04-07-98 APRIL 7, 1998
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
April 7, 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 Reverend Nancy
Norman, Unity Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin noted that the Minutes of the Regular
Meeting of March 17, 1998, were not yet ready and would be
scheduled for approval at a future meeting.
The City Attorney stated that on the consent agenda,
Item 8.~., Withdrawal of Site Plan Modification/St. Mary The
Virgin Anglican Church School, should be approved as settlement
of the appeal which quashes the Site Plan Review and Appearance
Board approval.
Mr. Ellingsworth moved to approve the agenda, as
amended; seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
5. Approval of Minutes:
Mr. Randolph moved to approve the Minutes of the
Organizational and Special Meeting of March 26, 1998, 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.
6. Proclamations:
6.A. Water Safety Awareness Month - April 1998.
Mayor Alperin read and presented a proclamation in
recognition of Water Safety Awareness Month which is April, 1998.
He encouraged everyone to attend 'April Pools Day' at Aqua Crest
Pool on Saturday, April 11, 1998. Ms. Linda Bauman from Aqua
Crest came forward to accept the proclamation and thanked the
City Commission for recognizing the efforts to inform the public
about water safety awareness and drowning prevention.
6.B. Building Safety Week - ADril 5-11, 1998.
Mayor Alperin read and presented a proclamation in
recognition of Building Safety Week. Mr. Jerry Sanzone, Chief
Building Official for the City of Delray Beach, came forward to
accept the proclamation.
7. Presentations=
7.A. Special Merit Award to Geoff Cooper (Lieutenant) and
John Hansen (Driver-Engineer) for their suggestion concerning
defective suDDI¥ hose in the Fire Department.
Assistant Fire Chief Mike Wigderson commended Driver-
Engineer John Hansen for his discovery that the interior lining
of the 5" supply hose on Engine 2 was separating. Mr. Hansen
brought this to the attention of his Station Officer, Lt. Geoff
Cooper, who reported it to the Battalion Chief. As a result, all
of the department's 5" supply hose was inspected and 34 defects
were found in 100 ft. lengths of this hose. The defective hose
was within six months of expiring its 10 year warranty. Ail 34
lengths were replaced by the manufacturer with new hose under the
10 year warranty. The cost saving per 100 ft. length was
$300.00, so Messrs. Hansen and Cooper effectively saved the City
over $10,000.00.
Mr. Hansen and Lt. Cooper came forward to accept their
merit awards from Mayor Alperin who, on behalf of the entire
City, expressed his appreciation to them for their efforts from
both a cost saving and public safety standpoint.
7.B. Delray Camera Club/"Delray In Action" Photography
Exhibition - Awards Presentation by Mayor Alperin.
Mayor Alperin presented the following awards:
Honorable Mention
Seymour Robbins (Wakodahatchee Wildlife)
William Lack (Studying at Atlantic Avenue)
Henr~ Huss (Veterans Park)
Sally Gottlieb (Our Delray Beach)
Gene Freeman (After The Action)
Morris Bernstein (Waiting)
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Third Place
Robert Boylson (Morikami Drummer)
Second Place
Florence Greenberg (Look At Me)
First Place
William Lack (Skateboarder)
7.C. All-America City Application - Frank McKinney.
Mr. McKinney reviewed the efforts of the All-America
City Steering Committee in developing the 1998 All-America City
application. Fifteen (15) projects were identified which the
committee felt were worthy of consideration for inclusion in the
application. The overall theme decided upon was "Keeping Del-
ray's Promise", which is the promise that was made in 1993 when
Delray Beach won the award for the first time. The projects were
narrowed down to three, as follows: (1) 'Whatever It Takes'
which highlights the MAD DADS Project Connect and the Greater
Delray Beach Youth Council; (2) the 'Barbara D. Smith Toddler
Center' which highlights the work done through the Community
Child Care Center with our very young children and their fami-
lies; and (3) the 'Haitian Roving Patrol' which is the first
program of its kind in the nation and very unique. Mr. McKinney
further stated that during the process, he, Lula Butler and
several members of the Steering Committee were invited by the
National Civic League to a briefing for the purpose of addressing
other cities in Plorida which are applying for the All-America
City designation. The final draft of the 1998 application was
finished on March 25, 1998, and we subsequently received notifi-
cation from the National Civic League that the application has
been received and accepted for consideration. The next step is
that the Screening Committee meets between April 16th through the
19th to determine the 30 finalists out of the approximate 150
applications received this year. The finalist announcement will
be made on April 20, 1998. If the City's application makes the
cut, the All-America City hearings and convention to choose the
final ten will take place June 18-20, 1998.
At this point, Mr. McKinney recognized the members of
the 1998 All-America City Steering Committee for their commitment
and dedication in developing the application, and presented each
with plaques in recognition of their involvement. He commended
the Mayor and City Commissioners for their support of the process
and the work they have done over the past three years. Mr.
McKinney then presented each member of the Commission with a copy
of the All-America City application submitted for 1998.
Mayor Alperin thanked Mr. McKinney and the All-America
City volunteers for their commitment to this project. Regardless
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of the end results, Delray Beach will always be an All-America
City because of the quality citizens who volunteer their time and
efforts as evidenced by the 1998 All-America City Steering
Committee.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. RESOLUTION NO. 23-98: Approve a resolution vacating
and abandoning portions of general utility easements on the Shell
Oil Station site (Delray Shell Plat), located at the southeast
corner of West Atlantic Avenue and Congress Avenue, based upon
positive findings.
The caption of Resolution No. 23-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING PORTIONS OF GENERAL UTILITY
EASEMENTS AS SHOWN ON THE DELRAY SHELL PLAT
RECORDED IN PLAT BOOK 77 AT PAGE 167 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AS MORE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 23-98 is on file
in the City Clerk's office.)
