01-08-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, January 8, 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetinas in the Commission Chambers.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (The Mayor noted the addition of item 8.A - Resolution No. 7-
02/Recognizing and Commending R. Howard Wight, to the agenda, a revision to item 12.A -
Ordinance No. 2-02, and additional backup added to item 8.F, Change Order No. 2 & Final
Payment/Telcon Inc.; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· December 4, 2001 - Regular Meeting (Approved, 5-0)
· December 10, 2001 - Special Meeting (Approved, 5-0)
· December 11, 2001 - Regular Meeting (Approved as amended, 5-0)
· December 21, 2001 - Special Meeting (Approved, 4-0; Commissioner McCarthy was absent on
12/21/01)
PROCLAMATIONS:
A. Martin Luther I~ng, Jr. Day -January 21, 2002
PRESENTATIONS:
A. Resolution No. 7-02/Recognizing and Commending R. Howard Wight (Approved, 5-0)
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
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HOLD HARMLESS AGREEMENT/DELRAY LINCOLN MERCURY:
Approve a Hold Harmless Agreement with Southeast Investments of Palm Beach
County, Inc. for utility work performed within the state right-of-way under the Florida
Department of Transportation permit.
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REVISION TO WEED & SEED LEASE AGREEMENT: Approve a revision to
the Weed & Seed Lease Agreement changing the name of the lessee on the Agreement
from Weed & Seed Program to The Friends of Weed & Seed, Inc.
C. PALM BEACH COUNTY FUNDING AGREEMENT/PINEAPPLE GROVE
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ROADWAY IMPROVEMENTS: Approve a funding agreement with Palm Beach
County for reimbursement to the City of up to $45,000.00 for roadway improvements
relating to accent lighting and decorative pedestals along Pineapple Grove Way.
FDOT/CSX S.W. 10TM STREET CROSSING REIMBURSEMENT
AGREEMENT: Approve an agreement with the State of Florida DeparUnent of
Transportation (FDOT) and CSX Transportation, Inc. to designate maintenance and
modification responsibilities upon completion of the expansion of the railroad crossing
located at SW lffh Street. The City's annual maintenance costs after completion of the
project are estimated at ~g3,098.00.
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SUBDIVISION PLAT APPROVAL/ESTUARY II: Approve the subdivision plat
for Estuary II, which consists of lots for 22 townhouse units located on Royal Palm
Boulevard just west of the Estuary development.
CHANGE ORDER NO. 2 & FINAL PAYMENT/TELCON,
INC./VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS:
Approve Change Order No. 2 in the net ded, ct amount of $265,666.80 and final
payment in the amount of $138,451.62 to Telcon, Inc. for the Venetian Drive
Infrastructure Improvements project. Residual funds to be liquidated from 370-3162-
541-65.42 (2000 Bond-Barrier Island) in the amount of $180,779.39, 448-5461-538-
65.09 (Storm Water-Venetian) in the amount of $25,000.00, and 442-5178-536-65.09
(W/S R&R Venetian Drive) in the amount of $59,887.41.
CHANGE ORDER NO. 2/FLORIDA BLACKTOP, INC./SE/SW AREA
INFRASTRUCTURE IMPROVEMENTS: Approve Change Order No. 2 to
Florida Blacktop, Inc. in the total amount of $70,390.52 for the SE/SW Area
Infrastructure Improvements project. Funding is available from 370-3162-541-65.45
(2000 Road Bond-SE/SW Area).
RESOLUTION NO. 2-02/ICMA 457 DEFERRED COMPENSATION PLAN:
Approve Resolution No. 2-02 adopting the amended and restated Plan and Trust
document for the ICMA Retirement Corporation Section 457 Deferred Compensation
Plan effective January 1, 2002, which reflects changes in the law as a result of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).
