06-17-97 JUNE 17, 1997
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay A1perin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
June 17, 1997.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay A1perin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Tim
Woodard, Church of the Palms.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
Aqenda Approval.
Mayor A1perin noted the addition of Item 9.A.A., Appeal
of Historic Preservation Board Decision, to the Regular Agenda by
addendum. He noted, too, an amendment to Item 8.D., Resolution
No. 44-97, to clarify that an easement would be provided to
Florida Power & Light, not the City. Further, Mayor Alperin
announced that the applicant has requested a postponement of
Public Hearing Item 10.B., Ordinance No. 25-97, to July 1, 1997.
Also, a revised proposal for Item 9.F., Resolution No.
47-97/High-Rise Fire Safety Task Team has been distributed for
consideration.
Mr. Ellingsworth moved to approve the Agenda as amend-
ed, 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 A1perin - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes=
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of June 3, 1997, seconded by Mr. Egan. Upon roll
call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
6. Proclamations=
6.A. Parks and Recreation Month - July 1997
Mayor Alperin read and presented a proclamation in
recognition of July, 1997, as Parks and Recreation Month. Joe
Weldon, Director of Parks and Recreation, came forward to accept
the proclamation.
6.B. OF NOTE:
6.B.1. Race Unity Day - June 8, 1997.
Mayor Alperin presented a proclamation in recognition
of Race Unity Day which was held on June 8, 1997.
6.B.2. Recognizinq Harbour's Edge 10thAnniversary.
Mayor Alperin presented a proclamation in recognition
of Harbour's Edge 10th Anniversary.
7. Presentations:
7.A. Fire Department - Reco,qnizinq the graduates of the
first "Community Emergency Response Teams" or C.E.R.T. course.
Doug Trawick, Division Chief of Emergency Medical
Services, stated that the Community Emergency Response Team is a
pilot program which is being implemented throughout the community
to train citizens in basic emergency first aid techniques,
disaster preparedness, some hazard recognition, and light search
and rescue. The intent is that these volunteer teams will assist
the Fire Department in the event of a natural disaster. Division
Chief Trawick then introduced the following C.E.R.T. graduates:
George Diaz
Amy Holmes
Frank Holmes
Geraldine ("Jerry") Hudson
Andrew Pinto
David Randolph
Mayor Alperin presented each of the graduates with
their certificates and thanked everyone for their participation
in this program. He then recognized those graduates unable to
attend tonight's meeting, as follows:
Fredrick L. Ebner
Karen Kiselewski
Gall-Lee "Mack" McDermott
Raymond I. Nickol
$. CONSENT AGENDA: City Manager recommends approval.
8.A. ACQUISITION OF PROPERTY ADJACENT TO THE LEON WEEKES
ENVIRONMENTAL PRESERVE: Authorize staff to commence negotiations
2 6/17/97
for the acquisition of the Ward property located at the east end
of the intersection of Albatross Road and Curlew Road adjacent to
the Leon Weekes Environmental Preserve.
8.B. PRELIMINARY DESIGN PHASE OF THE BEACH NOURISHMENT
PROJECT: Authorize Coastal Planning & Engineering, Inc. to
proceed with the preliminary design phase of the beach nourish-
ment project, at an estimated fee of $198,000 to be funded from
Beach Restoration (Account No. 332-4164-572-31.30) and to be
reimbursed from federal, state and county appropriations.
8.C. RESOLUTION NO. 43-97 (ABANDONMENT OF A PORTION OF N.W.
6TH AVENUE): Approve a resolution abandoning a portion of N.W.
6th Avenue lying between N.W. 7th Street and Gardenia Terrace,
within the Lake Ida Manor subdivision, based upon positive
findings.
The caption of Resolution No. 43-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE RIGHT-OF-WAY FOR
N.W. 6TH AVENUE AS DEDICATED ON THE PLAT OF
LAKE IDA MANOR, RECORDED IN PLAT BOOK 23 AT
PAGE 138 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LYING BETWEEN N.W. 7TH
STREET AND GARDENIA TERRACE AND AS MORE
PARTICULARLY DESCRIBED HEREIN.
(Copy of Resolution No. 43-97 is on file in the offi-
cial Resolution Book)
8.D. RESOLUTION NO. 44-97: Approve a resolution abandoning
a ten foot (10') wide north/south alleyway in Block 24, Del-Raton
Park subdivision for Fronrath Motor Vehicle Sales, Rental and
Leasing development, based upon positive findings.
The caption of Resolution No. 44-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A TEN FOOT WIDE NORTH/SOUTH ALLEY
RIGHT-OF-WAY WITHIN BLOCK 24, DEL-RATON PARK,
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 14 AT PAGE 9 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, LOCATED ON THE
NORTH SIDE OF AVENUE "G" BETWEEN U.S. HIGHWAY
#1 AND FREDERICK BOULEVARD, AS MORE PARTICU-
LARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT
AND ACCEPTANCE OF AN EASEMENT DEED BY FLORIDA
POWER & LIGHT FOR ITS FACILITY.
(Copy of Resolution No. 44-97 is on file in the offi-
cial Resolution Book)
3 6/17/97
8.E. DELRAY ESTATES SUBSTATION LEASE: Approve an agreement
for the lease of the premises at 1541 Catherine Drive, Apartment
#1, within Delray Estates for use as a Police substation, for the
period July 1, 1997 through December 31, 1999, at a cost of $1.00
per month.
8.F. MAD DADS LEASE AGREEMENT: Approve an agreement between
the City and Mad Dads, Inc. to allow Mad Dads the use of a room
at the Atlantic Gardens Police substation located at 141 S.W.
12th Avenue.