8.B. RESOLUTION NO. 24-98: Approve a resolution vacating
and abandoning the S.E. 9th Court right-of-way located within the
Rio Del Rey Shores subdivision, between S.E. 6th Avenue (north-
bound Federal Highway) and S.E. 7th Avenue, based upon positive
findings.
The caption of Resolution No. 24-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THAT PORTION OF THE RIGHT-OF-WAY
FOR S.E. 9TH COURT LYING BETWEEN THE EAST
RIGHT-OF-WAY OF S.E. 6TH AVENUE AND THE WEST
RIGHT-OF-WAY OF S.E. 7TH AVENUE, PLAT OF RIO
DEL REY SHORES, RECORDED IN PLAT BOOK 24,
PAGE 5 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY DE-
SCRIBED HEREIN; SUBJECT TO CONDITIONS.
(The official copy of Resolution No. 24-98 is on file
in the City Clerk's office.)
8.C. FINAL PLAT APPROVAL/RIO DEL REY SHORES REPLAT: Approve
the final boundary plat for Rio Del Rey Shores Replat, a replat
of Lots 7 & 8, Block 2, Rio Del Rey Shores Subdivision and
including a portion of the abandoned right-of-way of S.E. 9th
Court. The subject property is located on the east side of S.E.
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6th Avenue (northbound Federal Highway), between S.E. 10th Street
and S.E. 8th Street.
8.D. FINAL PLAT APPROVAL/PLAT OF DELRAY SQUARE II: Approve
the final subdivision plat for Plat of Delray Square II, a
commercial center located on the east side of Military Trail,
approximately 650 feet north of Atlantic Avenue.
8.E. RESOLUTION NO. 25-98: Approve a resolution endorsing
the Urban Job Tax Credit Program authorized by Section 212.097,
Florida Statutes, and authorizing the City to apply for an Urban
Area designation under a joint application with Palm Beach
County.
The caption of Resolution No. 25-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE
URBAN JOB TAX CREDIT PROGRAM AUTHORIZED BY
SECTION 212.097, FLORIDA STATUTES (THE
"ACT"); PERMITTING LOCAL GOVERNMENTS AND
COUNTIES TO APPLY FOR AREA DESIGNATIONS;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
(The official copy of Resolution No. 25-98 is on file
in the City Clerk's office.)
8.F. OFF-SITE PARKING AGREEMENT/CROSS ACCESS EASEMENT - NEW
JERUSALEM CHURCH OF GOD IN CHRIST: Approve an off-site parking
agreement between the Church, Willie L. Wright, Erma J. Wright,
and the City, and grant a cross access easement to the Church
across the southwest corner of the City's retention area on Lake
Ida Road just east of Roosevelt Avenue, in accordance with the
provisions of the conditional use modification approval granted
by the City Commission on February 3, 1998 for New Jerusalem
Church of God in Christ.
8.G. WITHDRAWAL OF SITE PLAN MODIFICATION APPROVAL/ST. MARY
THE VIRGIN ANGLICAN CHURCH SCHOOL: Accept the applicant's
withdrawal of the site plan modification application and withdraw
the Site Plan Review and Appearance Board approval for the St.
Mary The Virgin Anglican Church School. (Per the City Attorney,
accepted as settlement of the appeal which quashes the Site Plan
Review and Appearance Board approval.)
8.H. SECOND AMENDMENT TO TEMPORARY USE AND HOLD HARMLESS
AGREEMENT WITH A-1-A BIKE RENTALS: Approve the second amendment
to the temporary use and hold harmless agreement with A-1-A Bike
Rentals to allow the operation of pedi-cabs during the Delray
Affair, from and including April 17-19, 1998.
8.I. AUTHORIZATION TO PROCEED/GEOTECHNICAL INVESTIGATIONS
FOR THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning &
5 4/0?/98
Engineering, Inc. to proceed with the geotechnical investigations
for the beach nourishment project at a cost not to exceed
$99,575.31; with funding from the Beach Restoration Fund
(332-4164-572-31.30). The entire cost will be reimbursed from
federal, state and county appropriations.
8.J. CHANGE ORDER ~1/.5 MG ELEVATED TANK REHABILITATION:
Approve Change Order #1 in the amount of $20,000 to Eagle Tank
for additional surface preparation due to the presence of lead on
the underside of the tank and an additional coat of mastik paint
for uniform color and thickness; with funding from
442-5178-536-61.79.
8.K. C~IANGE ORDER TO ORIGINAL PURCHASE ORDER WITH AST
INSPECTION SERVICES/.5 MG ELEVATED TANK REHABILITATION: Approve
a change order in the amount of $6,815.00 to the original pur-
chase order with AST Inspection Services for additional inspec-
tion services with respect to the .5 MG Elevated Tank Rehabilita-
tion project; with funding from 442-5178-536-61.79.
8.L. CLOSEOUT CHANGE ORDER ~3 AND REQUEST FOR FINAL PAYMENT
- CHAZ EQUIPMENT COMPANY: Approve Change Order #3 in the amount
of $7,629.94 to close out the contract addition with Chaz Equip-
ment for the Highland Beach Water Main Interconnect project, and
final payment in the amount of $26,886.87 to Chaz Equipment for
completion of the Roosevelt Avenue Drainage Improvements project;
with funding from 441-5161-536-63.90.
8.M. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM:
Approve a funding subsidy in the amount of $17,123.00 for an
eligible applicant under the Delray Beach Renaissance Program,
with funding from State Housing Initiatives Partnership (SHIP)
program (118-1924-554-83.01).
8.N. RESOLUTION NO. 26-98: Adopt a resolution assessing
costs for abatement action required for the emergency enclosure
of an unsafe swimming pool at 3001 Sherwood Boulevard.
The caption of Resolution No. 26-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFEC-
TIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
6 4/07/98
UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(The official copy of Resolution No. 26-98 is on file
in the City Clerk's office.)
