10-21-97 OCTOBER 21, 1997
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,
October 21, 1997.
Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2__=. The opening prayer was delivered by Rabbi Samuel M.
Silver, Rabbi Emeritus, Temple Sinai.
3__. The Pledge of Allegiance to the flag of the United
States of America was given.
4__~. Agenda Approval.
Mr. Schmidt asked that Item 8.A., Final Plat Approval/
Hegstrom Boundary Plat, be moved from the consent agenda to the
beginning of the regular agenda as Item 9.AA.
Mr. Ellingsworth asked that Item 8.K., Rules and
Regulations of the Historic Preservation Board, be moved from the
consent agenda to the regular agenda as Item 9.AAA.
The City Attorney stated that with respect to Item
8.E., In-Lieu of Parking Fee Agreement/Caffe Luna Rosa, Inc.,
paragraph 4. (b) should be corrected to read, "Two (2) payments
...", not "Three (3) ..." as shown. Also, with respect to Item
8.D., Acceptance of County Deeds Conveying 14 Parcels of Land to
the City, the City Attorney stated that approval would be subject
to obtaining clear title to the properties. She assumes this is
the case, but would qualify the approval as a cautionary measure.
Both items may be approved on the consent agenda with the clari-
fications stated for the record.
Mr. Egan moved to approve the agenda as amended,
seconded by Mr. Schmidt. Upon roll call the City 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
Regular Meeting of October 7, 1997, seconded by Mr. Ellingsworth.
Upon roll call the Commission voted as follows: Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes. Said motion passed by a 5 to 0 vote.
6. Proclamations:
6.A. Delray Beach Orchid Society's 7th Annual Show - October
31 through November 2, 1997.
Mayor Alperin read and presented a proclamation in
recognition of the Delray Beach Orchid Society's 7th Annual AOS
Judged Show, "Orchids on the Square", which will be held at the
Old School Square gymnasium on October 31 through November 2,
1997. Representatives from the Delray Orchid Society came
forward to accept the proclamation.
6.B. OF NOTE:
National EDilepsy Awareness Month - November, 1997.
Mayor Alperin presented a proclamation in recognition
of National Epilepsy Awareness Month which will be observed
during the month of November, 1997.
7. Presentations:
7.A. RESOLUTION NO. 76-97: A resolution recognizing and
commending Matthew ("Bump") Mitchell for 30 years of service to
the City of Delray Beach.
The caption of Resolution No. 76-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING MATTHEW "BUMP" MITCHELL, JR.
FOR THIRTY (30) YEARS OF DEDICATED SERVICE TO
THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 76-97 is on file
in the City Clerk's office.)
Mayor Alperin read Resolution No. 76-97 in its entire-
ty. Mr. Randolph moved to approve Resolution No. 76-97, 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.
Sergeant Mitchell came forward to accept the resolution
from Mayor Alperin who also presented a plaque in grateful
appreciation for the years of dedicated service to the City of
Delray Beach and especially to the youth of the community.
2 10/21/97
8. CONSENT AGENDA: City Manager recommends approval.
8.A. MOVED TO THE REGULAR AGENDA AS ITEM 9.AA.
8.B. ACCEPTANCE OF EASEMENT DEED/LEVENGER FACILITY AT
CONGRESS PARK SOUTH: Accept an easement deed from Levenger
Company for a 12 ft. utility easement within the Replat of
Congress Park South to accommodate the installation of a water
line in conjunction with the expansion of the Levenger facility.
8.C. RESOLUTION NO. 79-97 AND ACCEPTANCE OF EASEMENT DEEDS
FOR THE ALZHEIMER'S CARING CENTER: Adopt a resolution authoriz-
ing the execution of a quit claim deed to Rainberry Lakes Home-
owner's Association in exchange for utility easements, and accept
three easement deeds (one from Rainberry Lakes Homeowner's
Association and two from Alzheimer's Community Care Association)
to provide water and sewer to the Alzheimer's Caring Center
located at the northwest corner of Congress Avenue and Lake Ida
Road.
The caption of Resolution No. 79-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO EXCHANGE CERTAIN REAL PROPERTY IN
PALM BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY AUTHORIZING THE EXECUTION OF A
QUIT CLAIM DEED TO RAINBERRY LAKES HOMEOWN-
ER'S ASSOCIATION IN EXCHANGE FOR UTILITY
EASEMENTS TO PROVIDE WATER AND SEWER TO THE
ALZHEIMER'S CARING CENTER.
(The official copy of Resolution No. 79-97 is on file
in the City Clerk's office.)
