02-05-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, February 5, 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.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (The Mayor noted the addition of Consent Agenda Item - Z.9 - Purchase
Award~Cross Match Technologies, Inc. and item Z.10 - Bid Award/Hector Equipment Company to the
agenda; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· January 8, 2002 - Regular Meeting (Approved, 5-0)
· January 15, 2002 - Special Meeting (Approved, 5-0)
· January 28, 2002 - Special Meeting (Approved as amended, 5-0)
PROCLAMATIONS:
A. Recognizing and Commending the Delray Rocks Football & Cheerleading Squads.
Recognizing and commending Vivian Mitchell - Parks Maintenance Division - Parks
and Recreation Employee of the Year for 2001, and Ilonka Weinstein - Parks Division
and Bob Taylor - Ocean Rescue Division as Parks and Recreation Top Employees of
the Year 2001.
C. Award Presentation - City Golf Championship - 2001 - Sandra Ericksson
PRESENTATIONS:
RESOLUTION NO. 8-02: Recognizing and Commending Willie Gerald for 30 years
of dedicated service to the City of Delray Beach. (Approved, 5-0)
Shelly Weil, Chairman of the Education Advisory Board - PENCIL (Principal For A
Day).
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
FINAL SUBDIVISION PLAT APPROVAL/RENAISSANCE VILLAGE:
Approve the boundary plat for Renaissance Village, located at the southeast corner of
NE 6~h Avenue and NE 2~d Street.
FINAL SUBDIVISION PLAT APPROVAL/MALLORY SQUARE: Approve the
boundary plat for Mallory Square, bounded by SE 5~h Avenue, SE 6~h Avenue, SE 3~d
Street, and SE 4~h Street.
C. RESOLUTION NO. 16-02/ABANDONMENT OF UTILITY EASEMENT/
S.E. 3RD AND S.E. 4TM STREETS: Approve the abandonment of a 16' utility easement
within Block 112, Plat of Delray Heights, located between S.E. 3~d and S.E. 4~h Streets.
02-05-2002
D. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of January 17, 2002.
ACCEPTANCE OF EASTMENT DEED/SHERWOOD FOREST
HOMEOWNER'S ASSOCIATION: Approve and accept an easement deed granting
to the City the means to maintain a water main extension that will be constructed by the
developer. This will serve a two lot subdivision with an office building proposed on one
lot and a hotel proposed on the other lot located on the south side of West Atlantic
Avenue just east of Whatly Road.
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
MALLORY SQUARE: Authorize the City to act as the utility permit applicant for the
construction of a water main extension within the state right-of-way (bounded by SE 3~
Street and SE 4~h Street between northbound and southbound Federal Highways) and
approve a Hold Harmless Agreement with the developer (Ironwood Properties, Inc.).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for four (4) eligible applicants/families in the amount of $22,500 for 227 NW
5m Avenue, $17,100 for NW 12m Avenue, $23,250 for NW 8m Avenue, and $20,187 for
308 SW 2'~ Street. This brings the number to 138 homeowners assisted under the
Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT: Consider
approval of a financial assistance agreement with the Palm Beach County Board of
County Commissioners in the amount of $46,551.00 for the landscaping of Lake Ida
Road (between Congress Avenue and Military Trail).
PALM BEACH COUNTY COURT PUBLIC AGENCY COMMUNITY
SERVICE AGREEMENT: Approve a Public Agency Agreement with the Courts of
the 15th Judicial Circuit that provides for the Planning and Zoning DeparUnent's
participation in the Palm Beach County Court Community Service Program for the Beach
Revegetation Project.
PALM BEACH COUNTY RESOURCE CENTER AGREEMENT: Approve the
sub recipient agreement for funding with the Palm Beach County Resource Center
(PBCRC) under the 2001-2002 Community Development Block Grant (CDBG)
Program.
ITEM REMOVED
ADOPTION OF THE PARKS AND RECREATION MASTER PLAN: Approve
and adopt the Parks and Recreation DeparUnent's Master Plan as developed by Glatting
Jackson Kercher Anglin Lopez Rinehart, Inc.
CHANGE ORDER NO. 1/JMW CONSTRUCTION CORPORATION: Approve
Change Order No. 1 in the amount of $19,673.95 to JMW Construction Corporation for
the Delray Swim & Tennis Club Pool and Bathhouse Renovations Project. Funding is
available from 117-4133-572-63.90 (Other Improvements).