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period March 16th through April 3, 1998.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Contract award in the amount of $43,810 to Camaio
Surfaces, Inc., via School District of Palm Beach
County contract, for replacement of the gymnasium
floor at Pompey Park, including a five year
warranty; with funding from 334-4172-572-63.02
(General Construction Fund - Pompey Park Improve-
ments).
2. Purchase award in the amount of $63,000 to Lynch
Diversified Vehicles for a Police Mobile Command
and Communication Vehicle; with funding from
501-3312-591- 64.20 (City Garage Vehicle Replace-
ment - Automotive).
3. Bid awards to multiple vendors for medical and
drug supplies at an estimated annual cost of
$96,706.62; with funding from 001-2315-526-52.20
(General Fund - Fire Operations/General Operating
Supplies) on an as needed basis.
4. Contract renewal (18 months) with F.H. Foster Oil
Company and Petroleum Traders Corporation, via
Palm Beach County Co-op Bid #96178A, for the
purchase of gasoline and diesel fuel at an esti-
mated annual cost of $229,530; with funding from
445-4714-572-52.11 (Municipal Golf Course Mainte-
nance - Fuel/Oil-Other), 446-4714-572-52.11
(Lakeview Golf Course Maintenance - Fu-
el/Oil-Other), and 501-3311-591- 52.51 (Central
Garage Inventory-Fuel).
5. Bid award in the amount of $93,453.30 to Pavex
Corporation for the 1998 Street Resurfacing
Projects; with funding from 334-3162-541-61.17
(General Construction Fund - Street Reconstruc-
tion).
6. Grant awards through the State Housing Initiatives
Partnership (SHIP) program to Henry L. Haywood for
the rehabilitation of two City-owned HOPE III
units located at 608 South Swinton Avenue
($16,847.25) and at 235 S.W. 1st Avenue
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($22,926.75); with funding from 118-1924-554-49.19
(SHIP Program).
7. Contract award in the amount of $68,919.00 to
Jaffer Associates, Ltd. for the rehabilitation of
Drinking Water Well #24; with funding from
442-5178-536-63.97 (Water & Sewer Renewal and
Replacement - Raw Water Well #24 Rehabilitation).
8. Purchase award in the amount of $11,174.00 to
Santana Products, Inc., via the State Negotiated
Agreement Price Schedule (SNAPS) Agreement
#450148, for the renovation of restrooms at Pompey
Park; with funding from 001-4127-572-62.10 (Pompey
Park - Buildings).
9. Bid award in the amount of $151,135.00 to Southern
Sewer Equipment Sales, via City of Clearwater bid,
for a 1998 Vac-Con Sewer Cleaner mounted on a 1998
International Chassis Model 2554 with specified
options, with funding as follows: $40,000 from
501-3312-519-64.20 (City Garage Automotive Capi-
tal), $51,135 from 442-5178-536-64.90 (Other
Machinery & Equipment), and $60,000 from City
Garage Vehicle Replacement Reserve Funds.
Mr. Ellingsworth moved to approve the Consent Agenda,
with the amendment to Item 8.G. as stated by the City Attorney.
The motion was seconded by Mr. Egan. Upon roll call the Commis-
sion 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.
~.. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/LAKEVIEW LITTLE LAMB'S PRE-
SCHOOL: Consider a request for conditional use approval to allow
the establishment of Lakeview Little Lamb's Preschool, a proposed
child care facility at Lakeview Baptist Church, located at 2599
North Swinton Avenue. QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted as
a quasi-judicial proceeding which allows for presentations by all
involved parties, the admission of documents into the record and
public testimony.
The City Clerk swore in those individuals who wished to
give testimony on this item.
Paul Dorling, Principal Planner, entered the project
file into the record and gave a brief overview of the development
proposal. He stated that the Planning and Zoning Board consid-
ered the application at a public hearing on March 16, 1998, and
8 4/07/98
voted unanimously to recommend approval based upon positive
findings and subject to the following conditions:
(1) That the landscape materials on the currently approved
landscape plan (1994 approval) be installed in the vicinity of
the day care center which includes (a) installation of shade
trees with a maximum spacing of 25 feet on center along the north
and east property lines adjacent to the existing play area, and
(b) the perimeter hedge be infilled to produce a continuous hedge
along the north and east property lines adjacent to the existing
play area.
(2) That an agreement between the applicant and the City of
Boynton Beach to use the fire hydrant on S.W. 36th Street be
executed, or a new fire hydrant within the City of Delray Beach
be installed in Swinton Avenue adjacent to the day care facility.
(3) That an updated floor plan be submitted.
There being no one else from the audience who, having
been duly sworn, wished to speak on this item, the public hearing
was closed.
Mr. Randolph commented on the need to make sure there
will be sufficient storage space to accommodate converting from
the preschool facility to a Sunday School setting.
Mr. Randolph moved to approve the conditional use
request to allow the Lakeview Little Lamb's Preschool facility,
subject to the findings and conditions recommended by the Plan-
ning and Zoning Board. 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.
Mr. Schmidt stepped down for the following item.
(Note: Form 8B, Memorandum of Voting Conflict for County,
Municipal, and Other Local Public Officers, is on file in the
City Clerk's office.)
9.B. REQUEST FOR WAIVER (USE OF LOTS OF RECORD): Consider a
request to waive LDR Section 4.1.4(C) to allow the separate use
and sale of two adjoining lots of record within the Del-Ida Park
subdivision/historic district, which are under the same owner-
ship. QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item would be conducted
as a quasi-judicial proceeding which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished to
give testimony on this item.
