05-18-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, May 18, 2004
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.
Bo
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.
Co
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, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
2.
3.
4.
o
o
°
°
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted additional information, Resolution No. 41-04, for Item 8.K,
Amended and Restated Interlocal Agreement with Highland Beach For Sewage Disposal and
Commissioner McCarthy requested that Item 8.C, Cemetery Fees, be moved to the Regular Agenda as
Item 9.A.A; Approved as amended, 5-0)
APPROVAL OF MINUTES:
May 4, 2004 - Regular Minutes (Approved, 5-0)
PROCLAMATIONS:
Ao
B.
C.
D.
E.
National Safe Boating Week - May 22-28, 2004
Advocacy in Education Awareness Day - May 20, 2004
National Garden Week-June 6-12, 2004
National Elder Law Month - May 2004
Tinnitus Awareness Week- May 15-22, 2004
PRESENTATIONS:
Ao
Morikami Park Elementary Children - Nancy Stewart
Employee Suggestion Award to Eric Aronowitz, Police Officer
RESOLUTION NO. 36-04: Recognizing and Commending Officer Whatley, Officer
Miller and Officer Coleman
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION TRAFFIC
Bo
Co
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
Hammock Reserve Homeowners' Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
NEIGHBORHOOD ADVISORY COUNCIL: Approve the Rules and Regulations
of the Neighborhood Advisory Council.
(MOVED TO ITEM 9.A.A ON THE REGULAR AGENDA)
-2-
05-18-2004
D. SERVICE AUTHORIZATION NO. 15/ROBERT G. CURRIE
Go
Ho
Jo
PARTNERSHIP, INC.: Approve Service Authorization No. 15 to Robert G. Currie
Partnership, Inc. in the amount of $71,285.00 for design services for the preparation of
permit and construction documents for the Delray Swim and Tennis Center Clubhouse
Project. Funding is available from 117-4133-572-62.10 (Delray Swim & Tennis
Club/Buildings).
RESOLUTION NO. 39-04: Approve Resolution No. 39-04 authorizing the City's
withdrawal from the Palm Beach Countywide Beaches and Shores Council.
RESOLUTION NO. 40-04: Approve Resolution No. 40-04 opposing the Strong
Mayor initiative for Palm Beach County.
PURCHASE ORDER INCREASES/ORIGINAL EQUIPMENT
MANUFACTURERS (OEM) PARTS: Approve blanket purchase order increases of
$10,000.00 to purchase order #615369, $6,000.00 to purchase order #617725, and
$10,000 to purchase order #615667 for the purchase of non-stock original equipment
manufacturers parts for automotive repairs performed by the City Garage. Funding is
available from 501-3311-591-52.50 (Garage Fund/Vehicle Maintenance/Parts).
RESOLUTION NO. 37-04: Approve Resolution No. 37-04 authorizing a master
lease agreement with SunTrust Leasing Corporation and lease purchase financing for
IBM iSeries equipment and software totaling $581,420.00.
RESOLUTION NO. 38-04: Approve Resolution No. 38-04 authorizing the
reimbursement of original expenditures with proceeds of lease purchase financing of
IBM iSeries equipment and software totaling $581,420.00.
SPECIAL EVENT REQUEST/SUMMER NIGHTS: Approve a special event
request for the Summer Nights on the Avenue 2004 program, granting a temporary use
permit per LDR Section 2.4.6(H) for use of City property and right-of-way at various
locations, staff support for security and traffic control, street barricade set up/removal,
banner and signage set up/removal, stage set up/use and removal, and trash clean
up/removal, with payment to the City for 50% of overtime costs exceeding $5,000.00.
AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH
Lo
HIGHLAND BEACH FOR SEWAGE DISPOSAL: Approve the Amended and
Restated Interlocal Agreement for the Disposal of Pretreated Sanitary Sewage with the
Town of Highland Beach.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 3, 2004 through May 14, 2004.
05-18-2004
M. AWARD OF BIDS AND CONTRACTS:
Bid award to Colonna Construction in the amount of $298,308.00 for the 2002
Sidewalk Improvement Project on various streets. Funding is available from
118-1965-554-63.11 (Community Development Fund/Bikepaths/Sidewalks)
and 334-3162-541-65.61 (General Construction Fund/Downtown Pedestrian
Network).
Purchase award to Automotive Resources, Inc. in the amount of $17,177.36 via
the Florida GSA (General Services Admin.) Contract No. GS-07F-7172B for
the purchase of one (1) 2-Post, 30,000 lb. capacity, mobile lifting system for the
City Garage. Funding is available from 501-3311-591-64.90 (Central Garage
Fund/Other Machinery/Equipment-FY 2004/2005).
Purchase award to Dural Ford in the amount of $148,392.00 via the Florida
Sheriffs' Association Contract for the purchase of six (6) police pursuit vehicles
for the Police Department. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
REGULAR AGENDA:
A.A.