8.G. STEVEN MADES COMMERCIAL LEASE AGREEMENT: Approve a
short term lease agreement between Steven Mades and the City to
allow the Police Department to use the property located at 1449
South Congress Avenue as a meeting room for the establishment of
a neighborhood project at Rainbow Homes.
8.H. RENEWAL OF CHILDREN'S SUBSTANCE ABUSE GRANT CONTRACT
WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES: Approve a
renewal of the contract between the City and the Department of
Children and Families to provide for the Community Improvement
Department's administration, on behalf of MAD DADS, of the Excel
Focus Five Program at Pine Grove Elementary School.
8.I. AUTHORIZATION TO SUBMIT GRANT APPLICATION/PARTNERSHIP
FOR NEIGHBORHOOD INITIATIVES: Authorize staff to submit a grant
application to the Partnership for Neighborhood Initiatives, a
Department of Children and Families program, for funding to
provide out-of-school programming for children in a specific
neighborhood in Delray Beach.
8.J. DEDUCT CHANGE ORDER ~1 AND FINAL PAYMENT/ALMAZON
BROTHERS TRUCKING, INC.: Approve Change Order #1 (Final) in the
net deduct amount of $6,619.62 and request for final payment in
the amount of $6,534.42 to Almazon Brothers Trucking, Inc. for
completion of the sidewalk improvements project, with funding
from 118-1965-554-63.11.
8.K. DEDUCT CHANGE ORDER #2 AND FINAL PAYMENT/MARANDOLA
CONSTRUCTION, INC.: Approve Change Order #2 (Final) in the net
deduct amount of $4,667.00 and request for final payment in the
amount of $8,680.20 to Marandola Construction, Inc. for the East
Road Utility and Roadway Improvements project, with funding from
442-5178-536-61.36.
8.L. CHANGE ORDER #3 AND FINAL PAYMENT/PIPE LINER INSTALL-
ERS, INC.: Approve Change Order #3 (Final) in the amount of
$38,332.22 and request for final payment in the amount of
$53,723.23 to Pipe Liner Installers, Inc. for the North Water
Reservoir Improvements project, with funding from
440-5179-536-64.30.
8.M. CHANGE ORDER #4/MURRAY LOGAN CONSTRUCTION, INC.:
Consider approval of Change Order #4 in the amount of $4,500.00
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to the Barrier Island Pump Stations contract with Murray Logan
Construction, Inc. to include additional repair work at Lift
Stations 50, 80 and 4, with funding from 442-5178-536-63.90.
8.N. RESOLUTION NO. 45-97: Adopt a resolution assessing
costs for abatement action required to demolish an unsafe build-
ing at 145 S.W. llth Avenue.
The caption of Resolution No. 45-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT WITHIN
THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS; PROVIDING FOR THE MAILING OF NOTICE.
(Copy of Resolution No. 45-97 is on file in the offi-
cial Resolution Book)
8.0. RESOLUTION NO. 46-97: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 17
properties throughout the City.
The caption of Resolution No. 46-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTER-
EST ON ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS.
(Copy of Resolution No. 46-97 is on file in the offi-
cial Resolution Book)
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8.P. PAYMENT FOR SOFTWARE SUPPORT/JOHNSON YOKOGAWA CORPORA-
TION= Approve payment in the amount of $35,115.14 to Johnson
Yokogawa Corporation, sole source provider, for software mainte-
nance support at the Water Treatment Plant, with funding from
441- 5122-536-31.90, 440-5179-536-64.30, and 440-5179-536-63.61.
8.Q. EMT TRAINING AGREEMENT WITH SCHOOL DISTRICT OF PALM
BEACH COUNTY: Approve an agreement between the School District
of Palm Beach County and the City for an Emergency Medical
Technician-Basic Education Program.
8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period June 2 through June 13, 1997.
8.S. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Cablexpress Corporation for the
emergency purchase of Software/Hardware to replace
current equipment at a total cost of $31,476 from
334-6112-519-64.11.
2. Bid award to Antonio Sanclement for City Attorney
building storm shutters, in the amount of $14,450
from 334-6111- 519-62.10.
Mr. Ellingsworth moved to approve the Consent Agenda as
amended with the modification to Item 8.D. (Resolution No.
44-97), 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:
Mr. Schmidt declared a conflict and stepped down for
the following item.
9.A.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION (BY
ADDENDUM): Consider an appeal of the Historic Preservation
Board's action to deny a fence design and landscape plans associ-
ated with new construction of a single family residence at 225
Royal Court in the Del-Ida Park Historic 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 Deputy City Clerk swore in those individuals who
wished to give testimony on this item.
6 6/17/97
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record. She explained that the
fence and landscape plans are associated with a Certificate of
Appropriateness (COA) approved for new construction of a single
family residence on a 50 ft. lot in the Del-Ida Park Historic
District. Variances were granted to the side setback require-
ments from 15 feet to 7.5 feet to allow the residence to be
built. The COA was approved with the condition that a 5 to 6
foot high white painted wood fence be installed along the south
property line to screen the south elevation's sliding glass doors
and duplex-like appearance from the street. However, the fence
and landscape design were not approved with the initial COA.
The specific fence design and landscape plan were
reviewed by the Historic Preservation Board on June 4, 1997. The
applicant proposed to install a vinyl trellis, approximately 115
feet in length, in place of the wood fence (consisting of 4' x 8'
white vinyl trellis panels with 4" x 4" wood posts on 8' centers
and 2" x 4" rails top and bottom). As for the landscape plan,
the applicant indicated at that time that what had been submitted
to the Board had been changed and that she had already installed
much of the landscaping. The Historic Preservation Board had
concerns with the style of the fence and acted to deny both the
fence and the landscape plan.