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Paul Dorling, Principal Planner, entered the project
file into the record. He stated that the waiver request is to
allow the utilization of two 50 ft. lots for two structures; one
of the structures is existing and the other would be constructed
if the waiver is granted. Both lots, while not meeting the
minimum requirements in the zoning district, would be considered
buildable lots if they were under separate ownership. However,
as they are owned by the same individual, LDR Section 4.1.4(C)
requires the combining of the lots into one buildable lot. The
property is located in the Del-Ida Park Historic District which
is largely made up of similar 50 foot platted lots. The City's
Design Guidelines for Historic Districts contains language which
promotes consistency in the development pattern. If the waiver
is granted, it would lead to development which is consistent and
compatible with the balance of the district. In view of this,
the Historic Preservation Board as well as staff recommend that
the waiver request be approved, based upon a finding that it will
development which is consistent with the Design Guidelines for
Historic Districts, especially as it pertains to the rhythm of
building in the Del-Ida Park Historic District, and based on
positive findings with respect to LDR Section 2.4.7(B).
Mr. Ellingsworth moved to approve the waiver to LDR
Section 4.1.4(C), based upon the findings and recommendation of
the Historic Preservation Board. The motion was seconded by Mr.
Egan. Upon roll call the Commission voted as follows: Mayor
Alperin - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 4 to 0 vote.
Mr. Schmidt stepped back up to the dais.
9.C. TRAFFIC CALMING ON S.E. 7TH AVENUE (RIO DEL REY
SHORES): Consider approval of the schematic plan for a traffic
calming program for S.E. 7th Avenue, between S.E. 7th Street and
S.E. 10th Street, in the Rio Del Rey Shores neighborhood.
John Walker, Project Coordinator, stated that this
project started out as a street closure request from the Rio Del
Rey Shores Homeowners Association through the traffic pattern
modification procedure. Staff worked with the homeowners associ-
ation over a period of a couple of months to create a schematic
plan for traffic calming. In the plan, vehicular traffic will be
restricted by raised median islands that prohibit turning move-
ments into S.E. 7th Avenue from S.E. 10th Street (allowing
southbound only), and into S.E. 7th Avenue from S.E. 7th Street
(allowing northbound only). Vehicles entering the neighborhood
will be restricted to using S.E. 8th Street. Pedestrian move-
ments into the neighborhood will be discouraged by the presence
of privacy walls along the north boundary of Knowles Park, along
the west side of S.E. 7th Avenue from S.E. 10th Street to S.E.
9th Court, and along the west side of S.E. 7th Avenue from S.E.
8th Street to S.E. 7th Street. The Planning and Zoning Board
considered the schematic plan at a public hearing on March 16,
1998, and voted unanimously to recommend approval of the traffic
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calming plan. The action requested of the City Commission this
evening is approval of the schematic plan only. Once approved by
the Commission as a schematic, staff will request this project be
included in next year's capital improvement program for design.
Ultimately, the cost of the improvements will be borne by the Rio
Del Rey Homeowners Association through a special assessment.
Mr. Egan moved to approve the schematic plan for a
traffic calming program for S.E. 7th Avenue, between S.E. 7th
Street and S.E. 10th Street, in the Rio Del Rey Shores neighbor-
hood, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
9.D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Consider a request for special event approval for the Art & Jazz
scheduled for May 14, 1998, including temporary use permit and
street closure, staff support, use of City equipment, and speci-
fied overtime costs.
Robert A. Barcinski, Assistant City Manager, stated
that the next Art & Jazz is scheduled to be held on May 14, 1998.
The request for approval includes a temporary use permit for the
closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 7th
Avenue and the south side of Atlantic Avenue from S.E. 7th Avenue
to just pas the Blue Anchor Inn. Also requested is staff support
for security and traffic control, banner hanging and removal,
barricade setup and removal, clean up, and use and set up of City
stages. The estimated overtime for this event is about $8,200.
City Commission capped the amount the City would pay for overtime
at $7,500 for the January Art & Jazz. Actual overtime costs for
that event were $8,034 and the Joint Venture reimbursed the City
the difference. Mr. Barcinski stated that staff recommends
approval of the special event request, setting an upper limit of
$7,500 for overtime costs with any difference to be paid by the
Joint Venture.
Mr. Randolph moved to approve the special event request
for the May 14, 1998, Art & Jazz, as recommended by staff. The
motion was seconded by Mr. Schmidt. 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.
9.E. CRA REOUEST TO RESOLVE LIENS AGAINST PROPERTY LOCATED
WITHIN THE WEST SETTLERS HISTORIC DISTRICT: Consider a request
from the Community Redevelopment Agency (CRA) to waive accumulat-
ed interest and administrative fees levied against property
located at 309 N.W. 1st Street (Lot 16, Block 35, Town of Del-
ray).
Lula Butler, Director of Community Improvement, ex-
plained that the Community Redevelopment Agency (CRA) is trying
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to purchase this lot in the West Settlers Historic District, but
the lot has several liens on it from City-initiated activity.
The CRA is negotiating with the property owner to acquire the lot
at the appraised value of $11,500. The owner desires to realize
a net profit of $6,000 from the sale of the property. The City
has been abating nuisances on the property since 1986 and demol-
ished an unsafe structure in 1990, with actual out-of-pocket
costs totaling $3,572.73. The CRA is asking for the waiver of
the interest and administrative fees totaling $4,947.41. Staff
recommends that the owner be required to pay the City's actual
out-of-pocket costs in the amount of $3,572.73.
Mr. Egan moved to approve the CRA's request to waive
accumulated interest and administrative fees levied against
property located at 309 N.W. 1st Street (Lot 16, Block 35, Town
of Delray), with the City to be reimbursed for actual out-of-
pocket costs in the amount of $3,572.73. The motion was seconded
by Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5
to 0 vote.
9.F. REQUEST TO ISSUE NOTICE OF INTENT TO ACQUIRE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF SWINTON AVENUE AND S.W. 10TH
STREET: Consider authorizing staff to issue a formal notice of
intent to acquire the 3 acre, vacant property located at the
northwest corner of Swinton Avenue and S.W. 10th Street for use
under the City's affordable housing program.