02-05-2002
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RESOLUTION NO. 10-02: Approve Resolution No. 10-02 setting a public hearing
date of March 19, 2002 for consideration of the Royal Palm Boulevard Special
Assessment District final assessment roll.
RESOLUTION NO. 12-02: Approve Resolution No. 12-02 assessing costs for action
necessary for the emergency board-up of an unsafe structure located at 34 North Swinton
Avenue.
RESOLUTION NO. 13-02: Approve Resolution No. 13-02 assessing costs for action
necessary for the demolition of an unsafe structure located at 45 S.W. 13m Avenue.
RESOLUTION NO. 14-02: Approve Resolution No. 14-02 assessing costs for action
necessary to remove junked and/or abandoned vehicles from three (3) properties within
the City.
RESOLUTION NO. 15-02: Approve Resolution No. 15-02 assessing costs for action
necessary to abate nuisances on thirty (30) properties throughout the City.
SPECIAL EVENT REQUEST/HOWARD ALAN 5th ANNUAL WINTER
STREET CRAFT FESTIVAL: Consider a request for special event approval to allow
the 5th Annual Delray Beach Winter Street Craft Festival to be held on February 22-23,
2002, including a temporary use permit for street closures of NE/SE 4th Avenue, one
block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for
vendor parking and staff support for security, with the event sponsor paying all overtime
costs.
SCRWTDB FEASIBILITY STUDY FOR RECLAIMED WATER SYSTEM
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EXPANSION: Authorize funding in the amount of ~g47,100.00 to South Central
Regional Wastewater Treatment and Disposal Board for a feasibility study regarding the
Reclaimed Water System Expansion project. Funding is available from 441-5181-536-
63.95 (Other Improvements/NW Reuse Water System-SCRWW).
HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve
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Housing Rehabilitation grant,contract awards through Community Development
Division in the amounts of $7,140.00 to Horizon Roofing (3030 Dorson Way),
S17,487.75 to Preston Construction (131 NW 6~h Avenue), and S18,485.00 to Craftsman
Plus, Inc. (611 Angler Drive). Funding is available from 118-1924-554-49.19 (SHIP
Housing Rehabilitation Grant).
CONFLICT OF INTEREST WAIVER/GREENBERG TRAURIG: Approve a
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conflict of interest waiver request for Greenberg Traurig, representatives for the Florida
Department of Agriculture in regards to the citrus canker litigation.
RESOLUTION NO. 17-02: Approve Resolution No. 17-02 modifying the membership
requirements for the Elder Care Task Force.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 7, 2002 through February 1, 2002.
02-05-2002
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REALLOCATION OF FUNDS: Approve reallocation of FY 2002 Drug Control &
System Improvement (DCSI) funds as recommended by the Criminal Justice
Commission (cJc). The total FY 2002 funds available for reallocation is $200,000.
AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Pierce Manufacturing, Inc./Ten 8 in the amount of $751,154.00
for the replacement aerial apparatus. Funding is available from 501-3312-591-64.20
(Garage/Auto mo rive).
2. Purchase award to CompuServe in the amount of $22,282.00 for the purchase of
Citywide Database Server under state contract #250-040-99-1. Funding is available
from 441-5111-536-64.11 (Computer Equipment).
3. Bid award to Sanders Company, Inc. in the amount of $69,255.00 for the purchase of
three (3) dry pit/submersible sanitary sewerage pumps to be installed in Lift Station
No. 1. Funding is available from 442-5178-536-64.90 (Other Machinery and
Equipment).
4. Bid award to Altec Industries, Inc. in the amount of $104,181 for the purchase of an
Altec Model LRV-55-AS bucket truck under GSA contract #GS-30F-1028G.
Funding is available from 501-3312- 519-64.20 (Garage/Automotive).
5. Purchase award in the amount of $17,165.00 to Data Flow Systems (sole source) for
the purchase of Telemetry equipment associated with the replacement of existing
telemetry systems site server unit. Funding is available from 441-5143-536-64.90
(Other Machinery and Equipment).
6. Contract award to REP Associates, Inc. in the amount of $22,710.34 for Phase II
Environmental Assessments on Barwick Road site parcels. Funding is available from
334-3162-541-61.10 (Land).