8.D. ACCEPTANCE OF COUNTY DEEDS CONVEYING 14 PARCELS OF LAND
TO THE CITY: Accept County deeds conveying 14 parcels of land
located within the municipal limits of the City from Palm Beach
County to the City of Delray Beach. (Subject to the caveat
stated by the City Attorney under Item 4., Agenda Approval.)
8.E. IN-LIEU OF PARKING FEE AGREEMENT/CAFFE LUNA ROSA, INC.:
Approve an agreement for payment of $6,000 in-lieu of providing
one required parking space in conjunction with improvements to
the Caffe Luna Rosa restaurant located at 34 South Ocean Boule-
vard. (Subject to the correction to paragraph 4. (b) as noted by
the City Attorney under Item 4., Agenda Approval.)
8.F. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS
WITH SIX SUBRECIPIENTS: Authorize the execution of funding
agreements with six subrecipients under the Community Development
Block Grant (CDBG) program for FY 1998, with total funding in the
amount of $148,600 from various accounts within the CDBG fund.
3 10/21/97
8.G. AGREEMENT WITH HABITAT FOR HUMANITY: Approve an
agreement between the City and Habitat for Humanity authorizing
the City to acquire and convey five (5) lots to Habitat for
Humanity for the purpose of providing affordable housing for low
income families during FY 1998, with funding from
118-1974-554-61.10.
8.H. SPECIAL EVENT APPROVAL/EASTERN SURFING ASSOCIATION:
Approve a request from the Eastern Surfing Association for
special event approval to hold a surfing contest at the municipal
beach on Saturday, November 8, 1997, from 8:00 a.m. to 5:30 p.m.
8.I. CLOSEOUT CHANGE ORDER #1 AND REQUEST FOR FINAL PAY-
MENT/MAJESTIC GROUP ENTERPRISES: Approve closeout Change Order
#1 in the net deduct amount of $1,362.42 and request for final
payment in the amount of $15,758.18 to Majestic Group Enterpris-
es, Inc., for completion of the N.E. 1st Court utility improve-
ments project, with funding from 442-5178-536-61.37.
8.J. APPROVAL OF PAYMENT FOR SOFTWARE SUPPORT AT WATER
TREATMENT PLANT: Approve payment in the amount of $32,768 to
Control Systems Design, Inc., sole source provider, for software
support service maintenance on the operating system at the Water
Treatment Plant, with funding from 441-5122-536-46.90.
8.K. MOVED TO THE REGULAR AGENDA AS ITEM 9.AAA.
8.L. RESOLUTION NO. 78-97: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 21
properties throughout the City.
The caption of Resolution No. 78-97 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 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.
(The official copy of Resolution No. 78-97 is on file
in the City Clerk's office.)
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Site Plan Review and
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Appearance Board during the period October 6 through October 17,
1997.
8.N. AWARD OF BIDS AND CONTRACTS:
1. Contract renewal in the total annual amount of
$31,200 to U.S. Filter/Davis Process for mainte-
nance of wet scrubbers at Lift Stations 1, 4, 11 &
80, with funding from 441-5144-536-52.21.
Mr. Schmidt moved to approve the Consent Agenda, as
amended, 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.AA. FINAL PLAT APPROVAL/~EGSTROM BOUNDARY PLAT: Approve
the Hegstrom boundary plat which creates two duplex lots on
property located on the north side of N.E. 22nd Street.
Mr. Schmidt stated that he removed this item from the
consent agenda because of his concern about the appropriateness
of two duplexes in this area on N.E. 22nd Street, particularly in
light of the Seacrest neighborhood plan that is being developed
and the fact that all of the lots similar to these are going to
be proposed for rezoning to R-1AA Single Family. The discussion
has been to do away with allowing more duplexes in this area
because it is generally acknowledged that they have probably been
at the root of the problem along N.E. 3rd Avenue. Mr. Schmidt
stated he would propose postponing this matter for the purpose of
holding a quasi-judicial proceeding at a future meeting to give
the Seacrest Homeowners Association in particular an opportunity
to address this matter since he felt the association members were
probably not aware that this item was on the agenda.
After discussion, Mr. Schmidt moved to postpone consid-
eration of the final boundary plat for the Hegstrom property to
the November 18, 1997, regular meeting for the purpose of holding
a quasi-judicial hearing on the matter, seconded by Mr. Egan.
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellin~sworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.AAA. RULES AND REGULATIONS OF TEE ~ISTORIC PRESERVATION
BOARD: Approve the Rules and Regulations of the Historic Preser-
vation Board, as revised and adopted by the Historic Preservation
Board on June 18, 1997.