Lula Butler, Director of Community Improvement, stated
the request is for the City Commission to grant approval for the
issuance of a formal notice of the City's intent to acquire the
three acre, vacant property located at the northwest corner of
Swinton Avenue and S.W. 10th Street. The property is zoned R-iA
(Single Family Residential) District and the intent is to pur-
chase the property with State Housing Initiatives Program (SHIP)
funds and/or Community Development Block Grant (CDBG) funds for
ultimate development as an affordable housing opportunity for
moderate income households. The actual acquisition would proba-
bly occur during the 1998/99 fiscal year.
Mr. Ellingsworth moved to approve the issuance of a
formal notice of intent to acquire the three-acre, vacant proper-
ty located at the northwest corner of Swinton Avenue and S.W.
10th Street; 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.
9.G. EXTENSION OF RIGHT TURN LANE ON N.E. 4TH STREET (FEC
RAILROAD TRACKS TO N.E. 5TH AVENUE): Consider the preliminary
cost estimate and authorization for staff to proceed with the
design for extending the right turn lane on N.E. 4th Street from
N.E. 5th Avenue west to just east of the FEC Railroad tracks.
-12- 4/07/98
The City Manager commented that N.E. 4th Street is
being used more and more to gain access over to the Federal
Highway pair, and traffic has developed to the point where
frequently it backs up across the railroad. Alot of the drivers
want to turn right to go downtown, and he felt it would be
advantageous to facilitate that movement. The cost will be
fairly moderate at less than $13,000, and staff would like to
proceed with the design and getting firm prices for the project.
Mr. Schmidt commented that he feels alot of the backup,
besides the volume of traffic, is due to the timing of the lights
on N.E. 4th Street and asked that the City check with either the
County or FDOT in this regard. The way the lights are timed now,
if you are heading east on N.E. 4th Street, you'll get the green
light at southbound Federal Highway (N.E. 5th Avenue), but not at
northbound Federal (N.E. 6th Avenue). Mr. Schmidt also mentioned
there is another problem at N.E. 8th Street (George Bush Boule-
vard) where he has noticed that the westbound traffic on 8th
Street will, with the way the arrow is synchronized coming off of
Federal, make the turn onto 8th Street but then the light does
not change at 8th and southbound Federal and there are cars
backed up onto Federal Highway.
Randal Krejcarek, City Engineer, stated he would make a
request to Palm Beach County to review these situations.
Mr. Egan moved to authorize staff to proceed with the
final design for the right turn lane on NoE. 4th Street at 5th
Avenue as well as obtain prices for its construction, 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.H. LETTER OF INTENT TO JOIN IN A CITY/COUNTY PARTNERSHIP
TO DEVELOP A LOCAL MITIGATION STRATEGY: Consider approval of a
letter to the Palm Beach County Division of Emergency Management
giving notice of the City's intent to proceed toward joining in a
partnership with the County to develop a single, unified Local
Mitigation Strategy.
The City Manager stated that staff has been working
with the County and a number of cities in the County on determin-
ing the best way to approach this project. It appears that the
strategies will probably be about the same for all the cities,
although the list of applications will be different, and it would
be best for the City to go ahead and participate with the County
to develop a local mitigation strategy.
Mr. Egan moved to approve the letter of intent to join
in a City/County partnership to develop a single, unified Local
Mitigation Strategy, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan -
4/07/9s
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes. Said motion passed with a 5 to 0 vote.
9.I. MEMORANDUM OF AGREEMENT/SOUTH FLORIDA COMMUNITY-URBAN
RESOURCES PARTNERSHIP: Consider approval of a Memorandum of
Agreement with the South Florida Community-Urban Resources
Partnership, a coalition of public and private organizations
concerned with enhancing the quality of life and the natural
environment in South Florida.
The City Manager stated that while he opposes the whole
concept, as long as it exists he feels we should stay informed
about what is going on and be prepared to take advantage of any
grants or other things that may become available through the
South Florida Community-Urban Resources Partnership. In view of
this, he recommended that the City enter into the Memorandum of
Agreement.
Mr. Randolph moved to approve the Memorandum of Agree-
ment with the South Florida Community-Urban Resources Partner-
ship, with John Walker serving as the City's representative. The
motion was seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - No;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 4 to 1 vote.
9.J. APPOINTMENT OF ASSISTANT CITY ATTORNEY/POLICE LEGAL
ADVISOR: Consider approval of an appointment to the position of
Assistant City Attorney/Police Legal Advisor as recommended by
the City Attorney.
The City Attorney stated she wished to recommend the
appointment of Ms. Catherine Kozol for the position of Assistant
City Attorney/Police Legal Advisor. Ms. Kozol's strong back-
ground and credentials eminently qualify her for this position.
Subject to City Commission, Ms. Kozol will begin work for the
City on April 13, 1998.
At this point, Ms. Ruby introduced Ms. Kozol to the
City Commission.
Mr. Ellingsworth moved to approve the appointment of
Catherine Kozol as Assistant City Attorney/Police Legal Advisor,
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.K. SETTLEMENT PROPOSAL/MORRIS V. CITY AND CHARLES McCUTCH-
EON: Consider a proposed settlement of the City's portion of the
case as recommended by the City Attorney.
Mr. Randolph moved to approve settlement of the City's
portion of the case for $9,750.00 which includes all costs and
-14- 4/07/98
attorney's fees. 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.
9.L. SETTLEMENT PROPOSAL/McCOOL V. CITY OF DELRAY BEACH:
Consider a proposed settlement of the referenced matter and
counter offer recommended by the City Attorney.
Mr. Schmidt moved to approve settlement in the amount
of $13,500.00 inclusive of all attorney's fees and costs, second-
ed 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.
At this point, the time being 6:45 p.m., the Commission
moved to Item 12., First Readings.