7. Joint bid award with the City of Boynton Beach to multiple responsive bidders for
the Fire Department to purchase medical and drug supplies at an estimated annual
cost of $91,000.00 for the City of Delray Beach. Funding is available from 001-2315-
526-52.20 (General Operating Supplies).
8. Bid award GTE Builders, Inc. for the Community Teen Center in the amount of
$303,472.50. Funding is available from 334-6111-572-62.09 for $195,905 (General
Construction Fund/Delray Youth Teen Council) and 117-6111-519-63.40 for
$108,000 (Recreation Impact Fee/Roller Blade and Skate Board Park).
9. Purchase award to Cross Match Technologies, Inc. in the amount of $37,802 for the
purchase of a complete Livescan Fingerprinting and Palm Capture System. Funding
is available from 001-2114-521-64.11 (Computer Equipment).
10. Bid award to Hector Equipment Company for two (2) Toro Groundmaster 328 D
mowers in the amount of $29,012.07 under Florida State contract 515-630-00-1.
Funding is available from 501-3312- 519-64.20 (Automotive).
02-05-2002
REGULAR AGENDA:
A. REQUEST FOR MODIFICATION OF STANDARDS GOVERNING FINGER
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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
28-foot finger pier to be constructed at 425 SE 7h Avenue. The normal standard is 25-
feet of dock length. (Quasi-JudiciM Hearing) (Approved, 5-0)
REQUEST TO WAIVE LIENS/SAINT MATTHEWS EPISCOPAL CHURCH:
Consider a request to waive liens on a vacant lot acquired by Saint Matthews Episcopal
Church located at SW 3~ Street and SW 4~h Avenue across from their current property.
The liens currently total $5,929.34; the City's actual out-of-pocket costs are $2,798.17,
which the church is prepared to pay. (Approved, 5-0)
REQUEST FOR IN-LIEU PARKING FEE/CAF10. VERI AMICI: Consider a
request by Caf~ Veri Amici for the purchase of two (2) in-lieu parking spaces in the
amount of $12,000. Caf~ Veri Amici is located at the southeast corner of Pineapple
Grove Way and NE 2'~ Street. (Approved, 5-0)
ESTABLISHMENT OF SANDOWAY PARKING LOT OFFICIAL CLOSING
TIME: Consider establishing the official closing time for Sandoway Parking Lot as 9:00
p.m., as recommended by the Parking Management Advisory Board. (Motion was to set
closing time to 8:00 p.m. year round; Approved, 5-0)
LICENSE AGREEMENT/CAUSE EVENTS, INC. /SPORTSFEST 2002:
Consider approval of a license agreement with Cause Events, Inc. to hold a Sportsfest
2002 on Saturday, March 23, 2002 from 10:00 am until 11:00 pm at the Tennis Center.
(Approved, 5-0)
NAMING RIGHTS/DELRAY BEACH TENNIS CENTER: Consider authorizing
negotiation of an agreement with The Superlative Group, Inc. Consultants Inc. to act as a
Non Exclusive Agent for the City of Delray Beach to sell naming rights for the Delray
Beach Tennis Center. (Approved, 5-0)
SPECIAL EVENT REQUEST/OLD SCHOOL SQUARE PAVILION GRAND
OPENING: Consider a request for special event approval to allow the grand opening
of Old School Square Pavilion to be held on February 14, 2002 from 7:00 pm until 10:00
pm and to approve staff support for security with the waiver of overtime costs.
(Approved, 5-0)
LINE OF CREDIT/SUNTRUST BANK: Approve a Line of Credit for
$22,000,000.00 with SunTrust Bank to finance the cost of land acquisition with respect to
Atlantic High School, the City's Beach Renourishment Program, and parking facility
improvements at the Delray Beach Library. (Approved, 4-0; Commissioner McCarthy was
absent during vote)
PURCHASE AWARD/ZOLL MEDICAL CORPORATION: Consider approval of
a purchase award to second lo,vest bidder; Zoll Medical Corporation, for two (2) 12-Lead
Monitor Defibrillators in the amount of $40,150.70. Funding is available through the
Palm Beach County Emergency Medical Service Grant Award Program for $38,562.30
02-05-2002
and from 115-2311-248-64.00 (Fire-Other Machinery/Equipment) for $1,588.70.