Pat Cayce, Historic Preservation Planner, presented a
sample of the vinyl trellis proposed by the applicant. She
reiterated that the Board had previously imposed a condition of
approval on the original COA that a 5 to 6 ft. tall white painted
fence was to be installed along the south property line from the
front corner of the house to the rear property line. The Design
Guidelines state that "artificial and manufactured materials"
such as vinyl is not appropriate for historic districts. Another
concern was that the fence as designed was not structurally
sound. The Board also felt that the one foot gap between the
ground and the fence was inappropriate for a fence and that it
would be impossible to insure that proper landscaping to fill in
the gap would be maintained. Lastly, Ms. Cayce stated that the
applicant had indicated that she purchased the material to build
the fence because the Historic Preservation Board had already
approved it. This was not the case. The findings from the
November 20, 1996 meeting, when the COA was approved with the
fence as a condition, clearly state that the applicant was to
return to the Board with conforming landscape plans, plot plan
and elevations for the required fencing. A copy of the Board's
findings were mailed to the applicant shortly after the meeting.
Mrs. Scott (Tullia) Taylor, owner/applicant, stated
that it was her understanding the Historic Preservation Board had
previously approved a similar 5 foot fence with 8 foot solid wood
panels alternating with 8 foot white plastic trellis panels.
While she and her husband do not want a fence due to safety
considerations, they felt a compromise with a 5 foot white
plastic trellis fence would give a better appearance and would be
7 6/17/97
easier to maintain. Also, she thought that her landscape plan
had already been approved by the City Horticulturist. It had
been changed from what the Historic Preservation Board originally
saw, but only to provide more native vegetation. Mrs. Taylor
urged the Commission to approve her modified plans for the fence
and landscaping as this is the only thing holding them up from
moving into their new home.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
After discussion, Mr. Egan moved to uphold the Historic
Preservation Board's action to deny a fence design and landscape
plans associated with new construction of a single family resi-
dence at 225 Royal Court in the Del-Ida Park Historic District,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0
vote.
At this point Mr. Schmidt stepped back up to the dais.
9.A. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE:
Consider a request from the Joint Venture for special event
approval, including temporary use permit and street closure,
staff support and waiver of overtime costs, for Art and Jazz on
the Avenue to be held on July 3, 1997.
Mr. Egan moved to approve the special event request for
the July 3, 1997, Art and Jazz on the Avenue as recommended by
staff, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion 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.B. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE:
Consider a request from the Joint Venture for special event
approval, including temporary use permits and street closures,
staff support and waiver of overtime costs up to a maximum of
$5,000.00, for the Summer Nights on the Avenue series.
Mr. Ellingsworth moved to approve the special event
request for the Summer Nights on the Avenue series as recommended
by staff, including the $5,000 limit on City overtime costs,
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.C. NUVEEN TENNIS TOURNAMENT AGREEMENT.
The City Attorney stated the proposed agreement between
the City, Net Assets, and BJCE, Inc. provides the duties and
8 6/17/97
responsibilities for the Nuveen Tennis Tournament for a three
year period, beginning in 1998 and continuing through 2000.
Mr. Randolph commented it was his understanding that
the City was putting up the $100,000 more as a guarantee rather
than a flat contribution. The City Manager clarified that with
the event coming in the fall, the City is putting up $100,000.
If we are able to get $100,000 in sponsorships, which we think we
will do, then the City will not be out-of-pocket anything. With
the Nuveen Tournament, however, the City is putting up $100,000
out-of-pocket, with the chance to get some or all of it back
depending on the success of the event.
Mr. Egan moved to approve the Promotional Sponsor-
ship/Site Agreement between Net Assets, BJCE Tennis, Inc., and
the City for the Nuveen Tennis Tournament, seconded by Mr.
Schmidto Upon roll call the Commission voted as follows: Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to
0 vote.
9.D. RESOLUTION NO. 48-97 AND SUPPORT REQUEST FOR THE 20TH
ANNUAL ROOTS CULTURAL FESTIVAL: Consider approval of a resolu-
tion supporting the Roots Cultural Festival, Inc. in their
efforts to sponsor the 20th Annual Roots Cultural Festival, and
the festival committee's related support request list.
The caption of Resolution No. 48-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE
ROOTS CULTURAL FESTIVAL, INC. IN THEIR
EFFORTS TO SPONSOR THE TWENTIETH ANNUAL
"ROOTS CULTURAL FESTIVAL" IN THE CITY OF
DELRAY BEACH, FLORIDA, AND RECOGNIZING THE
20TH ANNIVERSARY OF THIS CULTURAL EVENT IN
OUR CITY.
(Copy of Resolution No. 46-97 is on file in the offi-
cial Resolution Book)
Mr. Tommie Stevens, representing the Roots Cultural
Festival, Inc., stated that this is the festival's 20th year and
he feels it helps to bring the community together and provides a
forum for African-American culture.
On question from Mayor Alperin, Mr. Stevens stated that
the support request is the same as it has been in past years.
The City Manager pointed out that as with the other
special event requests, it is expected that Police overtime will
probably be more than it has been in the past. With the rede-
ployment and putting more officers in the neighborhoods, there is
less flexibility for reassignment. Staff will do everything we
9 6/17/97
can to hold costs down, but there will be more overtime for
special events.
The City Attorney added that because some City facili-
ties will be used such as Pompey Park, she would like to require
certain special event insurance that would cover any potential
occurrences, and asked that this be made a part of any motion.
Mr. Stevens indicated that the insurance requirement has already
been addressed.
Mr. Ellingsworth moved to approve Resolution No. 48-97
and the support request for the 20th Annual Roots Cultural
Festival, subject to staff's recommendation and the City Attor-
ney's recommendation for special event insurance, 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.E. CRA AND TED CENTER APPLICATION FOR ECONOMIC DEVELOPMENT
ADMINISTRATION GRANT: Consider approval of the CRA's request to
have the City as co-applicant to its funding request under the
U.S. Department of Commerce Economic Development Administration
(EDA) Title I Public Works Program.