12. FIRST READINGS
12.A. ORDINANCE NO. 16-98: An ordinance amending Chapter 112,
"Alarm Systems", Section 112.06, "Exemptions", of the City Code
by enacting a new subsection 112.06(C) to provide an exemption
from the provisions of Chapter 112 for school facilities owned by
the Palm Beach County School District. If passed, a public
hearing will be scheduled for April 21, 1998.
The City Manager presented Ordinance No. 16-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 112, "ALARM SYSTEMS" SECTION 112.06,
"EXEMPTIONS" BY ENACTING ~ NEW SUBSECTION
112.06(C) TO PROVIDE AN EXEMPTION FROM
CHAPTER 112 FOR SCHOOL FACILITIES OWNED BY
THE PALM BEACH COUNTY SCHOOL DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 16-98 is on file in the City
Clerk's office.)
The City Attorney read the caption of the ordinance.
No one from the audience wished to address the Commission on this
item.
Mr. Egan moved to approve Ordinance No. 16-98 on FIRST
Reading, seconded by Mr. Schmidt. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
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At this point, the Commission moved to Item 11.,
Comments and Inquiries on Non-Agenda Items from the Public (City
Manager's response to prior public comments and inquiries).
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 question raised about whether the
City has an early warning system for impending tornadoes, the
City Manager stated the answer is no. The old time siren warning
systems that were in use years ago for small communities are not
viable for today's urban populations. Currently, the only
warning system in use in the area is television and radio media.
There is a weather radio on the market now that can be activated
by the National Weather Service in the event of approaching
severe weather. These radios are available at most electronics
stores at an approximate cost of $50.00. The Fire Department
provides community hurricane education programs, and has now
started including a presentation on tornado preparation.
With respect to the comments about an abandoned recrea-
tional facility near the Tri-Rail Station on Congress Avenue, the
City Manager reported that the Director of Parks and Recreation
had visited the site. There is an abandoned ballfield there with
a backstop overgrown with foliage. Mr. Weldon contacted Dennis
Eschelman, Palm Beach County's Director of Parks and Recreation
who indicated that he thought the ball diamond once belonged to a
church whose property had been purchased by Palm Beach County for
use as County facilities. Mr. Eschelman indicated it has never
been a baseball diamond for public use that was owned or main-
tained by Palm Beach County. The location of the diamond in the
midst of the County complex does not lend itself well for a
public recreation facility.
On question from Mayor Alperin, the City Manager stated
that the baseball diamond is not really in a location where it is
easily accessible to children. He felt it preferable for the
City to focus more on the development of the southwest park and
perhaps some more development at the Catherine Strong Center in
conjunction with the Boys and Girls Club. Also, Mr. Weldon would
like to upgrade and light the field at the Boy Scout Hut. These
are areas that would have priority since they are readily acces-
sible to residential areas.
Concerning the comment about the lack of response from
the Sheriff's Office to an incident that Mrs. Alice Finst was
aware of at the Tri-Rail Station, the City Manager reported that
the Sheriff's Office does not routinely respond to non-emergency
calls within any municipality unless requested by the law en-
forcement agency of jurisdiction. If an emergency exists, the
Sheriff's Office will respond and maintain the scene until the
-16- 4/07/98
appropriate municipal agency arrives. The information reported
by Mrs. Finst was forwarded to the South District Commander to
apprise him of her concerns.
With respect to the concern expressed over the Marine
Way (blue) building at 1000 Lake Ida Road, the City Manager
reported that the owner has responded to some issues such as
cleaning the yard, moving an inoperable truck and removing an
unauthorized trash dumpster. However, there has been no progress
on paving the side parking lot. Staff has worked with the
owner's attorney to resolve issues related to site plan improve-
ments given the building's non-conforming status. A site plan
was submitted to Planning and Zoning that has not been approved
because it does not adequately address all of the improvements
required. The attorney is no longer representing this property.
A fine assessment hearing before the Code Enforcement Board is
scheduled for May 12, 1998. The compliance date was March 17,
1998.
In response to the complaint by Michael Alexander that
his mother, who lives at 45 S.W. 13th Avenue, is being harassed
by Code Enforcement, the City Manager stated that the property
owner has been cited five times in 1998 and twice in 1997. Four
of the citations addressed abandoned vehicles. Two addressed
nuisance abatement, one of which did address an incomplete stucco
and paint job. The other citation was for doing a re-roof
without a permit. All of the citations are legitimate and should
have been issued. Mrs. Alexander did apply for assistance under
the CDBG housing rehabilitation program. Her application for
assistance was denied in March, 1997, because the cost to rehab
the structure to code could not be accomplished within program
guidelines. CDBG regulations limit us to 50% of the value of the
structure or a maximum of $25,000. It was estimated that it
would cost $35,000+ to bring the unit up to code. The applicant
inquired again in August, 1997, and the Chief Building Official
conducted a second inspection of the unit and again determined
that the unit is beyond repair. In fact, the owner was required
to demolish an illegal, done without a permit second story
addition to this home that had numerous violations to the build-
ing code and was determined to be unsafe. The Chief Building
Official revisited the structure on April 3, 1998, in response to
Mr. Alexander's complaint. Again, in his opinion, the structure
cannot be rehabbed within our program limits. The home's struc-
tural components have been made unsound after a number of repairs
and/or remodeling attempts over several years that were done
without permits or inspections.
Concerning the comments made about the Check Cashing
Store and its appearance, the City Manager reported that the site
plan elevations and paint colors were approved by the Historic
Preservation Board on December 18, 1997. The art modern style of
the building is appropriate to the streetscape and there are
examples of this style at 700, 836, 1210, 1214 and 1220 East
Atlantic Avenue. The basic design and stylistic elements of the
-17- 4/07/98
building were taken directly from the City's Design Guidelines
for Historic Districts. The trim color is brighter than envi-
sioned during approval; however, it will fade with time. The
light fixtures underneath the eaves were not approved with the
elevations and will require approval by the Historic Preservation
Board in order to remain.
