08-17-04 Results
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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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
Tuesday, August 17, 2004 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers section.
Delray Beach City Hall
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is en titled 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.
c. 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.
100 NW 1st Avenue
DeIray Beach, Florida 33444 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 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.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted that Item 8.K, Citrix License Renewal and Purchase, was
added to the Consent Agenda by addendum; Item 9.H, Bexley Park, was added to the Regular Agenda
by addendum and amended; Item 12.A, Ordinance No. 52-04, was pulled from the agenda; Approved as
amended, 5-0)
5. APPROVAL OF MINUTES:
. August 3, 2004 - Regular Meeting (Approved as amended, 5-0)
. August 10, 2004 - Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Prostate Cancer Awareness Month - September 2004
B. Sickle Cell Awareness Month - September 2004
7. PRESENTATIONS:
A. Crisis Intervention Team Officer of the Year, Sergeant Thomas Matava - Jeff Leston,
South County Mental Health Center
B. Government Finance Officers Association - Distinguished Budget Presentation Award
C. "Spotlight on Education" - Kathy Weigel, Principal of Atlantic High School
D. Children's Case Management Organization (CCMO) Agency Presentation
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. GRANTING OF UTILITY EASEMENT DEEDS/LONE PINE
SUBDIVISION: Approve seven (7) of the twenty six (26) utility easements required
for the Lone Pine Road Water Main Project.
B. DELAIRE COUNTRY CLUB PROPERTY OWNERS' ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between
the City and Delaire Country Club Property Owners' Association allowing the Delray
Beach Police Department to enforce local and state traffic laws on its property.
C. CHANGE ORDER NO. 1!FINAL PAYMENT /CUSTOM BUILT MARINE
CONSTRUCTION, INC.: Approve Change Order No. 1 in the amount of
$1,172.99 and final payment in the amount of $15,251.20 to Custom Build Marine
Construction, Ine. for completion of the S.E. 3rd Street and N.E. 4th Street Seawall Parks
and Veteran's Park Dock Replacements Projects. Funding is available from 001-4126-
572-46.90 (parks & Recreation/Veteran's Park/Other Repair/Maintenance Costs).
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D. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.:
Approve a request from The Friends of Sandoway House Nature Center, Ine. to grant a
temporary use permit per LDR Section 2.4.6(H) for the use of the southern portion of
the Sandoway Parking Lot from 8:00 a.m. on November 5, 2004 through noon on
November 8, 2004, and use of the balance of the Sandoway Lot and the Ingraham
Parking Lot for valet parking from 3:00 p.m. until midnight on November 6, 2004, use
of the park restrooms, City generator, and staff assistance for security, barricading, clean
up, and restroom services to accommodate their annual fund-raiser; contingent on the
sponsor providing liability insurance and a hold harmless agreement.
E. QUIET TITLE/COUNTY PARCELS: Grant authorization to Quiet Title on three
(3) of the six (6) parcels acquired from Palm Beach County.
F. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement
between the City of Delray Beach and Chris Evert Charities, Ine. for the Chris Evert
Pro-Celebrity Tennis Classic to be held at the Tennis Center on December 2-5,2004.
G. CONSENT TO RELEASE COVENANT: Approve consent to release covenant on
the Mariposa Development, located at 48 S.E. 1 st Avenue.
H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $21,000.00 for new
construction on N.W. 8th Avenue. This brings the number to 160 homeowners assisted
under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home
Owner Subsidy).
1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 2,2004 through August 13, 2004.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to C&D Construction, Ine. in the amount of $93,218.42 for the
City Marina Dock and Pier Replacement Project. Funding is available from
426-4311-575-63.90 (City Marina Fund/Repair /Maintenance/ Other
Improvements).
2. Purchase award to Chemical Lime Company at an estimated annual cost of
$533,000.00 via the City of Boynton Beach Co-op Bid #069-2821-04/JA for
bulk quicklime for the City of Delray Beach. Funding is available from 441-
5122-536-52.21 (Water/Sewer Fund/Treatment/Storage Division/Chemicals).
K. CITRIX LICENSE RENEWAL AND PURCHASE: Approve the renewal of forty
(40) Citrix Licenses and the purchase of seventy (70) additional Citrix Licenses from
Syntax, Ine. in the amount of $23,540.06 to allow the MIS Department to install and
update software from a centralized point. Funding is available from 334-6112-519-
66.10 (General Construction Fund/Software).