Chris Brown, Executive Director of the Community
Redevelopment Agency, explained that the CRA wishes to make an
application to the Department of Commerce under the Economic
Development Administration for a grant. Part and parcel of the
West Atlantic Avenue redevelopment strategy is to increase
minority business entrepreneurship and with that, the CRA would
like to increase the role that the TED Center has in its expan-
sion of the incubator program. Mr. Brown stated that the idea of
a grant to expand the incubator program has been discussed with
the Grants Administrator from EDA who was very enthusiastic about
the concept. One of the requirements of the EDA grant is that
you own the property, so the Discount Auto Parts site was select-
ed because the CRA owns the property free and clear. It also
came about that the current tenant gave notice that it is going
to vacate the premises since the business is looking for another
site in Delray Beach at which to build another store, so they are
currently tenants on a 90-day notice lease. The real purpose of
wanting to expand the TED Center is to create opportunities for
future tenants and businesses for West Atlantic Avenue and Delray
Beach. At this point, Mr. Brown introduced Ms. Elizabeth Debs,
Director of the TED Center.
Elizabeth Debs, Executive Director of the TED Center,
briefly discussed the history and mission of the TED Center. The
Center's purpose is primarily twofold. One is the provision of
affordable housing, and the other is small business assistance
which is addressed through the incubator program. In reviewing
the incubator program, Ms. Debs stated that the new building
under discussion would allow the program to expand from ten to 40
-10- 6/17/97
'in-wall' clients or businesses. The TED Center's current lease
expires in March of 2001. The new building would only come on
line in September 2000 so there is a six month overlap. Ms. Debs
then reviewed with the Commission her response to some of the
concerns expressed by the City Manager (a copy of which is
attached hereto and made an official part of these minutes). In
conclusion, Ms. Debs stated that the TED Center Board is extreme-
ly excited about the prospect of the new building and what it
will mean to the overall community.
Chris Brown stated that the request is not for the City
to act as the applicant. The CRA will be the applicant and will
accept the liability as the grant recipient. The EDA process
includes a pre-application process which has been completed and
passed, and an invitation to become a final participant. If we
are fortunate enough to become a final participant, then you sit
down with EDA and negotiate the terms of the contract. The
project as proposed is about a 17,000 sq.ft, building, half of it
would be paid for by the federal government and the other half by
the CRA through borrowed funds to complete the construction of
the building. The CRA would also be a tenant in the building.
What the City is being asked to do is really two things; first,
endorse the project because the EDA does feel strongly that it is
important to have the support of the host city, and whatever
capital contribution the Commission may feel comfortable in
making in terms of actual capital contribution. We do need to
upgrade the water and the sewer to accommodate the building.
There is currently a two inch water line which needs to be
expanded to an 8 inch line, and we've put some other estimates in
for the sewer as well. Mr. Brown stated he had provided the City
Clerk with what would essentially be a draft letter of endorse-
ment for the City Manager's review and also there is a require-
ment to sign a compliance letter. The grant has to be filed for
by the end of the month.
On question from Mayor Alperin, the City Manager stated
that he still had reservations about committing $70,000 in
General Fund money for beautifying this one block. There are
other beautification needs around the City that people would like
to see done as well. The other issue is the success of the CRA
in generating more and more downtown activity which means a
demand for increased Police services, yet the City is getting no
additional revenue to help pay for that. It is hard to come up
with additional dollars to fund something like what is being
proposed here. The utility portion of it would be no problem.
We would pay for it out of the Water and Sewer Fund as part of
our ongoing effort to upgrade utility lines.
Mr. Brown stated that he felt the biggest priority is
for the City Commission to formally endorse the application and
project. The capital contribution would be secondary, although
the EDA would certainly look at a capital contribution as a
commitment by the local government. To fund the utility aspect
as part of the ongoing upgrade program would certainly be accept-
able.
Mr. Egan expressed concern about the TED Center going
from a 2,400 sq.ft, facility to a 15,000 sq.ft, building, the
parking situation, and the fact that four new members will be
appointed to the CRA this evening and they will need time to get
settled and understand what is going on here because this is a
major commitment by the CRA with the matching funds of $700,000.
While he was willing to bend a little bit and go along with some
of the responses which had been provided to questions raised by
the City Manager and staff, he felt strongly that this is not the
location for either the CRA or the TED Center. Such a facility
should be further west on Atlantic Avenue, down around 10th or
12th Streets. Both the CRA and the TED Center acknowledge it
would be preferable to have the project further west on Atlantic.
Mr. Egan felt strongly that if the proposal were to be approved,
it will need to be moved further west. He will not support
spending any money on the proposed site because he feels it will
be picked up by private developers. He then asked when the CRA
might expect to hear if any grant has been approved. In re-
sponse, Mr. Brown stated that he hoped a response would be
received by the fall of 1997.
Mr. Brown acknowledged the desirability of locating the
facility further west on Atlantic Avenue, somewhere between 7th
and 12th Streets. However, the grant money is limited and one of
the requirements is that the CRA own the property. If the grant
is received, hopefully something could be worked out to bring
about a change in location.
Mr. Randolph concurred that it would be preferable to
have the building further west, but felt that it would be foolish
not to pursue the current grant and proposal that is currently
available.
Mr. Randolph moved to approve City endorsement of the
CRA and TED Center application foran Economic Development Admin-
istration grant, with City participation to include funding for
beautification not to exceed $50,000 and the estimated costs for
water and sewer upgrades. The motion died for lack of a second.
Mr. Egan moved to approve City endorsement of the CRA
and TED Center application for an Economic Development Adminis-
tration grant, including support for water and sewer upgrades but
with no financial support for beautification, seconded by Mr.