With respect to the complaint about drug traffic on
S.W. 9th Avenue, the City Manager stated that since January,
1998, the walking beat has spent 18 hours a day, 5 days a week
dedicated to the eradication of drug sales on S.W. 9th Avenue.
Efforts have included narcotics sting operations, video buy busts
and extra patrols. In addition, during every tour of duty, the
Mobile Command Center is parked on the Elks Lodge property which
essentially creates a continuous police presence. Since January
of 1998, twenty-two (22) arrests have been made at this location;
six were narcotics-related. Two large scale operations have also
been conducted by the Police Department that netted several
additional arrests. The officers have attempted to meet with the
Lincoln Homeowners Association, but have not been able to get
residents to attend. They have had two meetings with the land-
lord for 26-28 S.W. 9th Avenue. The City's officers have been
both diligent and innovative in their approach to S.W. 9th
Avenue. The missing link to total success is the property owners
themselves. The landlord refuses to screen his tenants and
historically allows a criminal element to live in his apartments.
The situation on S.W. 9th Avenue is an excellent example of how a
neighborhood becomes unstable and cannot be stabilized. The area
is almost 100% rental property with a large transient population.
Residents typically stay less than one year or the term of one
lease. These conditions result in a lack of ownership by those
who live in the area. S.W. 9th Avenue epitomizes this observa-
tion. In short, the Police Department would welcome any innova-
tive ideas especially those that would hold landlords accountable
for the criminal activity of their tenants.
Concerning the complaints from Mrs. Mosley about the
Police Department's alleged harassment and abuse of her son and
entering her premises without a warrant, the City Manager gave a
summary report of an incident which occurred in September, 1997,
concerning Alan Mosley and his arrest for the sale of crack
cocaine. He also reported on an incident which occurred in July,
1997, when Mr. Mosley was also arrested for sale of cocaine.
At this point, the time being 7:05 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 15-98 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending Section 4.4.9, "General Commercial
(GC) District", and Section 4.4.13, "Central Business (CBD)
District", of the Land Development Regulations to include the
4/0?/98
rental of sporting goods and equipment as a permitted use,
subject to certain restrictions. If passed, a second public
hearing will be scheduled for April 21, 1998. Prior to consider-
ation of passage of this ordinance on FIRST Reading, a public
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 15-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED" OF THE LAND
DEVELOPMENT REGULATIONS OF THE ~ITY OF DELRAY
BEACH, TO ALLOW THE RENTAL OF SPORTING GOODS
AND EQUIPMENT AS A PERMITTED USE; AMENDING
SECTION 4.4.9(H), "SPECIAL REGULATIONS", TO
PROVIDE RESTRICTIONS ON THE OUTDOOR DISPLAY
OF SPORTING GOODS AND EQUIPMENT FOR RENT;
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS
(CBD) DISTRICT", SUBSECTION 4.4.13(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", TO
ALLOW THE RENTAL OF SPORTING GOODS AND
EQUIPMENT AS A PERMITTED USE; AMENDING
SECTION 4.4.13(H), "SPECIAL REGULATIONS", TO
PROVIDE LOCATIONAL AND OUTDOOR DISPLAY
RESTRICTIONS FOR SAID USE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 15-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Paul Dorling, Principal Planner, stated the amendment
was initiated by the Planning and Zoning Board as the rental of
sporting goods and equipment is not specifically listed in the GC
or the CBD zoning districts. These two zoning districts do,
however, allow the sale of sporting goods as a permitted use and
they also allow the provision of service and repair of these
items as incidental to that principal use. While it appears
appropriate to allow the rental of sporting equipment, limita-
tions on outdoor display and the number of rental facilities in
the downtown should be considered. The Planning and Zoning Board
considered the text amendment at a public hearing on March 16,
1998. The Board discussed limiting the use and did decide to
limit the use to one business renting a specific category every
300 feet measured in a straight line from door to door. With
this change, the Planning and Zoning Board recommended approval
of the text amendment.
-19- 4/07/98
Mayor Alperin declared the public hearing open. There
being no one from the audience who wished to address this issue,
the public hearing was closed.
Mr. Egan moved to approve Ordinance No. 15-98 on FIRST
Reading, 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.
11.B. From the Public.
11.B.1. Charlotte Wright, 802 N.W. 2nd Street, stated that at
the March 17th meeting she had spoken about the poor condition of
alleyways and streets on the west side of Swinton Avenue off of
Atlantic Avenue and her feeling that this section of the City
does not receive as much attention as east of Swinton Avenue.
She inquired again if there are any plans for the City to begin
working on the roads and alleys on the west side of town?
In response, the City Manager stated there is work
scheduled this summer for a number of streets in the northwest
section, particularly N.W. 3rd Street, 6th, 7th and 8th Avenues
and, he believes, N.W. 4th Terrace. Ail of these streets will be
reworked this summer in conjunction with a drainage project to
improve the drainage in that area. With respect to alleys, the
City's policy has been to pave the alleys in the commercial areas
but not residential areas. This is basically what has been done,
but there are a lot of alleys in the City that need to be looked
at for what can be done in the long term. The City Manager
recommended that the streets be worked on first to get them in
good condition and then think about doing work on some of the
alleys or get them abandoned.
11.B.2. Gerald DeFoe, resident of Country Manors and represent-
inq the Progressive Residents of Delra¥ (PROD), asked that
consideration be given to installing left hand turn signals at
the intersection of Swinton Avenue and N.E. 4th Street/Lake Ida
Road, particularly during peak hours.
The City Manager indicated we would send a request to
Palm Beach County asking them to study the intersection to see if
the turn signals are warranted.