RESOLUTION NO. 5-02/UTILITY EASEMENT ABANDONMENT:
Approve Resolution No. 5-02 to authorize the abandonment of a 6' utility easement
within the Plat of Sabal Lakes Phase Three, located east of Barwick Road and north of
the L-31 Canal.
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE
MUNICIPAL ELECTION/CANVASS ABSENTEE BALLOTS AND
REPRESENT THE CITY AT THE LOGIC AND ACCURACY TESTS FOR
THE MUNICIPAL ELECTION: Authorize the Palm Beach County Supervisor of
Elections to handle and canvass the City's absentee ballots for the March 12, 2002
Municipal Election, and represent the City at the requisite Logic and Accuracy tests.
ADDITIONAL FUNDING REQUEST/CHILDREN'S SERVICES
COUNCIL: Approve an additional funding request in the amount of $43,433.00 to
the Children's Services Council (CSC) due to an increase in salary for the Out of
School Director, operating expenses for additional programs required by the CSC,
implementation of additional programs requiring parental involvement, and
establishment of a new program titled "New Innovations".
SPECIAL EVENT/CELEBRATE THE SOUL OF DELRAY: Approve a special
event request for the second "Celebrate the Soul of Delray" event to be held on
Saturday, February 16, 2002, including a temporary use permit for street closure and
use of Atlantic Avenue from NW/SW 1st Avenue to NW/SW 5m Avenue, a waiver to
allow event signage more than one week in advance, provide staff support, FDOT
permit application, obtain power from FPL as needed, and waiver of overtime costs.
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GREEN MARKET EXPANSION REQUEST: Approve a request from the Delray
Green Market to allow the market to expand and utilize a portion of SE 2'~ Avenue
from Atlantic Avenue to just north of the first parking lot entrance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the
period December 10, 2001 through January 4, 2002.
AWARD OF BIDS AND CONTRACTS:
Purchase award to CompServ in the amount of $21,175.00 for the purchase of
three servers under State Contract #25004099-1. Funding is available from 001-
1811-513-64.11 (Computer Equipment) in the amount of $12,137.00 and 334-
6112-519-64.11 (Computer Equipment) in the amount of $9,038.00.
Bid award to Tanner Industries in the amount of $15,680.00 for the purchase of
Anhdyrous Ammonia for the Water Treaunent Plant. Funding is available from
441-5122-536-52.21 (Operating Supplies/Chemicals).
Bid award to Accurate Tennis in the amount of $23,900.00 for the resurfacing
of six (6) acrylic tennis courts and full fiberglass membrane on the stadium court
at the Tennis Center. Funding is available from 334-4145-572.63.90 (Other
Improvements).
REGULAR AGENDA:
A. REQUEST FOR MODIFICATION OF STANDARDS GOVERNING
FINGER PIERS: Consider modification of standards in Land Development
Regulations (LDR) Section 7.9.8 governing Finger Piers, pursuant to Section 7.9.4(A) of
the LDR, to allow a 35-foot finger pier to be constructed at 405 SE 7~ Avenue. The
normal standard is 25-feet of dock length. (Quasi-Judicial Hearing) (Approved, 5-0)
BID AWARD/U.S. BIOSYSTEMS: Consider a bid award to U.S. Biosystems in the
amount of $10,000 for laboratory analysis testing of water and wastewater for the Water
Treatment Plant Lab. Funding is available from 441-5124-536-34.90 (Other
Contractual Services). (Approved, 5-0)
REJECTION OF BIDS/LINEN RENTAL FOR DELRAY BEACH GOLF
COURSE RESTAURANT: Consider rejection of all bids received for Bid No. 2002-
06/Linen Rental for the Delray Beach Golf Course Restaurant due to incorrect bid
specifications and authorize staff to re-bid contract. (Approved, 5-0)
MEMORANDUM OF UNDERSTANDING/HOMELESS CENSUS AND
SURVEY OF PALM BEACH COUNTY: Consider approval of a $2,500.00 payment
to the Palm Beach County Deparn~nent of Housing and Community Development as
our share for undertaking a Homeless Census and Survey of Palm Beach County.