Schmidt. Upon roll call the Commission voted as follows: Mr.
Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - No. Said motion passed with a 3 to 2
vote.
At this point, the time being 7:15 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
6/17/97
10. PUBLIC HEARINGS=
10.A. ORDINANCE NO. 24-97= An ordinance rezoning a parcel of
land known as the Colombi Property from POD (Professional and
Office) District and RM (Medium Density Residential) District to
NC (Neighborhood Commercial) District. The subject property is
located at the northeast corner of South Federal Highway and
LaMat Avenue. Prior to consideration of passage of this ordi-
nance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time. QUASI-JUDICIAL HEARING
The City Manager presented Ordinance No. 24-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POD (PROFESSION-
AL AND OFFICE DISTRICT) AND RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT IN THE NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT; SAID LAND
BEING LOCATED AT THE NORTHEAST CORNER OF
SOUTH FEDERAL HIGHWAY AND LA MAT AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 24-97 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
quasi-judicial public hearing was held having been legally
advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this item will be conducted as
a quasi-judicial hearing which allows for presentations by all
involved parties, the admission of documents into the record and
public testimony.
The Deputy City Clerk swore in those individuals who
wished to give testimony on this item.
Diane Dominguez, Planning Director, entered into the
record the Planning and Zoning Department's File No. 97-103 on
this project and a listing of pertinent documents. She stated
that the subject property is 1.6 acres in size and is currently
developed with four commercial buildings on the westerly portion
of the property and three residential buildings on the east side.
The underlying land use designation is Transitional which is not
proposed to be changed with this request. The rezoning to NC is
being requested to allow the existing nonconforming commercial
uses to become conforming, retain the residential uses and to
accommodate other commercial uses allowed in the NC zone dis-
trict. The Planning and Zoning Board considered this petition at
-13- 6/17/97
a public hearing on May 19, 1997, and voted to recommend that the
westerly portion of the property (Lots 1-14 and 24-27) be re-
zoned, but that the easterly lots abutting Frederick Boulevard
not be rezoned but remain RM (Multiple Family Residential).
Doak Campbell, III, representing the applicant, dis-
cussed the history of the property and indicated that while his
client would like to have the entire parcel rezoned, the primary
concern is with the westernmost portion of the site.
Speaking from the audience were the following:
Harry Reagan, representing Tropic Bay Association,
requested that no vehicle sales be permitted on the property and
that the rezoning be restricted to the westerly lots.
Jean Beer, Tropic Boulevard, stated she was in favor of
the rezoning to NC for the westerly lots, but felt strongly the
easterly lots should remain residential.
Start Shinberg, representing Tropic Isles Homeowners
Association, stated there is no problem with rezoning the lots on
the west to NC, but the eastern lots should remain residential.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
Mr. Egan moved to approve Ordinance No. 24-97 as
amended to include Lots 1-14 and 24-27 only, and not including
Lots 15-23), on second and final reading, seconded by Mr. Ran-
dolph. Upon roll call the Commission voted as follows: Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to
0 vote.
10.B. ORDINANCE NO. 25-97: An ordinance changing the Future
Land Use Map designation (small scale amendment) from Commerce to
General Commercial, and rezoning from MIC (Mixed Industrial and
Commercial) to GC (General Commercial) District for the Country
and Western Bar of Delray Beach, to be located at the northwest
corner of Atlantic Avenue and the CSX Railroad, immediately west
of 1-95. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to
be held at this time. QUASI-JUDICIAL HEARING
Mayor Alperin stated that the applicant has requested a
continuance to July 1, 1997.
Mr. Randolph moved to continue the public hearing for
Ordinance No. 25-97 to the date certain of July 1, 1997, at 7:00
p.m., 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.
-14- 6/17/97
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately following Public Hearings.
11.A. City Manager's resDonse to prior public comments and
inquiries.
In response to the comment at the June 3rd meeting
about a house in Tropic Isles that has a 6 foot wall built on a 3
foot berm, the City Manager reported that under the regulations
which applied prior to February of 1997, fences and hedges were
limited to six feet in height above the crown of the road. In
February 1997, the code was amended to provide for the height to
be measured from the undisturbed natural grade of the ground
adjacent to the exterior of the fence or wall. With this change
to the code, the City Manager felt this type of situation should
not recur.
ll.B. From the Public.
11.B.1. Albert Heller, 3130 N.W. 10th Street, reiterated his
concern regarding the Palm Tran facility on Congress Avenue and
the promise and delivery of plans to the City which supposedly
encompassed a perimeter berm so that the facility could not be
seen by the public. He felt that the City should not have issued
a certificate of occupancy because the facility did not meet the
requirements. After speaking with County Commissioner Mary
McCarty about this issue, she suggested that the City Commission
adopt a resolution requesting that the County provide additional
screening to hide the facility. Mr. Heller urged the City
Commission to make such a request of the County Commission.
11.B.2. Norman Maslow, 5221 Estates Drive, stated it is his
understanding that the City is contemplating putting parking
meters on East Atlantic Avenue. If this is the case, he suggest-
ed that someone visit Las Olas Boulevard in Fort Lauderdale to
see how it is done there. Las Olas Boulevard has one meter per
block. Anybody who parks on that street, all they have to do is
go to that one meter, put in the appropriate amount of money for
the time desired, and a ticket is issued which is then placed on
the dashboard of the vehicle. Mr. Maslow felt this system would
be preferable to having a parking meter every 15 to 20 feet on
the avenue.
11.B.3. Alex Speer, President of the North Palm Trail Homeown-
ers Association, stated that this neighborhood lies in close
proximity to North Federal Highway. The association was never
asked to take part in the first North Federal Highway redevelop-
ment plan and there were some surprise elements in that plan that
adversely affected their quality of life. While disappointed
with the way the planning process was conducted last year, Ms.