11.B.3. Janet Patrick, resident in the area of S.W. 6th Avenue
and 3rd Street, spoke concerning the ongoing drug problem in her
neighborhood. She thanked the Police Department for their
efforts which resulted in driving the dealers out of the area for
awhile, but now it is coming back. Ms. Patrick stated she had
recently been threatened by these drug dealers who told her they
were going to blow up her house. She wanted the Commission to be
aware of what was going on and urged the Police Department to
continue their patrols and efforts in trying to clean up the area
by getting rid of the drug problem.
-20- 4/07/98
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
In response to the inquiry about the Marriott lot, the
City Manager stated that the City now has access to the north row
of the north lot for public parking. It has been marked as such;
meters have been ordered and should be delivered and installed
within a month. The City's Engineering Division is working on a
gate design and installation, and the Fire Department has been
instructed to leave the pedestrian gate open during daylight
hours.
With respect to the changes in the garbage collection
service in the Seacrest area, the City Manager reported that for
the past four weeks Code Enforcement personnel have carefully
monitored the entire northeast area from N.E. 4th Street to
Gulfstream Boulevard between the railroad and North Swinton
Avenue. They have been pleased with the level of compliance with
the new collection procedures which went into effect on February
2, 1998. They found that the overwhelming majority of residents
were abiding by the changes in bulk collection days and the
existing vegetation collection day. There were some startup
problems, but they have been corrected. Staff has monitored bulk
and vegetation removal services over the last four weeks by spray
painting material at curbside and then touring the area on
collection day with BFI's field supervisor. It is felt BFI's
crews have done an excellent job. Under the contract, they have
until 6:00 p.m. to complete the collection service. Collection
hours may be extended provided they receive prior approval from
Code Enforcement. BPI has not requested any extension in collec-
tion hours recently; however, they have periodically reported
problems and delays at the transfer station in Delray Beach.
Staff has reminded BFI about securing prior approval to extend
collection hours. However, if the transfer station is experienc-
ing delays or problems, all firms and municipalities using the
facility will experience significant collection delays. BFI
intends to distribute additional garbage collection brochures
translated to Spanish and Creole in areas northeast and southeast
to secure more compliance with procedures. No adverse comments
have been received from the Seacrest Homeowners Association
relative to service levels or excessive early set-out since the
inception of revised collection procedures. Allowing for startup
problems the first couple of weeks, BPI has performed well and
City staff assigned to the area has provided a large amount of
support to fairly and thoroughly enforce collection rules.
Monitoring procedures are being rotated to ensure that BPI
services are at the same level in all parts of the City.
13.B. City Attorney.
The City Attorney had no comments.
13.C. City Commission.
-21- 4/07/98
13.C.1. Mr. E11inqsworth had no comments or inquiries.
13.C.2. Mr. Randolph inquired as to the status of the Military
Trail utility relocation project? The City Manager indicated he
thought the project is nearing completion, but would find out the
status.
13.C.3. Mr. Schmidt commented that he knows the Seacrest
Homeowners have some pictures of the garbage situation in the
neighborhood and want to discuss the matter with the City Manag-
er.
Mr. Schmidt further stated that the park behind Plumosa
Elementary on N.E. 3rd Avenue has an unpaved parking area which
is pretty much an eyesore. Also, on the other side of school
along the Seacrest Boulevard right-of-way, there is no landscap-
ing or grass; it is basically gravel and weeds. Mr. Schmidt
asked that the School Board be contacted about making some
improvements to these areas.
13.C.4. Mr. Eqan had no comments or inquiries.
13.C.5. Mayor Alperin stated that several people at a recent
Beach Property'~wners Association (BPOA) meeting mentioned to him
that there are chairs and tables on the sidewalk on A1A that are
totally blocking pedestrian travel. He asked that this be looked
into to ensure there is adequate space for pedestrians.
Mayor Alperin then stated that he had received a copy
of Mr. Barcinski's letter to Linda Heinz about the School Dis-
trict's failure to reimburse the City $7,500 for the property
across from the high school. They were supposed to have done
this by October, 1997, and it hasn't been done yet. Mayor
Alperin expressed his dissatisfaction with the School Board about
letting something like this go this long.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:30 p.m.
· ZCity- C~k /
ATTEST.'.~~
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the
minutes of the meeting of said City Commission of April 7, 1998
which minutes were formally approved and adopted by the City
Commission on ~/_~,'~ al/ /9~ .
-22- 4/07/98
Cit~ Clerk- / -' '
NOTE TO READER:
If the minutes you have received are not completed as indicated
above, this means they are not the official minutes of the City
Commission. They will become the official minutes only after
review and approval which may involve some amendments, additions
or deletions.
-23- 4/07/98
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I &~;1%&MI I IR'~I \.%MI MIl)IH! %AMI: NAMEOF UOARD.(.Y~)UNCII..(Y3MMIN.~ION. AU1HORI1Y. OR COMMIt'lEE
Sc~dt, David Willi~ Delray Beach City Co~ission
~'.,CH I serve ,s a rnn oe
100
5th
Avenue
~AM~ OF ~JT~CAL
Delray Beach, FL 33483 Pa~ Beach
tit7 of ~elra7
DAlE O% ~HI('H %()11 (~ Ct RRFI) MY ~H'ION I~:
April 7, 1998 ~ ELE~IvE ~ AP~InTIVE
WHO MUST FILE FORM
This form is for usc by an.,.' person scr,.ing at the count.v, city, or other local le,.el of go,.ernment on an appointed or elected board.
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict or interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law ~'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 reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3t43, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure ~'hich inures
to his special priYate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case~ you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to' the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interesL but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You .~hould complete the form and file it within 15 days after/,he vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
i, David W. Schm~dt , hereby disclose that on April 7 , 19 98 :
(a) A measure came or will come before my agency which (check one)
~ inured to m.~ special pri~ate gain; or
(b) The measure before my agency and the nature of my interest in the measure is as follows: ~ ~ ~
\
Date IFiled Signat ute
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM #B - I~l PA, GE