Mr. Ellingsworth noted that under Section 7., "Deci-
sions'', it indicates that the Chair votes last, and suggested
that the roll call votes be done on a rotating basis the same as
is done by the Commission. It was the consensus of the Commis-
sion to support this change. Mayor Alperin then questioned
Section 4., "Absences", where it provides that a board member
absent from three consecutive regular meetings shall constitute
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an automatic resignation, unless said absence is due to illness
or other extraordinary circumstances. The City Attorney stated
this is inconsistent with the ordinance for non-statutory boards
which provides for automatic resignation if three consecutive
regular meetings are missed. There is no provision for extenuat-
ing or extraordinary circumstances. There is the ability for the
City Commission to reappoint a member who has been automatically
removed from a board if the Commission finds there was truly an
extraordinary circumstance. It was the consensus of the Commis-
sion to have Section 4., "Absences", brought into conformity with
the City's ordinance.
Mr. Ellingsworth moved to approve the Rules and Regula-
tions of the Historic Preservation Board as amended to revise
Section 7 to provide for voting on a rotating basis and to revise
Section 4 to comport with the City's ordinance pertaining to
absences for non-statutory boards, 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. Randolph stated that with respect to
Item 8.L., Resolution No. 78-97 assessing costs for nuisance
abatement on various properties, he would like to know the
procedure or what is done when it is discovered that one of the
names shown on the list is, in fact, deceased? He has noticed on
a few occasions that the names shown are of people who have
passed away and inquired as to how it is handled to have the next
of kin or personal representative notified so that action could
be taken to clear up the matter instead of having it go on for
some time and continue to accrue interest charges?
The City Manager responded that, by code, the tax roll
is used to determine ownership. The tax roll is always delayed
to some extent, but sooner or later the change would show up as
'the estate of' with an administrator and we would contact them.
He stated he would check further to find out what kind of fol-
low-up might be done to discover this kind of situation in the
event there is no response to notices.
9. REGULAR AGENDA:
9.A. AUTHORIZATION TO PROCEED WIT~ EXPANSION OF T~E DOWNTOWN
DEVELOPMENT AUTHORITY: Consider authorizing staff to commence
the process for expansion of the Downtown Development Authority
to include the West Atlantic Avenue corridor between Swinton
Avenue and 1-95.
Assistant City Attorney David Tolces stated that City
staff in conjunction with the DDA have been working to develop a
legal description as well as a map for the proposed expansion of
the Downtown Development Authority (DDA) from Swinton Avenue west
to 1-95. At the DDA's October 15th meeting, their board approved
the expansion area and voted to recommend to the City Commission
that the City file a local bill to be passed by the state legis-
6 10/21/97
lature to amend the DDA boundaries. At this time the request
before the Commission is authorization to commence the process
for submitting a local bill to the local legislative delegation.
The proposed expansion area is generally west of Swinton Avenue
and east of 1-95, encompassing the General Commercial zoning
district. If the legislature passes the bill, it will come back
for a referendum among the registered voters who live in the
area.
Mr. Randolph stated he feels it is important to have
some questions answered before a local bill is considered by
Tallahassee and the question is scheduled for a referendum. He
also felt it would be important to get a good feel from the
property owners and the tenants of the affected properties along
West Atlantic Avenue to guage how they feel about it, especially
before taking it to referendum. For example, if the DDA bounda-
ries are extended to include the West Atlantic Avenue corridor,
what would this do to the membership of the DDA board? Would it
be expanded to include new members to represent this area? Mr.
Randolph stated he would look to the DDA for some answers and
recommendations.
Mr. Ellingsworth concurred with Mr. Randolph. He felt
it would be appropriate to expand the DDA membership from five to
seven members with appropriate representation, and would appreci-
ate a recommendation from the DDA in this regard.
Upon question from Mayor Alperin, Michael Listick,
Chairman of the Downtown Development Authority, stated that he
has attended several Delray Merchants Association (DMA) meetings
over the last few years. The DMA is aware of and has requested
the DDA to pursue the expansion along the West Atlantic Avenue
corridor.
In further discussion, Mr. Schmidt felt we ought to
move ahead with authorizing the process to commence and work on
answering the questions before the local bill has to be filed.
He commented that since being elected, he has regularly attended
the DMA meetings and knows they are wholeheartedly behind this
expansion.
