02-19-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, February 19, 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.
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.
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. (Commissioner Perlman requested item 8.K, Consulting Service
Agreement/Southwest Area Neighborhood Redevelopment Plan, be moved to the regular agenda as
item 9.A.A, approved as amended, 5-0)
APPROVAL OF MINUTES:
· February 5, 2002 - Regular Meeting (Approved, 5-0)
· February 12, 2002 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
· American Legion 83~d Anniversary - March 17, 2002 and March 18, 2002
· Recognizing and commending the Delray Beach Ocean Rescue Division
· Recognizing Macular Degeneration Day - May 1, 2002
· Calling for the First Nonpartisan and Special Election to be held on March 12, 2002.
PRESENTATIONS:
Honoring Boy Scout Troop 340 for donating a rebuilt computer to our Sister City in
Moshi, Tanzania.
PROCLAMATION Recognizing and commending Beverly Hosokawa,
Katrina Kacandes, and Alice Lee as Friendship Ambassadors
B. Resolution No. 22-02 supporting Beach Renourishment (Approved, 5-0)
Resolution No. 23-02 supporting Windstorm Insurance Proposal by the Citizens
Property Insurance Corporation (Approved, 5-0)
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN AND
SPECIAL ELECTION: Approval of the poll workers for the First Nonpartisan and
Special Election to be held on March 12, 2002.
CONSIDERATION OF A RECOMMENDATION FROM THE
EDUCATION BOARD REGARDING THE GIFTED PROGRAM AT
BANYAN CREEK ELEMENTARY SCHOOL: Support the Education Board's
recommendation to maintain the Banyan Creek Elementary School's Gifted Program as
it currently exists.
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02-19-2002
RESOLUTION NO. 19-02: Approve Resolution No. 19-02 abandoning a portion of
the Dixie Highway right-of-way, directly adjacent to Lots 6, 7, & 8 of the Plat of Delray
Beach Estates, approximately 1,320 feet south of Gulf Stream Boulevard.
RESOLUTION NO. 20-02/ABANDONMENT OF UTILITY
EASEMENT/PLAT OF FAIRACRE: Approve the abandonment of a 5' utility
easement within Lot 6, Plat of Fairacre, located west of Swinton Avenue, north of N.W.
l l~h Street (1107 Periwinkle Lane).
RESOLUTION NO. 21-02: Approve Resolution No. 21-02 supporting increased
funding for regional planning councils.
FINAL SUBDIVISION PLAT APPROVAL/PBT PLAT: Approve the P.B.T. plat,
located between US 1 and Old Dixie Highway north of George Bush Boulevard. The
property is being subdivided to create two (2) lots.
SERVICE AUTHORIZATION NO. 3/AVIROM & ASSOCIATES, INC.:
Approve Service Authorization No. 3 to Avirom & Associates, Inc. for the Delray
Shores Neighborhood Enhancements Topographic Route-of-Line Survey, Project 2002-
008 in the amount of ~;16,260.00. Funding is available from 334-6111-519-63.89
(General Construction Fund).
FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
1155 EAST ATLANTIC AVENUE PROJECT: Authorize the City to act as the
general use permit applicant for the addition of one parking space within the state right-
of-way (located on the north side of East Atlantic Avenue) and approve a Hold
Harmless Agreement with the developer (1161 of Delray, LLC).
ACCEPTANCE OF EASEMENT DEED/POLLO TROPICAL: Approve and
accept an easement deed for the maintenance of a sidewalk along Linton Boulevard and
S.W. lffh Avenue in conjunction with the Pollo Tropical Project.
MEMORANDUM OF UNDERSTANDING AND POLICIES AND
PROCEDURES 2001-2004/DELRAY BEACH HOUSING RENAISSANCE
PROGRAM: Approve the Memorandum of Understanding and the Policies and
Procedures that govern the Delray Beach Housing Renaissance Program for the period
December 2001 through December 2004.
(MOVED TO 9.A.A)
FINAL PAYMENT/ATLANTIC PAINTING & SANDBLASTING: Approve
final payment in the amount of $4,201.00 to Atlantic Painting and Sandblasting for the
completion of the Water Treatment Plant Clarifier #4 Painting of Metal Surfaces
project, Project 2002-001. Funding is available from 442-5178-536-46.90 (W & S Other
Repair and Maintenance).
02-19-2002
FINAL PAYMENT/JMW CONSTRUCTION CORPORATION: Approve final
payment in the amount of $7,413.14 to JMW Corporation for completion of the Delray
Swim & Tennis Club Pool and Bathhouse Renovations Project, Project 2001-003.