Speer suggested that the North Federal Highway redevelopment
deserves a joint effort between residents and local government.
She urged residents and planners to get together to develop a
vision and a theme for the North Federal corridor and then
-15- 6/17/97
present a plan that addresses the issues and is easy for the
general public to understand, including graphics like those used
for the West Atlantic Avenue plan.
ll.B.4. Jean Beer, 945 Tropic Boulevard, expressed appreciation
to Commissioner Ellingsworth who had investigated her prior
concern regarding the issue of rabid raccoons. There is no one
agency that accepts responsibility for picking up wild animals,
so it becomes necessary to hire a private trapper whose services
can be very expensive. Mrs. Beer urged that the City, County and
State get together to address this issue as it is fast becoming a
public health and safety problem.
ll.B.5. Alice Finst, 707 Place Tavant, speaking on behalf of
the Board of Directors of the Homeowners League of Chatelaine,
asked for assistance with garbage and trash pickup in the Chate-
laine neighborhood. There is some confusion about what type of
trash will be picked up on what days and general inconsistency on
the part of the contractor (BFI) in sticking to the schedule.
Mrs. Finst further commented that she does not feel the problems
are confined to her neighborhood. Overall, she feels the City
looks very poor due to the poor service from BFI.
ll.B.5. Helen Coopersmith, 1222 South Drive Way, stated that it
has been her experience that problems with garbage and trash
pickup are easily and quickly resolved by making a telephone call
to either BFI or Code Enforcement.
12. FIRST READINGS:
12.A. ORDINANCE NO. 26-97: An ordinance designating the
Trinity Evangelical Lutheran Church Chapel located at 400 North
Swinton Avenue as a local historic site to be listed in the Local
Register of Historic Places. If passed, a public hearing will be
scheduled for July 1, 1997.
The City Manager presented Ordinance No. 26-97
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE TRINITY EVANGELICAL LUTHERAN CHURCH
CHAPEL, LOCATED AT 400 NORTH SWINTON AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN, AS A
LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL
REGISTER OF HISTORIC PLACES; PROVIDING FOR
THE AMENDMENT OF THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC
DESIGNATION IN AN OVERLAY MANNER; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 26-97 is on file in the official
Ordinance Book)
-16- · 6/17/97
The Assistant City Attorney read the caption of the
ordinance.
Mr. Ellingsworth moved to approve Ordinance No. 26-97
on FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANC~ NO. 27-97: An ordinance amending Chapter 73,
"Parking Schedules", of the City Code to revise parking hours for
certain lots in the downtown area. If passed, a public hearing
will be scheduled for July 1, 1997.
The City Manager presented Ordinance No. 27-97
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 73, "PARKING SCHEDULES", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SCHEDULE I. TO REVISE PARKING HOURS
FOR CERTAIN LOTS IN THE DOWNTOWN AREA;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 27-97 is on file in the official
Ordinance Book)
The Assistant City Attorney read the caption of the
ordinance.
Mr. Ellingsworth questioned the inclusion of Lot 6 in
Block 117 as shown on the map included with the staff report
since it is not referred to in the legal description contained in
the ordinance. The City Manager stated it is probably an error
on the graphic, but it will be doublechecked and clarified prior
to second reading.
Mr. Randolph moved to approve Ordinance No. 27-97 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANC~ NO. 28-97: An ordinance amending Section
8.4.1, "Authority to Make Special Assessments; Exceptions", of
the Land Development Regulations to provide for the construction
of walls to provide a barrier from public rights-of-way as a
project for which the City may levy and collect a special assess-
ment. If passed, a public hearing will be scheduled for July 1,
1997.
The City Manager presented Ordinance No. 28-97
-17- 6/17/97
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL
ASSESSMENTS", SECTION 8.4.1, "AUTHORITY TO
MAKE SPECIAL ASSESSMENTS; EXCEPTIONS" OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE FOR THE CONSTRUCTION OF
WALLS TO PROVIDE A BARRIER FROM PUBLIC
RIGHTS-OF-WAY AS A PROJECT FOR WHICH THE CITY
MAY LEVY AND COLLECT A SPECIAL ASSESSMENT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 28-97 is on file in the official
Ordinance Book)
The Assistant City Attorney read the caption of the
ordinance.
Diane Dominguez, Planning Director, reported that the
Planning and Zoning Board had considered this amendment at its
June 16th meeting and voted unanimously to recommend approval.
However, the Board did recommend a language change so that the
added wording would read, "... and to construct walls as a
barrier from public roadways and alleys, ...", instead of listing
out all of the different types of streets. It was the consensus
of the Commission to accept this change.
Mr. Egan moved to approve Ordinance No. 28-97 on FIRST
Reading, with the wording change recommended by the Planning and
Zoning Board, seconded by Mr. Schmidto Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan -
Yes. Said motion passed with a 4 to 1 vote.
At this point, the Commission returned to the regular
agenda.
9.F. RESOLUTION NO. 47-97/HI~H-RISE FIRE SAFETY TASK TEAM:
Consider approval of a resolution establishing the High-Rise Pire
Safety Task Team for the purpose of reviewing and making recom-
mendations concerning the impacts of retrofitting existing
high-rise buildings with fire protection sprinklers.
The caption of Resolution No. 47-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
THE HIGH-RISE FIRE SAFETY TASK TEAM AS AN
ADVISORY BODY TO THE CITY COMMISSION; PROVID-
ING FOR THE AUTHORITY AND CHARGE OF SAID TASK
TEAM; PROVIDING FOR THE COMPOSITION OF SAID
-18- 6/17/97
TASK TEAM AND APPOINTMENT THERETO; PROVIDING
AN EFFECTIVE DATE; AND SETTING A SUNSET DATE.