Mr. Listick requested the Commission approve the
proposed boundary this evening. Then, in the next two weeks the
DDA will study and get back to the Commission with a recommenda-
tion about expanding representation on the DDA board. Since the
filing deadline is December 1, 1997, that would still leave time
to amend the local bill language.
Mr. Egan moved to authorize the City Attorney's Office
to commence the process for expansion of the Downtown Development
Authority, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
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9.B. SPECIAL EVENT APPROVAL/ART AND JAZZ ON THE AVENUE:
Consider a request for special event approval for two (2) Art and
Jazz events to be held on October 30 and December 11, 1997,
including closure of Atlantic Avenue from Swinton Avenue east to
Salina Avenue, staff support including overtime and use of City
equipment.
Assistant City Manager Robert A. Barcinski explained
that this request for special event approval for the next two Art
and Jazz events includes a request to expand the closure of
Atlantic Avenue from Swinton Avenue east to Salina Avenue,
whereas in the past the avenue has been closed from Swinton to
N.E./S.E. 7th Avenue. The reasons for this change include Police
concerns about pedestrian safety especially from the bridge over
to Venetian Drive, and the desire to give more exposure to the
businesses on the east side of the Intracoastal Waterway. The
Joint Venture is seeking staff assistance for traffic control,
Police security, barricade set-up and removal, stage set-up and
removal and clean-up. Mr. Barcinski then discussed the estimated
costs and manpower requirements for the expanded events, noting
his recommendation to reassign the regular hours of work for
Parks and Recreation personnel and Public Works personnel on
October 31st as midnight to 8:00 a.m. as opposed to having to
work a regular workday on Friday, October 31st, after having
worked the hours necessary to support the event. Not only will
this rescheduling of hours result in overtime savings, but is
also in the best interests of the workers' well being and safety.
The City Manager called the Commission's attention to
the fact that the City is looking at roughly a 65% increase in
costs for these events, and the overtime cost is more than
doubling. He stated he is concerned about how big these events
are going to get, how big do we want them to get, and we need to
be sure we are prepared to pay the cost if we are going to
continue to have them stay this size or grow even larger.
Mayor Alperin concurred with the City Manager in his
concern about the increasing costs to the City to support these
events. The increase this time is roughly $6,000 and based on
five Art and Jazz events per year, that equates to a $30,000
increase. The Mayor felt this to be a significant increase
especially since the Commission has turned down a lot of other
requests for money from various groups and organizations. He
stated that while he feels the increased coverage and security is
necessary, the responsibility for covering the expense needs to
be revisited and there needs to be greater participation from the
businesses that are benefitting from the events.
Mr. Egan commented there has been some discussion about
getting some private security and things like that to try to
bring the cost to the City down, and he agreed that it is some-
thing that has to be looked at. On the other hand, alot of
people have worked very hard to get to where we are with the Art
and Jazz events and it is too late to do anything about the next
two on October 31st and December 11, 1997. He suggested these
8 10/21/97
events be approved as presented, but that the matter be brought
up at future Joint Venture meetings and let them know that the
City Commission cannot continue to absorb increased costs.
Mr. Ellingsworth concurred with Mr. Egan that the
current request be approved, but pass the word that subsequent
increases will have to be handled through other means because the
City cannot continue to fund them.
Mayor Alperin stated that he would be willing to
support the upcoming events, but felt the Commission should give
the Joint Venture a definite figure on the amount of dollar
support that the Commission will approve for future Art and Jazz
events. Anything over that amount, the Joint Venture would have
to find the necessary resources. He suggested a figure in the
area of $11,000 to $12,000.
Mr. Egan moved to approve the special event request for
the two Art and Jazz events to be held on October 30 and December
11, 1997, with the qualification that starting January 1, 1998,
the City's support will not be automatic and the Commission is
looking at putting a $12,000 cap on future support. 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.C. BID AWARD/LUCAS MARINE CONSTRUCTION, INC.: Consider
approval of a bid award in the amount of $97,955 to Lucas Marine
Construction, Inc. as the lowest responsive bidder (second low
bidder) for removal and replacement of the boardwalk at Atlantic
Dunes Park, with funding from 334-4170-572-63.48 through budget
transfer from 334-6511-581-99.01.
Richard Hasko, Acting Director of Environmental Servic-
es, explained that the recommendation to award the bid to the
second low bidder is because of discrepancies in the low bidder's
submittal in terms of licensure as well as some less than satis-
factory performance recommendations from references.
Mr. Hasko then presented some samples of the new plastic wood
decking material that will be used to replace the existing wood
deck at Atlantic Dunes Park.