Funding is available from 334-4133-572-63.90 (Tennis Center).
ITEM REMOVED
SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Consider a
request for special event approval to allow the 34~h Annual St. Patrick's Day Parade to
be held on Saturday, March 16, 2002 beginning at 2:00 p.m., including temporary use
permits for the closing of Atlantic Avenue from Venetian Drive to the County
Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade
entries from 12:30 p.m. to approximately 3:30 p.m., staff support for traffic control and
security, barricading, trash removal and assistance in obtaining the FDOT permit.
SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a
request for special event approval to allow the Easter Sunrise Service to be held March
31, 2002 from 6:00 a.m. until 7:30 a.m., including a temporary use permit for the closure
of South Ocean Boulevard from Atlantic Avenue to Miramar, the use of the pavilion,
staff support for traffic control, barricading, and EMS assistance on behalf of the
Delray Beach Clergy Association.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 4, 2002 through February 15, 2002.
AWARD OF BIDS AND CONTRACTS:
o
°
Purchase award to Endicott Electric Vehicles in the amount of $16,675.50 for
the purchase of a Global Electric Motorcar for the Fire Department. Funding is
available from 001-2315-526-64.20 for $16,355.00 (Fire Operations Automobile)
and 115-2311-522-64.20 for $320.50 (Fire Automobile).
Contract award to Chaz Equipment, Inc. in the amount of $169,132.50 for NE
4~h Street Widening Project, Project 2000-003. Funding is available from 334-
3162-541-65.19 for $82,692.50 (General Project Fund), from 442-5178-536-
65.02 for $46,490.00 (Water & Sewer), and from 448-5461-538-65.02 for
$39,950.00.
Contract renewal for the purchase of calcium hypochlorite from Leslie's
Swimming Pool Supplies and the purchase of liquid chlorine from Jones
Chemical via the City of Boca Raton Coop Bid #2000-046 at an estimated
annual cost of $73,815.00. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals) for $69,090.00 and from 441-5144-536-52.21
(Water/Sewer Fund/Chemicals) for $4,725.00.
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02-19-2002
REGULAR AGENDA:
A.A CONSULTING
SERVICE AGREEMENT/SOUTHWEST AREA
NEIGHBORHOOD REDEVELOPMENT PLAN: Approve an agreement
between the City and JEG Associates for consulting services associated with the
Southwest Area Neighborhood Redevelopment Plan in the amount of $50,000. Funding
is available from 001-6113-559-49.90 for $30,000 (MacArthur Foundation Grant Fund)
and 118-1974-554-49.90 for $5,000 (Community Development Fund). The Community
Redevelopment Agency will contribute $10,000 and Florida Atlantic University will
contribute $5,000. The CRA and FAU funds will be submitted to the City for
disbursement. (Approved, 5-0)
WAIVER REQUEST/REDUCE REQUIRED SITE AREA: A waiver request
from Land Development Section 4.4.7(F)(2)(c) to reduce the minimum required site
area in the PRD (Planned Residential Development) for Palm Grove Village located at
the northeast and southeast corners of Federal Highway and Royal Palm Boulevard, east
of North Federal Highway. (Quasi-Judicial Hearing) (Approved, 5-0)
REQUEST FOR SIDEWALK DEFERRAL/DELRAY BEACH COMMUNITY
DEVELOPMENT CORPORATION: Consider a request from Delray Beach
Community Development Corporation to defer the installation of a sidewalk in front of
122 NW lffh Avenue. Staff recommends denial. (Motion was set to approve request;
Approved 3-2; Mayor Schmidt dissenting and Commissioner Perlman dissenting)
REQUEST FOR IN-LIEU PARKING SPACES/BEN & JERRY'S SCOOP
SHOP: Consider a request by Ben & Jerry's Scoop Shop for the purchase of two (2) in-
lieu parking spaces in the amount of $28,000. Ben & Jerry's Scoop Shop is located at
1155 East Atlantic Avenue. (Approved, 5-0)
SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the
Chamber of Commerce for special event approval for the Delray Affair to be held April
5-7, 2002, including a temporary use permit and closing Atlantic Avenue to traffic from
Swinton Avenue to Palm Square and blocking access to Atlantic Avenue on each side
street in this area at the alley running parallel to Atlantic Avenue. (Approved with staff
recommendations, 5-0)
SPECIAL EVENT REQUEST/IRISH FESTIVAL (OLD SCHOOL SQUARE):
Consider a special event request to hold an Irish Festival on the grounds at Old School
Square on March 16, 2002 from 12:00 p.m. (noon) to 11:00 p.m. and March 17, 2002
from 11:00 a.m. until 8:00 p.m., including a temporary use permit for use of facilities,
event signage, trash removal, staff support for security and traffic control with the
sponsor paying all overtime and event signage costs, contingent on the sponsor
providing liability insurance and a hold harmless agreement. (Approved, 5-0)
REQUEST FOR FUNDING/TRUTH, INC.: Consider a request from Truth, Inc.