CEMETERY FEES: Approve an increase in price for burial plots and in fees for
opening and closing graves at the Delray Beach Cemetery. (Motion to extend cemetery
fees increases, as proposed in memo, over a two year period for residents and immediate
increases for non-residents; Approved, 5-0)
MOTION TO RESCIND COMMISSION DECISION/HANDELSMAN
YELLOW BUILDING: The applicant is requesting a reconsideration of the City
Commission's denial of the request from Handelsman Yellow Building f/k/a the Blank
House for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00.
The Blank House is located at 85 S.E. 6~h Avenue. Requires a motion for
reconsideration from a Commissioner who voted against approval. (Motion to approve
rescission; Approved, 4-1; Commissioner Levinson dissenting)
WAIVER REQUEST/COMMUNITY PRIMITIVE BAPTIST CHURCH:
Consider a request to waive Land Development Regulations (LDR) Section 2.4.3(K)(1)
"Development Application Fees" for Community Primitive Baptist Church, located at
33 N.W. 11~h Avenue, pursuant to LDR Section 2.4.7(B)(5). (Qu~si-Judici~ Hearing)
(Approved, 5-0)
CONSULTANT RANKING FOR OLD SCHOOL SQUARE PARKING
GARAGE: Consider approval of the rankings for consultants regarding the Old School
Square Parking Garage Project and authorize staff to negotiate with the firm ranked
first, PGAL/Eliopoulos, for a consulting contract. (Motion to approve consultant rankings
and authorize staff to negotiate with PGAL/Eliopoulos; Approved, 5-0)
-4-
05-18-2004
D. ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND
Go
TENNIS FACILITIES: Consider approval of proposed performance measures for
FY 2003-2004 for the Municipal Golf Course, Lakeview Golf Course, and Tennis
facilities. (Approved as amended, 5-0)
SHUTTLE SERVICE: Consider approval of a grant application to partially fund
shuttle services between Tri-Rail and the beach in accordance with Comprehensive Plan
Policy D-3.6 of the Transportation Element. (Motion to approve filing of the grant
application for a three year term; Approved, 4-1; Mayor Perlman dissenting)
APPEAL OF DECISION/SOUTHERN WASTE SYSTEMS V. CITY OF
DELRAY BEACH: Consider authorizing the City to appeal the court's decision in the
case of Southern Waste Systems v. the City of Delray Beach. (Motion to authorize the
appeal; Approved, 5-0)
PROPOSAL FOR SETTLEMENT IN AERO PRODUCTS CORPORATION
D/B/A AMERICAN LAFRANCE MEDICMASTER v. CITY OF DELRAY
Ho
BEACH: Consider a Proposal for Settlement in Aero Products Corporation d/b/a
American LaFrance MedicMaster v. City of Delray Beach. Staff recommendation is
acceptance. (Motion to approve settlement; Approved, 5-0)
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
Jo
SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and
Firefighters Retirement System Board of Trustees to fill a two year term ending June 30,
2006. Based on the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3). (Appointed Kenneth Rubin and approved, 5-0)
APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) stadent
member to the Education Board for an unexpired term ending July 31, 2005. Based on
the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
(Appointed Gemina Masson and approved, 5-0)
APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
10.
COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory
Committee for a two (2) year term ending May 31, 2006. Based on the rotation system,
the appointment will be made by Commissioner Archer (Seat #2). (Appointed Harvey
Brown, Sr. and approved, 5-0)
PUBLIC HEARINGS:
A. ORDINANCE NO. 24-04:
Regulations Section 4.6.15(G)
(Approved, 5-0)
An ordinance amending the Land Development
regarding swimming pool setback requirements.
Bo
ORDINANCE NO. 25-04: An ordinance amending the Land Development
Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and special
qualifications for the Site Plan Review and Appearance Board and the Historic
Preservation Board. (Approved, 5-0)
05-18-2004
11.
12.
13.
14.
ORDINANCE NO. 28-04: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Section 35.105, "Administration by Retirement Committee", by
amending Section 35.105(A)(1), to provide for the naming of the position of Finance
Director as a member of the board. (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:
· NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting closed at 8.'15 p.m. _For Closed Attorney/Client Session
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of
Florida Blacktop, Inc. v. the City of Delray Beach, Florida.
Attendees:
Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jon Levinson
Commissioner Robert Costin
City Manager David Harden
City Attorney Susan Ruby
Attorney Malcolm Cunningham
Attorney John Hockin
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
15. SETTLEMENT OF FLORIDA BLACKTOP, INC. v. CITY OF DELRAY BEACH
(Motion to approve the settlement in the amount of $330,000.00; Approved, 5-0)
POSTED: MAY 14, 2004
****** Meeting adjourned at 8:37p.m. ******
05-18-2004