Mr. Egan moved to approve the bid award in the amount
of $97,955 to Lucas Marine Construction, Inc. as the lowest
responsive bidder (second low bidder) for removal and replacement
of the boardwalk at Atlantic Dunes Park, seconded by Mr. Ran-
dolph. 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.D. PROPOSAL FOR TRAFFIC SIGNALIZATION AT ATLANTIC AVENUE
AND WHATLEY ROAD/FLORIDA DEPARTMENT OF TRANSPORTATION: Consider
traffic signal installation at the intersection of Atlantic
9 10/21/97
Avenue and Whatley Road as proposed by the Florida Department of
Transportation.
The City Manager stated that the State has asked that
we approve their plan for installing a signal at this location.
It will involve removing the existing signal by the Barnett Bank
and replacing it with a new signal at Whatley Road.
Mr. Ellingsworth moved to approve the traffic signal
installation at the intersection of Atlantic Avenue and Whatley
Road as proposed by the Florida Department of Transportation,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
9.E. LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY/GROVE SQUARE,
INC.: Consider approval of a license agreement with Grove
Square, Inc. for use of two public parking spaces adjacent to its
business at 250 East Atlantic Avenue to provide valet parking for
customers between 5:00 p.m. and 1:00 a.m.
The City Attorney stated this is a valet parking
agreement with Grove Square, Inc. which basically just moves the
rights previously held by the Musician's Exchange across the
street. The agreement is for one year and may be renewed annual-
ly by the City Manager. It is also revocable by the City at any
time. In the event the City adopts a uniform valet parking
services plan, the license will expire and Grove Square will then
comply with the parking plan.
Mr. Egan commented that these license agreements point
out the problem which is occurring downtown where as more and
more restaurants open up, each one wants a valet service. This
takes more spaces off the avenue for parking and creates conges-
tion for through traffic. There will be a recommendation on how
to best get a handle on the valet problem at the Commission
workshop on October 28, 1997. The key to the license agreement
is that it can be terminated by the City at any time, so Mr. Egan
suggested that it be approved until the Commission decides what
to do with the recommendations coming from the Parking Management
Team.
Mr. Egan moved to approve the license agreement for use
of right-of-way with Grove Square, Inc., seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote.
9.F. SETTLEMENT OFFER AND FILING OF OFFER OF JUDG-
MENT/VIRGINIA SNYDER V. CITY OF DELRAY BEACH, FLORIDA, ET AL:
Consider Plaintiff's offer of settlement and outside counsel's
request to file an Offer of Judgment on behalf of the Defendants
in the referenced matter.
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The City Attorney stated that a settlement offer has
been received from Plaintiff. The City's outside counsel has
recommended that the City not accept the proposed settlement, and
has further recommended that an Offer of Judgment in the amount
of $20,000.00 be filed with the Court on behalf of the City. Ms.
Ruby stated that her office concurs in outside counsel's recom-
mendations.
Mr. Schmidt moved to reject the Plaintiff's settlement
offer, seconded by Mr. Egan. Upon roll call the Commission voted
as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
No; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed
with a 4 to 1 vote.
Mr. Schmidt moved to authorize the City Attorney to
file a Joint Offer of Judgment in the amount of $20,000.00,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - No; Mr. Randolph - No; Mayor Alperin
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed
with a 3 to 2 vote.
9.G. APPOINTMENTS TO TEE EDUCATION BOARD: Appoint two
student members to the Education Board for one and two year
terms, ending July 31, 1998 and July 31, 1999, respectively. The
appointments will be made by Commissioner Randolph and Mayor
Alperin.
Commissioner Randolph moved to appoint Lindsay Smith to
the Education Board as a student member for a one year term
ending July 31, 1998, seconded by Mr. Ellingsworth. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
Mayor Alperin stated he wished to appoint Brian Stein-
bach to the Education Board as a student member for a two year
term ending July 31, 1999. Mr. Randolph so moved, 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. APPOINTMENT TO TEE CODE ENFORCEMENT BOARD: Appoint an
alternate member (layperson) to the Code Enforcement Board to
fill an unexpired term ending January 14, 1999. The appointment
will be made by Commissioner Schmidt.
Mr. Schmidt moved to appoint Stanley Watsky to the Code
Enforcement Board as an alternate member to fill an unexpired
term ending January 14, 1999, seconded by Mr. Egan. Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor
Alperin Yes. Said motion passed with a 4 to 1 vote.