for financial support to assist with the group's Louise E. Buie Civil Rights Legacy Tour
to Alabama and Atlanta March 15-19, 2002. (Approved to DENY request, 5-0)
02-19-2002
PROPOSAL FOR SETTLEMENT/MYRIAM JEAN-LOUIS v. CITY: Consider
acceptance of proposal for settlement subject to the receipt of appropriate releases in
the Myriam Jean-Louis v. City of Delray Beach case. Staff recommends acceptance.
(Approved, 5-0)
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
a#er~ate member to the Board of Adjustment for an unexpired term ending August 31,
2003. Based upon the rotation system, the appoinunent will be made by Commissioner
Levinson (Seat #3). (Appointed Stanley Warshaw and approved, 5-0)
APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint one (1) a#er~ate member to the Public Employees Relations Commission
(PERC) for an unexpired term ending June 30, 2002. Based on the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3). (Appointed Dinah
Stephenson and approved, 5-0)
APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
10.
BOARD: Appoint four (4) re£~/ar members to the Parking Management Advisory
Board for two (2) year term ending January 31, 2004. Based upon the rotation system,
the appoinmqents will be made by Commissioner Archer (Seat #2), Commissioner
Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5).
(Appointed Francis Marincola as Regular member and approved, 3-2, Mayor Schmidt dissenting
and Commissioner Perlman dissenting; appointed Nancy Lierle as Regular member and
approved, 5-0; appointed Howard Lewis as Regular member and approved, 5-0; appointed Joe
Gillie as Regular member and approved, 5-0)
BOCA RATON AIRPORT AUTHORITY: Discussion regarding a bill to be
entitled An Act relating to the Boca Raton Airport Authority. (Consensus of the City
Commission to support the bill)
PUBLIC HEARINGS:
Ao
ORDINANCE NO. 4-02: An ordinance amending Chapter 53 "Sanitary Sewers" of
the City's Code of Ordinances and amending LDR Section 6.1.11 Sewer Systems, to
comply with the Florida State Deparunent of Environmental Protection (DEP)
regarding industrial pretreatment and regulated sewage discharges. (Approved, 5-0)
Bo
ORDINANCE NO. 5-02 (SECOND READING/SECOND PUBLIC
HEARING): An Ordinance amending the Land Development Regulations Section
4.4.27(C) to add educational facilities as an accessory use in the OSR (Open Space and
Recreation) zoning district. (Approved, 5-0)
Co
ORDINANCE NO. 8-02 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations Appendix "A" Definitions to
add a definition for bedrooms. If passed, a public hearing will be scheduled for March
5, 2002. (Approved, 5-0)
02-19-2002
11.
12.
13.
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. 6-02: An ordinance amending the Future Land Use Map (small
scale) from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac)
for a 0.763 acre parcel of land for Palm Grove Village, located at the northeast corner of
Royal Palm Boulevard and North Federal Highway. If passed, a quasi-judicial public
hearing will be scheduled for March 5, 2002. (Approved, 5-0)
ORDINANCE NO. 7-02: An ordinance rezoning from GC (General Commercial) in
part, RM (Multiple Family Residential-Medium Density) in part, and RM (Multiple
Family Residential-Low Density) in part to PRD (Planned Residential Development) for
4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm
Boulevard, east of North Federal Highway. If passed, a quasi-judicial public hearing will
be scheduled for March 5, 2002. (Approved, 5-0)
ORDINANCE NO. 9-02: An ordinance amending Land Development Regulations
Section 5.3.1.(D)(4)(a) changing appeals of required right-of-way dedications from the
Board of Construction Appeals to the City Commission. If passed, a public hearing will
be scheduled for March 5, 2002. (Approved, 4-0; Commissioner Perlman was absent during
vote)
ORDINANCE NO. 10-02: An ordinance amending Ordinance No. 59-01 to make
clear the intent of that ordinance that suits against the City will also cause extensions on
development approvals. If passed, a public hearing will be scheduled for March 5, 2002.
(Approved, 4-0; Commissioner Perlman was absent during vote)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at Z'4Op.m. ******
02-19-2002