(Copy of Resolution No. 47-97 is on file in the offi-
cial Resolution Book)
Mayor Alperin noted the distribution of a replacement
resolution reducing the size of the task team to eight (8)
members.
Mr. Egan moved to approve the replacement Resolution
No. 47-97, seconded by Mr. Randolph. Upon roll call the Commis-
sion 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.G. REJECTION OF BIDS/BUS RENTAL AND DRIVER SERVICE:
Consider rejecting all bids received for the bus rental and
driver service for Parks and Recreation, and authorize staff to
re-bid the service.
Mr. Egan moved to reject all bids received for the bus
rental and driver service and authorize staff to advertise and
re-bid the service, seconded by Mr. Ellingsworth. Upon roll call
the Commission voted as follows: Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.H. COMMISSION ON LOCAL GOVERNMENT II/FLORIDA LEAGUE OF
CITIES, INC.: Consider recommendations to the Commission on
Local Government II related to the seven identified issue areas.
The City Manager stated that in response to the direc-
tion given at the April 8th workshop, staff reviewed and dis-
cussed the questions raised by the Florida League of Cities for
comment to the Commission on Local Government II. Presented for
the City Commission's review is what the staff came up with as
far as the three greatest challenges facing the City, legislative
or policy changes which might help us deal with those challenges
and also comments staff would recommend on the seven issues that
the study commission asked for comment on.
For the public's information, Mayor Alperin stated that
the three items identified as the greatest challenges facing the
City are (1) illegal drug activity and crime, (2) developing
quality schools and educational programs, and (3) economic
development for the long term.
Mr. Randolph moved to submit the comments as presented
to the Florida League of Cities and the Commission on Local
Government II, 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.
-19- 6/17/97
9.I. SETTLEMENT/CITY OF DELRAY BEACH V. KEYSTONE CREATIONS.
Assistant City Attorney Tolces briefly reviewed the
proposed terms of the settlement with the Commission. The most
important aspect of the settlement is that if Keystone Creations
does not complete its site plan improvements by January 12, 1998,
then Keystone Creations will immediately cease operations as a
monument and stone cutting business, agree to the entry of an
injunction, and the conditional use and site plan approvals would
expire.
Mr. Ellingsworth moved to approve the settlement
proposal as recommended by the City Attorney, 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.
9.J. WASTE MANAGEMENT V. CITY/SETTLEMENT OFFER: Consider a
settlement offer in the referenced matter.
The City Attorney stated that Waste Management has sued
the City for breach of contract. They have offered to settle the
dispute for $1,634,882.00. At this point, because it is so early
on in the process, the City Attorney recommended that the settle-
ment offer be denied, with the Commission's authorization for her
office to file counter claims alleging breach of contract against
Waste Management and other legal actions as her office sees fit
in this matter.
Mr. Schmidt moved to reject the settlement offer and
authorize the City Attorney to take legal action as necessary in
the best interest of the City, 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.K. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate a voting delegate to the 71st
Annual Conference of the Florida League of Cities to be held
August 21-23, 1997, at Lake Buena Vista.
Mr. Randolph moved to designate the City Manager as the
voting delegate to cast votes on behalf of the City of Delray
Beach at the annual business session of the Florida League of
Cities, subject to verification of eligibility,, 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.L. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint four members to the Community Redevelopment Agency for
four year terms ending July 1, 2001. The appointments will be
-20- 6/17/97
made by Commissioner Randolph, Mayor Alperin, Commissioner
Schmidt and Commissioner Egan.
Mayor Alperin expressed thanks and appreciation on
behalf of the City Commission to outgoing CRA members Wanda
Gadson, Leonard Mitchell, Kathi Sumrall and Clay Wideman.
Mr. Randolph moved to appoint Wilbur Chaney to the
Community Redevelopment Agency for a four year term ending July
1, 2001, 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.
Mayor Alperin stated that he wished to appoint Kevin
McCarty to the Community Redevelopment Agency for a four year
term ending July 1, 2001. Mr. Ellingsworth so moved, 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.
At this point Mr. Ellingsworth left the Chambers.
Mr. Schmidt moved to appoint Howard Ellingsworth to the
Community Redevelopment Agency for a four year term ending July
1, 2001, seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Egan - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to
0 vote.
Mr. Ellingsworth returned to the dais.
Mr. Egan moved to appoint Mark Little to the Community
Redevelopment Agency for a four year term ending July 1, 2001,
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.
9.M. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint a member to the Delray Beach Housing Authority for a four
year term ending July 14, 2001. Recommendation by Commissioner
Schmidt, with appointment by Mayor Alperin.
Mr. Schmidt stated he wished to recommend the reap-
pointment of Barbara Brown to the Delray Beach Housing Authority.
Mayor Alperin accepted the recommendation and asked for a motion
to be made on his behalf to reappoint Barbara Brown to the Delray
Beach Housing Authority for a four year term ending July 14,
2001. Mr. Schmidt 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.
-21- 6/17/97
9.N. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint two members to the Downtown Development Authority for
three year terms ending July 1, 2000. The appointments will be
made by Commissioner Ellingsworth and Commissioner Randolph.
Mr. Ellingsworth moved to reappoint Tim Onnen to the
Downtown Development Authority for a three year term ending July
1, 2000, 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 Jon Levinson to the
Downtown Development Authority for a three year term ending July
1, 2000, 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.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
The City Manager apologized to the Commission for the
late addition to tonight's agenda of Addendum Item 9.A.A. He
noted there was a miscommunication between the Planning Depart-
ment and the City Clerk's Office. In view of the fact the
property owners were in temporary living quarters, the City
Manager felt it was important that the Commission consider the
request this evening.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Mr. Schmidt had no comments or inquiries.