10. PUBLIC HEARINGS: None
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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 a comment at the last meeting about the
condition of the tree grates and paver brick sidewalk on N.W. 5th
Avenue, the City Manager stated that staff had surveyed the
condition of those facilities about one year ago, although there
has been difficulty getting to it in the regular work schedule.
The current schedule calls for starting work on some refurbish-
ment in January, 1998.
With respect to the comment about the damaged curb on
the end of the median at Lindell Boulevard and South Federal
Highway, the City Manager reported that the curb in question is
within the Florida Department of Transportation right-of-way.
Staff has contacted the appropriate FDOT field representative to
try to get the curb scheduled for repair.
As far as comments on the Palm Beach County Managed
Growth Group II meeting, the City Manager reported that the
October 8th meeting dealt primarily with areas well north of the
City such as Loxahatchee Groves and The Acreage. The agricultur-
al reserve area will be the subject of the second meeting sched-
uled for October 27, 1997. A staff member will attend this
meeting and will emphasize the Commission's belief in the princi-
ples and concepts of Eastward Ho! at that time.
With respect to the comment about the condition of the
Frances Bright Park, the City Manager stated that it is on the
regular maintenance schedule. The Parks and Recreation Director
has instructed the Parks Superintendent to check weekly on the
status of its maintenance. In addition, the Parks and Recreation
Director has instructed the parks maintenance staff to be sure
the median along Lindell Boulevard is edged and to add some trash
cans to the park area behind Plumosa Elementary School.
ll.B. From the Public.
11.B.1. Jean Beer, 945 Tropic Boulevard, thanked the City
Manager for following through and having FDOT do a study of
Tropic Boulevard and Federal Highway to determine if a traffic
light is needed at that location. Mrs. Beer stated that, unfor-
tunately, the study was done in April after the worst of the
season had passed and the results were that a traffic signal is
not warranted. Nonetheless, she stated that it is almost impos-
sible to make a left turn out of Tropic Boulevard and the home-
owners are requesting that the City stripe the road so a left
turn lane and right turn lane are clearly discernible. Mrs. Beer
felt this would be of some help although it will not solve the
problem.
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In addition, Mrs. Beer reported that the Palm Beach
County Managed Growth Group I, which is the redevelopment and
revitalization group, was very pleased with the representation
from Delray Beach at their meeting and the positive input that
was given by these representatives.
11.B.2. Mr. S. T. Barnes, 1315 N.W. 3rd Street, who expressed
concern about being told that he has to eliminate a paved parking
area in the front of his house (swale area). The parking area
has been there for some 30 years, and Mr. Barnes asked that he be
allowed to keep it. He now has a handicapped person living in
the house and the paved area makes it much easier for wheelchair
access. Mr. Barnes distributed photographs to the Commission
which were passed to the City Manager for his information in
looking at the situation.
At this point, the Commission moved to the First
Readings portion of the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 44-97: An ordinance amending Section
4.3.4(J) (1), "Height", Section 4.3.4(K), "Development Standards
Matrix", and Appendix "A", "Definitions", of the Land Development
Regulations' to enact regulations intended to mitigate the effects
of large home construction on adjacent properties and surrounding
neighborhoods. If passed, a public hearing will be scheduled for
November 4, 1997.
The City Manager presented Ordinance No. 44-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.3.4(J) (1), "HEIGHT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR HOW HEIGHT SHALL BE
DEFINED FOR ALL SINGLE FAMILY HOMES WEST OF
A1A; AMENDING SECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX" TO PROVIDE FOR A MAXIMUM
FLOOR AREA RATIO FOR ALL SINGLE FAMILY ZONE
DISTRICTS, AN INCREASED SETBACK REQUIREMENT
FOR SECOND AND THIRD FLOORS IN CERTAIN SINGLE
FAMILY RESIDENTIAL ZONE DISTRICTS, AND
EXEMPTING PROPERTIES LOCATED EAST OF STATE
ROAD A1A FROM THESE CHANGES; AMENDING APPEN-
DIX "A", "DEFINITIONS", TO ADD A DEFINITION
FOR "FLOOR AREA (GROSS)" AND FOR "FLOOR AREA
RATIO (FAR)"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 44-97 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
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Paul Dorling, Principal Planner, stated that Ordinance
No. 44-97 reflects the changes discussed by the City Commission
at the October 7th meeting. There are two different Exhibits "A"
and "B" attached to the ordinance for consideration. Exhibit "A"
pertains to the definition of height. The first Exhibit "A"
includes language limiting the height of chimneys, cupolas or
other appurtenances while the second does not. Exhibit "B" is
also provided in duplicate. The first Exhibit "B" includes the
increased side setback requirement for second and third floors in
the R-1AA zoning district while the second excludes the R-1AA
district from this requirement. Also provided is a visual
interpretation of what the impact of the increased setback would
be on a minimum size lot zoned R-1AA.