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9. REGULAR AGENDA:
A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board's action regarding the proposed Rooftop
Lighting Program. (Quasi-Judicial Hearing) (Motion to support the appeal; Approved,
3-2; Commissioner Levinson and Commissioner McCarthy dissenting)
B. FUNDING REQUEST/ROOTS CULTURAL FESTIVAL, INC.: Consider a
request from Ms. Elizabeth Wesley to provide funding assistance to the 27th Annual
Roots Cultural Festival, Ine. for their event which was held August 6-8, 2004. Funding
is available from 001-6311-572-83.01 (General Fund/Other Grants/Aid). (Motion to
allocate $11,991.54 to pay outstanding balances through the Roots Classical Series this year to
Old School Square; Approved, 5-0)
C. SPECIAL EVENT REQUEST/HAITIAN CULTURAL FESTIVAL: Consider a
special event request to allow the 2nd Annual Haitian Cultural Festival sponsored by the
Haitian American Cultural and Historical Foundation, Ine., to be held on October 3,
2004 from 3:00 p.m. until 11:00 p.m. on the grounds of Old School Square, including a
temporary use permit per LDR Section 2.3.6(H) for the use of a portion of N.E. 1st
Avenue north of the grounds of Old School Square, staff assistance for traffic
control! security, trash removal! clean up, event signage, EMS assistance, and barricade
set up with event signage to be installed no earlier than September 24, 2004; contingent
on the sponsor providing a hold harmless agreement, certificate of insurance, and
payment of City costs per event policies/procedures. (Approved, 5-0)
D. CONTRACT AWARD/ALMAZAN BROTHERS, INC.: Consider approval of a
contract award to second lowest bidder, Almazan Brothers, Ine., in the amount of
$298,409.00 for the West Atlantic Avenue and N.W. 24th Avenue Intersection
Construction Project. Funding is available from 334-3162-541-53.90 (General
Construction Fund/Public Works/Other Road Materials). (Motion to approve contract
award to second lowest bidder; Approved, 5-0)
E. INTERLOCAL AGREEMENT /BOCA RATON /TRAINING FACILITY:
Consider approval of an Interlocal agreement between the City and the City of Boca
Raton in the amount of $500,000.00 for the construction of a fire and police training
facility to be used by both municipalities. (Approved, 5-0)
F. MICROSOFT ENTERPRISE LICENSE AGREEMENT WITH SOFTWARE
HOUSE INTERNATIONAL (SHI): Consider approval of the Microsoft
Enterprise License Agreement and a payment in the amount of $168,721.79 to Software
House International (SHI). Funding is available from 334-6112-519-66.10 (General
Construction Fund/Software). (Approved, 5-0)
G. PUBLIC COMMENTS/FY 2005 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2005 Proposed Budget at this time.
H. BEXLEY PARK: Status and resolution of outstanding matter regarding Bexley Park.
(Motion to approve resolution as outlined; Approved, 5-0)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 44-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new
Subsection 4.6.7(E)(3)(e), "Ground Signs", to allow the placement of certain Ground
Signs in certain locations. (Motion to approve Ordinance No. 44-04 as amended; Approved,
5-0)
B. ORDINANCE NO. 43-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.4.9 (B) (5), "General Commercial Zoning District", to provide that commercial uses are
allowed in mixed-use developments in the General Commercial (GC) Zoning District if
commercial uses are provided on the ground floor and occupy no less than 25% of the
structure. (Approved, 5-0)
C. ORDINANCE NO. 40-04: An ordinance providing for a referendum to be held on
November 2, 2004, on the question of whether the majority of the qualified voters of
the City voting in the referendum special election give their consent and permission for
the release of any deed restrictions and for the transfer and sale of the North 48 feet of
Lot 15, Block 101 (Library), located behind the current library site at 29 S.E. 4th Avenue
and fronting on S.E. 5th Avenue. (Approved, 5-0)
1. RESOLUTION NO. 50-04: A resolution calling for a special election to be
held on November 2, 2004, to provide for a referendum on the question
presented in Ordinance No. 40-04 regarding the release of deed restrictions and
allowing for the transfer of the North 48 feet of Lot 15, Block 101. (Approved,
5-0)
D. ORDINANCE NO. 41-04: An ordinance providing for a referendum to be held on
November 2, 2004, on the question of whether the majority of the qualified voters of
the City voting in the referendum special election give their consent and permission for
the release of any deed restrictions and for the transfer and sale of part of Block 52
(Tennis Center), located on the northwest corner of N.W. 1st Avenue and Atlantic
Avenue. (Motion to approve Ordinance No. 41-04; Denied, 3-2; Commissioner Archer and
Commissioner Levinson dissenting)
1. RESOLUTION NO. 51-04: A resolution calling for a special election to be
held on November 2, 2004, to provide for a referendum on the question
presented in Ordinance No. 41-04 regarding the release of deed restrictions and
allowing for the transfer and sale of part of Block 52. (WITHDRAWN)
E. ORDINANCE NO. 46-04: An ordinance amending Chapter 31, "City Officials and
Employees", by amending Section 31.02, "Compensation of Commissioners and
Mayor", to provide for salary increases for the Mayor and City Commissioners to bring
salaries in line with neighboring municipalities. (Approved, 5-0)
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11. 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 Pub lie.
12. FIRST READINGS:
A. ORDINANCE NO. 52-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced
multiplier benefit option for eligible Deferred Retirement Option Plan (DROP)
participants and other retirees. If passed, a public hearing will be scheduled for
September 7, 2004. (PULLED)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 13, 2004
****** Meeting adjourned at 9:50p.m. ******
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