Funds are available from neighborhood grant revenues. (Approved, 5-0)
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E. DIFFERENTIAL PAY FOR EMPLOYEES CALLED UP FOR MILITARY
RESERVIST DUTY: Consider an extension of an additional 90-days for differential
pay for full-time City employees who are Military Reservists and who have been called
to active duty. (Approved, 5-0)
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one regular
member to the Board of Adjustment for an unexpired term ending August 31, 2002.
Based on the rotation system, the appointment of the regular member will be made by
Commissioner Perlman (Seat #1). (Appointed Jillian Woehlkens and approved, 5-0)
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
BOARD: Appoint one regular member to the Community Redevelopment Agency
Board for an unexpired term ending July 1, 2005. Based on the rotation system, the
appointment of the regular member will be made by Commissioner Perlman (Seat #1).
(Appointed Charles Ridley and approved, 5-0)
EMINENT DOMAIN PROCEEDINGS/APPOINTMENT OF OUTSIDE
COUNSEL: Consider approval of Resolution No. 6-02 authorizing the
commencement of eminent domain proceedings against a parcel located at Parcel A,
Norjac Plat, for stormwater retention purposes with a proposed purchase amount of
$541,730.00. In addition, staff recommends the appoinunent of Bill Doney as outside
counsel for this matter at a rate of $200.00 per hour. (Approved, 5-0)
PROPOSAL FOR SETTLEMENT IN KOLLER v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $50,000.00 in Koller v.
City of Delray Beach. Staff recommendation is denial. (Approved to deny proposal, 5-0)
APPOINTMENT OF OUTSIDE COUNSEL/VISTA DEL MAR V. CITY OF
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DELRAY BEACH: Consider appointment of Weiss & Handler to act as outside
counsel for the case of Vista Del Mar v. City of Delray Beach at a rate of $150.00 per
hour. (Approved 4-1 with Commissioner Perlman dissenting)
PUBLIC HEARINGS:
ORDINANCE NO. 60-01: An ordinance amending the Future Land Use Map (small-
scale) from County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low
Density Residential 0-5 du/ac) and associated annexation with initial zoning of R-l-
AAA (Single Family Residential) for the Mason Property, located on the west side of
Barwick Road, approximately 500 feet south of Sabal Lakes Road. (Quasi-Judicial
Hearing as to Zoning) (Approved, 5-0)
ORDINANCE NO. 61-01: An ordinance amending Land Development Regulations
Section 4.4.13(G) (1) (a) regarding residential parking requirements in the CBD (Central
Business District). (Approved, 5-0)
ORDINANCE NO. 62-01: An ordinance providing for Charter revisions by repealing
Article III, "Legislative", and enacting a new Article III, "Legislative", to the City
Charter by repealing Article VIII, "Municipal Courts", and amending remaining Articles
I, II, IV, V, VI, and VII to clarify, delete obsolete references, correct grammatical errors,
reorganize and to enhance the Charter's "Readability"; providing for a Referendum.