At this point Mayor Alperin opened the floor to public
comment. Addressing the Commission were the following:
John Bennett, 137 Seabreeze Avenue, stated that he saw
no reason to exempt the R-1AA zoning district from the require-
ment for increased side setbacks for second and third floors. He
felt it important to put in place controls to help insure that
the size of houses built on smaller lots fit the size of the
neighborhood in which they are located.
Arthur Eippel, real estate broker with Arvida, stated
that he represented a prospective home buyer in Delray Beach who
is concerned that he may not be able to build a reasonable house
on Lot 307 on Gardenia Street in Tropic Isles. It is a pie-
shaped lot containing approximately 13,000 sq.ft, on the Intra-
coastal Waterway. The lot is under contract contingent on the
restrictions which may be imposed as a result of the proposed
ordinance. It appears that if the increased setback requirements
for second and third floors were to be imposed, the subject lot
could be made unbuildable for his client. Mr. Eippel stated that
the shape of the lot creates an unusual situation and suggested
that some relief be considered.
Michael Solari, 515 Seaqate Drive, stated that he would
like to see the following in the beach area: a 30% floor area
ratio, with home expansion or reconstruction not to exceed two
times the original house size, second story setbacks, increased
setbacks for new two-story homes, maximum roof line of 24 feet,
lot assemblage restrictions (i.e. two lots could not equal one
and a half home sites), single story entranceways and windows on
the front elevation so as to keep new projects in scale with the
existing neighborhoods. Mr. Solari stated that the character of
the beach area helps define Delray Beach and he asked the Commis-
sion to help preserve it.
Carolyn Patton, 1020 Tamarind Road, discussed the
research she had conducted to find out what other All-America
Cities around the country have done to address the problem of
large home compatibility and 'mansionization' She noted that
all of the cities had adopted ordinances that are more stringent
that what is currently being considered by the City Commission.
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It is in the right direction, but needs to go a little bit
farther.
Joann Peart, 107 N.W. 9th Street, followed up Mrs.
Patton's comments by noting that one of the interesting things
that came out of the research was that some cities had ordinances
about how much shade you can put on a neighbor's roof, or 'shadow
provisions'. Mrs. Peart felt it important that the restrictions
be applied all over the city and not just in the beach area, and
urged the Commission to adopt the restrictions including a 35%
floor area ratio.
Aleida Riley, 65 Palm Square, read the list of cities
which had been researched by Mrs. Patton along with the respec-
tive floor area ratios (FAR) for each community. She further
questioned why the properties east of State Road A1A should be
exempted from the proposed restrictions.
Monty Helm, 1221 Harbour Drive, representing the Beach
Property Owners Association on behalf of Joan Baccari, Executive
Director, referred to the packet of information provided to the
Commission earlier by Mrs. Baccari. He noted that the proposed
floor area ratio of 40% is considerably more liberal than that
allowed by neighboring cities and towns.
Jean Beer, 945 TroDic Boulevard, speaking on behalf of
P.R.O.D. (Progressive Residents of Delray), stated that P.R.O.D.
supports the 35% FAR and its applicability to smaller lots as
well as larger lots.
Frank McKinne¥, 610 North Ocean Boulevard, stated that
he felt the language contained in the Large Home Task Team
recommendation is a true win-win for almost everybody. He urged
the Commission to support the task team's recommendation, as
subsequently endorsed by the Planning and Zoning Board.
There being no one else who wished to address the
Commission, Mayor Alperin closed the floor to public comment.
After discussion, Mr. Egan moved to approve Ordinance
No. 44-97 on FIRST Reading, including the first Exhibit "A", the
first Exhibit "B" as modified to reflect the .35 FAR, and Exhibit
"C" as presented, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes.
Said motion passed with a 4 to 1 vote.
12.B. ORDINANCE NO. 45-97: An ordinance amending Chapter
101, "Parks, Beaches, and Recreation" Section 101.15 "Defini-
tions'' of the City Code to provide for the inclusion of Lot 8,
Block ~ of the Revised Plat of Blocks D & E, Palm Beach Shore
Acres, within the definition of 'municipal beach' as set forth at
Section 101.15 of the City Code. If passed, a public hearing
will be scheduled for November 4, 1997.