(Approved, 5-0)
SOLID WASTE AUTHORITY INTERLOCAL AGREEMENT/TEMPORARY
USE PERMIT: Approve a new lease agreement between the City and the Solid Waste
Authority of Palm Beach County for the SWA's temporary use for up to 2 years of the
Public Works Warehouse located on Lake Ida Road, just east of Congress Avenue.
(Tabled until a later date)
PROPOSAL FOR SETTLEMENT IN FASHAW v. CITY OF DELRAY BEACH:
Consider a Proposal for Settlement in the amount of $12,500.00 in Fashaw v. City of
Delray Beach. Staff recommendation is denial. (Approved to deny proposal, 5-0)
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two (2)
regular members to the Code Enforcement Board with term ending January 14, 2003 and
January 14, 2005, and one (1) alternate member with term ending January 14, 2005.
Based upon the rotation system, the regular appointments will be made by Mayor
Schmidt (Seat #5) and Commissioner Perlman (Seat #1). The alternate appointment will
be made by Commissioner Archer (Seat #2). (Appointed Robert Desjean as Regular Member
and approved, 5-0; appointed Clifford Torres as Regular Member and approved, 5-0; appointed
Russell Jennings as Alternate Member and approved, 4-1, Mayor Schmidt dissenting)
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
member to the Board of Adjustment for an unexpired term ending August 31, 2003.
Based upon the rotation system, the appointment will be made by Commissioner Archer
(Seat #2). (Appointed Gary Rosen and approved, 5-0)
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) re£~/ar member to the Delray Beach Housing Authority for a four year
term ending March 6, 2006. Based on the rotation system, the appointment will be made
by Mayor Schmidt (Seat #5). (Appointed Morris Weisman and approved, 5-0)
APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint one (1) re£~lar member to the Public Employees Relations Commission (PERC)
for a four year term ending January 29, 2006. Based on the rotation system, the
appointment will be made by Commissioner Archer (Seat #2). (Appointed Lorraine Kasper
and approved, 5-0)
APPOINTMENT TO THE ELDER READY TASK FORCE: Appoint one (1)
member to the Elder Ready Task Force for an unexpired term ending November 1, 2002.
Based on the rotation system, the appointment will be made by Commissioner Perlman
(Seat #1). (Appointed Reverend Richard Smith and approved, 5-0)
APPOINTMENT TO NOISE COMPATIBILITY ADVISORY COMMITTEE
(NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint one (1) member to
the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport
Authority. The term is for two (2) years. Based on the rotation system, the appointment
will be made by Commissioner Perlman (Seat #1). (Appointed Robert Langevin and
approved, 5-0)
02-05-2002
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PUBLIC HEARINGS:
ORDINANCE NO. 5-02 (FIRST READING/FIRST PUBLIC HEARING): An
Ordinance amending the Land Development Regulations Section 4.4.27(C) to add
educational facilities in the OSR (Open Space and Recreation) zoning district. If passed,
a public hearing will be scheduled for February 19, 2002. (Approved, 5-0)
ORDINANCE NO. 39-01 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2001-02): Consider on second reading an ordinance adopting
Comprehensive Plan Amendment 2001-02 and associated Future Land Use Map (FLUM)
amendments, and authorize transmittal to the State Department of Community Affairs.
Amendment 2001-02 includes:
Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to
CF (Community Facilities) for a parcel of land located at 36 NW 4m Avenue to
accommodate an off-street parking lot associated with the Atlantic Grove
Redevelopment project.
Corrective Future Land Use Map amendment for the Rinaldi parcel (approximately
0.03 acres) from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial
Core) for a parcel of land located on the east side of Bronson Avenue approximately
100 feet south of East Atlantic Avenue.
Text Amendment to the Future Land Use Element changing the Transitional land use
designation as it relates to density in the RO (Residential Office) zoning district.
(Approved 5-0, with exception of the privately initiated text amendment)
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.
(Quasi-Judicial Hearing) (Approved, 5-0)
ORDINANCE NO. 1-02 (SECOND READING/SECOND 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 district, pursuant to LDR Section 2.4.5(ND. (Approved, 5-0)
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. (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.
02-05-2002
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FIRST READINGS:
ORDINANCE NO. 4-02: An ordinance amending Chapter 53 of the Code of
Ordinances, Sanitary Sewers, to comply with the Department of Environmental
Protection regarding industrial pretreal~:nent and sewage discharges. If passed, a public
hearing will be scheduled for February 19, 2002. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adfoutned at 8:45p.m. ******
02-05-2002