings which reflects the department's
commitment to the problem. The Police Department will continue
with its enforcement efforts and ask that other possible solu-
tions be considered."
In response to Mr. Egan's prior inquiry about the
pedi-cab accident, the City Manager stated that it occurred about
12:30 a.m. on the Intracoastal Bridge on Atlantic Avenue. The
pedi-cab was traveling westbound approaching the Intracoastal
Waterway bridge. The vehicle which struck the pedi-cab was
traveling westbound behind the pedi-cabo The pedi-cab was in the
outside lane. One of the passengers noted the vehicle closing in
at a fast rate of speed. As the cyclist was climbing the upgrade
to the bridge and losing momentum to approximately 10 miles per
hour, the front right of the car struck the rear center of the
bicycle carriage causing the bike to spin counterclockwise and
lose balance. The fork and wheel flipped upward, forcing the
carriage backrest to land backwards on the carriage body's rear.
The cyclist was thrown off the bike seat; the passengers landed
on their backs still inside the carriage causing non-incapacitat-
ing injuries to both passengers. Basically, it was a hit and run
accident. The car was subsequently located parked in front of
Atlantic Plaza, but unfortunately it cannot be proved who was
behind the wheel at the time of the accident. Fire-Rescue
responded to the scene. The two passengers and the cyclist all
refused transportation. Fortunately, in this case, there were no
serious injuries.
The City Manager then stated that the Florida League of
Cities is looking to improve its posture in its dealings with the
legislature and wants to get the League's positions established
earlier in the process. The FLC committees will be meeting
probably in the latter part of September when they will start
talking about what the priority issues should be for the Florida
League's lobbying efforts for the coming year. The City Manager
asked the Mayor or Commissioners to let him know if they have any
issues that need to be dealt with by the legislature or any other
thoughts about the matter.
-27- 0s/ 8/98
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Commissioner Ellinqsworth commented on the request from
Villas Delray for another postponement. As he indicated earlier,
several people have gone out of their way twice to come down to
these meetings only to find the item has been postponed. He
questioned if there might be some way to notify people if there
is a cancellation or some other change affecting the agenda? He
felt it was unfair to have interested parties keep coming out for
an item and then find out at the meeting that it will not be
considered.
Mayor Alperin suggested the possibility of requiring
that a cancellation or request be postponement be received a
certain number of days ahead, say five or so? After discussion,
the general feeling seemed to be that either a hearing should be
held on the date it is scheduled for or else there should be
sufficient notice to remove the item from the agenda altogether.
The City Attorney stated that something along this line could be
added to the local rules if the Commission wants to do so.
13.C.2. Commissioner Egan asked about the landscape material in
the second block on S.E. 4th Avenue. He commented that whatever
the ground cover is, it looks nice, but it completely covers the
curbs. Mr. Egan wasn't sure if that was the intent, but thought
that maybe it should be cut back so that the curb is visible.
13.C.3. Commissioner Scb_midt had no comments or inquiries.
13.C.4. Commissioner Randolph had no comments or inquiries.
13.C.5. Mayor Alperin stated he was at a meeting yesterday
where some parents and faculty at Pine Grove Elementary School
asked about getting flashing lights on the school zone signs
along the roads leading to the school. Apparently a lot of
people don't realize it is a school zone, and the parents and
teachers feel the flashing lights would help the situation.
Mayor Alperin asked that staff check on whose jurisdiction this
would fall under and see if it can be taken care of.
There being no further business, Mayor Alperin declared
the meeting adjourned at 9:00 p.m.
' City' ~lg~k
ATTEST:
MAYOR
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 18, 1998,
which minutes w~re ,form, ally approved and adopted by the City
Commission on ~ /~. /~ ·
City-~rk ~
NOTE TO READER: If the minutes you have received are not com-
pleted as indicated above, this means they are not the official
minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some
amendments, additions or deletions.
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