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The City Manager presented Ordinance No. 45-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 101, "PARKS, BEACHES, AND RECREA-
TION'', OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, BY AMENDING SECTION 101.15,
"DEFINITIONS", TO PROVIDE FOR THE INCLUSION
OF CITY-OWNED PROPERTY GENERALLY LOCATED
NORTH OF BEACH DRIVE AND EAST OF STATE ROAD
A-l-A, AS MORE FULLY DESCRIBED HEREIN, AS
PART OF THE DEFINITION OF THE MUNICIPAL
BEACH; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 45-97 is on file in
the City Clerk's office.)
Mr. Ellingsworth moved to approve Ordinance No. 45-97
on FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan -
Yes. Said motion passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer
In response to Commissioner Egan's inquiry about the
schedule for emptying garbage cans along Atlantic Avenue and A1A,
the City Manager reported they are scheduled to emptied on
Monday, Wednesday, Friday and Saturday. The emptying does not
necessarily occur in the early morning hours. Staff has done
some monitoring and found that the garbage cans are being emptied
on that schedule, although we will pursue it further to see if we
can get some earlier pickups especially on Mondays.
In response to a prior question regarding the modular
newsrack at N.E. 4th Street and 6th Avenue that had a problem
with paint, the City Manager stated the newsrack was repainted.
He also reported that to-date staff has made three complete
enforcement cycles for all newsracks located on public property.
Numerous newsracks were removed during the first three cycles
although we will probably need a fourth cycle which staff hopes
to complete within the next thirty days. Overall, however, the
system seems to be working fairly well. Staff is exploring the
possibility of adding a few more locations where there are still
a large assortment of racks.
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission
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13.C.1. Mr. Ell£ngsworth commented that the house painted by
the City Commission's group at last Saturday's Paint-Up Delray
was by far the best looking one of the lot.
13.C.2. Mr. Randolph had no comments or inquiries.
13.C.3. Mayor Alperin inquired about the situation previously
brought up by Commissioner Egan about the sidewalk cafes down-
town? He stated he recently received a complaint about pedestri-
ans having problems with not enough clear space between the curb
and tables at some of the newer businesses, and asked how this is
being controlled?
Mayor Alperin then asked Commissioner Schmidt for a
report on a seminar he had recently attended.
13.C.4. Mr. Schmidt stated he attended the Institute for
Elected Officials last Friday, Saturday and Sunday in Vero Beach
put on by the Florida Institute of Government and the Florida
League of Cities. Some very interesting information was provid-
ed, although he felt the two key words that kept coming up during
the discussions were 'trust' and 'communication' He cited
several examples which were used to illustrate the need for both
in governmental affairs. Mr. Schmidt then distributed a writing
entitled "The Public Servant's Lament"
13.C.5. Mr. Eqan had no comments or inquiries.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.
286.011(8) re: Tate v. City of Delray Beach and Lake Worth
Drainage District.
Attendees: Mayor Jay Alperin
Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney David Tolces
Bill Doney, Esquire
A certified court reporter
Purpose: Discuss settlement negotiations and
strategy related to litigation expendi-
tures in the referenced case.
The City Attorney read the following statement for the
record: "The City has scheduled a closed attorney-client session
pursuant to Florida Statutes Section 286.011(8) in the case of
Stanley Tate vs. the City of Delray Beach and Lake Worth Drainage
District. The estimated length of time of the closed session
shall be 15 minutes. The following persons will be attending:
Mayor Jay Alperin, Commissioners David Randolph, David Schmidt,
Ken Ellingsworth, and Kevin Egan, City Manager David Harden, City
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Attorney Susan Ruby, Assistant City Attorney David Tolces, Bill
Doney, lawyer for the City, and a certified court reporter."
At this point, the time being 7:55 p.m., the Commission
adjourned for the closed attorney/client session pursuant to F.S.
286.011(8) .
At the end of the closed attorney/client session, the
time being 8:25 p.m., Mayor Alperin reconvened the regular
meeting of the City Commission and continued with Item 15.
15. SETTLEMENT OF TATE V. CITY OF DELRAY BEACH AND LAKE
WORTH DRAINAGE DISTRICT: Consider settlement of the referenced
matter.
Mr. Ellingsworth moved to postpone consideration of the
settlement as recommended by the City Attorney, 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.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:27 p.m.
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 held October 21,
1997, which minutes were formally approved and adopted by the
City Commission on ~dw3f/r~{~ ~ /~?
NOTE TO READER: If the minutes you have received are not com-
pleted as indicated above, this means they are not the official
minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some
amendments, additions or deletions.
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