13.C.2. Mr. Egan had no comments or inquiries.
13.C.3. Mr. Ellingsworth had no comments or inquiries.
13.C.4. Mr. Randolph had no comments or inquiries.
13.C.5. Mayor Alperin had no comments or inquiries.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:30 p.m.
-22- 6/17/97
ATTEST:
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the
minutes of the June 17, 1997, Regular Meeting of the City Commis-
sion, which minutes were formally approved and adopted by the
City Commission on
- - City - '
NOTE TO RE~ER:
If the minutes you have received are not completed as indicated
above, this means they are not the official minutes of the City
Commission. They will become the official minutes only after
review and approval which may involve some amendments, additions
or deletions.
-23- 6/17/97
The CENTER [or TECHNOLOGY
ENTERPRISE ~ DEVELOPMENT~ Inc.
10 B Southeast First Avenue, Delra~ Beach, FL 33444
561.265.3790 [ax 561.265-0806
June 17,1997
Mr. David T. Harden
City Manager
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444
Dear Mr. Harden:
I am writing to respond to your memorandum of June 13, 1997 concerning the proposed
expansion of the TED Center.
1. The TED Center has approached their expansion to date with slow, planned growth.
When the program was first started in 1992, the TED Center was wherever Sam McGhee
went. It later moved to a small desk in the CRA offices, followed by 600 square feet in the
Wideman Building on West Atlantic Avenue. It now occupies 2,400 square feet in the
Masonic Building, a move assisted by the City of Delray Beach, utilizing $30,000 in CDBG
dollars.
The plan for the development of a "Center for Economic Development" proposes
construction of a 17,231 square foot building, housing the TED Center and the CRA
offices, with shared common areas and conference rooms, with occupancy to occur no
sooner than September 2000. This allows approximately 3 years for marketing the new
facility and developing a list of active tenant prospects. Nationally, incubators range in size
from a few hundred square feet to several hundred thousand, with the optimum size of
approximately 50,000 square feet in order to achieve economies of scale and use. This is
a modestly sized facility.
2. As stated, the Pro Forma for the Ted Center for years 1, 2 and 3 (starting with FY
2000/2001) shows much of their revenues being generated by their housing program.
Please remember that the TED Center housing program is not limited to the City of Delray
Beach, and has a service area of all of Palm Beach County and Broward County. TED was
the lead non-profit for a 90 unit, single-family project in Riviera Beach, until that City
withdrew and has plans for similar work elsewhere in the County.
In addition, this preliminary Pro Forma does not reflect grants to the TED Center which are
currently $150,000 to $200,000 per year. The revised Pro Forma reflects continued
support for the facility, at a very conservative $150,000 per year.
The $97,200 in equipment cost for which the TED Center hopes to receive grants is over
a three year period and as demonstrated in the revised Pro Forma, cash flow is available
to cover these costs (at a reduced rate) in all three years.
3. The site plan included in the application shows that the parking for this building will
be on property which is currently committed to Palm Beach County for Courthouse parking.
Should the County wish to claim this property in 2000, Chris Brown has proposed an off-site
agreement to use the existing CRA parking lot(s) to accommodate tenant parking for the
building (52 spaces required).
4. The CRA and the TED Center agree that it would be preferable for the project to be
further West on Atlantic Avenue. However, the EDA requires that the entity applying for
the grant own the property. The CRA does not, at present, own another appropriate parcel.
Should the CRA purchase a more suitable site, it could be possible that the CRA negotiate
with the EDA to swap sites and relocate the project.
5. The recently adopted West Atlantic Redevelopment plan does not limit development
to full block frontage. The "remainder" site on the KwikStop property, may well suit a
smaller developer.
6. In the past, the City of Delray Beach has contributed $30,000 to the TED Center.
Since this project does not start construction until September 1999, this allows three years
for the City to identify funds for the $70,000 beautification costs and utility connection fees.
These funds might be found using CDBG dollars for FY '99 or 2000.
Mr. Harden, I hope that I have successfully answered your concerns as they relate to the
development of the proposed incubator facility. I will be happy to answer any additional
questions that you or the Commissioners may have at the meeting this evening.
Sincerelyx/
/
Eli~th Debs
Executive Director
'FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I~1 \AMI IIR~I \'~MI MIDI)II %AMF NAM£OI-~ARD.(~UN('II..(~MMI~IOh. AU1HONI]Y. OE COMMI]3EE
~HICH I ~ERVE IN A t'%11 OF:
('11~
WHO MUST FILE FORM 8B
This form is for usc b.~ an.~ person scr~ ing at thc count.v, city, or other local level of gmernmcn.t on an appointed or elected board.
council, commission, aulhority, or committee. It applies equally to members of ad,,isory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law v, hen faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the re,.erse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding electixe county, municipal, or other local public office MUST ABSTAIN from voting on a measure ,.,. hich inures
to his special private gain. Each local officer also is prohibited from know'ingly voting on a measure which inures to the special
gain of a principal (other than a go,.ernment agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive counD; municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal {other than a government agency} by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the'officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE IAKEN:
· You should complete and file this form (before making any attempt to influence the decision} with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
CE FORM SB- t.ql PA~E
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in Ihe measure before participating.
· You should complete Ihe form and file it within 15 days after the vote occurs with the person responsible for.recording the minutes
of the meeting. ~'ho should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
,. ~-~-~' u ~-~J (~. ~"~--~ ~'~""~ . he,eby disclose that on c~ 1~ .19 ~ 7:
(a) A measure came or will come before my agency which (check one)
~ inured to my special pri~ate gain; or
~ inured to the special gain of ~(~. ~~. ~0~ ~ ~ by ~hom, am re~ained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Fil-- ! '-(
Date Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY RE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM #B - I.~1 PAGE 2