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(Approved, 5-0)
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ORDINANCE NO. 63-01: An ordinance providing for Charter revisions by amending
Article III, "Legislative", Section 3.01, "Commission-City Manager form of
Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to the Office of Mayor", providing for the length of the Mayor's
term if elected at a Special election; by repealing Section 3.06(d), "Vacancies; forfeiture
of Office; filling of Vacancies", and enacting a new Section 3.06(d), "filling a Vacancy
in the Office of Mayor" and subsection 3.06(d)(1)(2)(3)(4) and (5); to provide for filling
a vacancy in the Office of Mayor; by amending Ordinance No. 62-01 by repealing
Sections 3.08(b)(1)(2) and (3) of Ordinance No. 62-01 and enacting a new Section 3.08,
"filling of Vacancy in the Office of Mayor" and Subsections 3.08(b)(1)(2) and (3), to
provide for the filling of vacancy in the Office of Mayor, providing for the length of the
Mayor's term if elected at a Special election, providing for the Vice-Mayor to serve as
Mayor until the next election if 60 or more days remain until the next election, or if less
than 60 days remain requiring a Special election to fill the vacancy in the Office of
Mayor, providing for the qualification of candidates for a Special election to fill a
vacancy in the Office of Mayor, the date of assumption of Office of the Mayor elected
at the Special election, providing that the term of the Commissioner filling a vacancy
created by the Vice-Mayor succeeding as Mayor shall be only until the next election
instead of the Mayor's term of office, unless a vacancy is created less than 60 days
before the election then the seat shall remain vacant until after a Mayor is elected at the
Special election; providing for the filling of vacancies in the Office of Vice-Mayor and
Deputy Vice-Mayor; providing for a referendum on March 12, 2002. (Approved, 5-0)
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ORDINANCE NO. 64-01: An ordinance providing for Charter revisions by
amending Article III, "Legislative", Section 3.0.1, "Commission City Manager form of
Government; Term of Office; Number; Office of the Vice-Mayor and Deputy Vice-
Mayor; Succession to the Office of the Mayor; Term Limits", by repealing Section
3.01(c) and enacting new Section 301(c) and by amending Ordinance No. 62-01, Section
3.09, "Term Limits", by amending Subsection (a), to provide that effective 2003 and
thereafter a Commissioner and/or Mayor who reaches term limits during an elected
term shall be nevertheless permitted to serve out that elected term; providing for a
Referendum on March 12, 2002. (Approved as amended, 5-0)
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ORDINANCE NO. 65-01: An ordinance amending Chapter 34 of the Code of
Ordinance, "Elections" heading "General Provisions" by amending Section 34.02, "City
Commission to Provide for Elections: Appoinm~ent of Inspectors and Clerks";
amending heading "Qualifications for Candidacy", by amending Section 34.15,
"Qualifying as Candidate"; Section 34.16, "filing of Nominating Petition", and Section
34.17, "Procedure After filing", to provide for qualifying for Mayor in the event a
Special election is held to fill a vacancy in the Office of Mayor, to reorganize and correct
grammatical errors. (Approved, 5-0)
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ORDINANCE NO. 1-02 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations Section 4.4.11 (B), "Principal
Uses and Structures Permitted", to eliminate equipment rental as a principal use, and
amending 4.4.11(D), "Conditional Uses and Structures Allowed", to allow "equipment
rental and display" as a conditional use in the Neighborhood Commercial (NC) zoning
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district, pursuant to LDR Section 2.4.5(ND. If passed, a second public hearing will be
scheduled for February 5, 2002. (Approved, 5-0)
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RESOLUTION NO. 3-02/TRANSFER OF PROPERTY: Consider Resolution
No. 3-02 which transfers property located at 507 SW 3~d Street to the TED Center to be
utilized for affordable housing. (Approved, 5-0)
RESOLUTION NO. 4-02/TRANSFER OF PROPERTY: Consider Resolution
No. 4-02 which transfers property located at 221 SW 6~h Avenue to the Delray Beach
Community Development Corporation to be utilized for affordable housing.
(Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 2-02: An ordinance amending the Land Development
Regulations Section 4.6.16(D)(2) to add a subsection regarding the substitution of
mature, exceptional tree specimens for required parking. If passed, a public hearing will
be scheduled for February 5, 2002. (Approved, 5-0)
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ORDINANCE NO. 3-02: An ordinance correcting rezoning from RM (Medium
Density Residential) to CBD (Central Business District) for a parcel of land located on
the east side of Bronson Avenue approximately 100 feet south of E. Atlantic Avenue.
If passed, a public hearing will be scheduled for February 5, 2002. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 8:05p.m. ******
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