07-02-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, July 2, 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.
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 (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. ~Mayor $chmidt requested Item 8.A, Resolution No. 55-02, be moved to
the regular agenda as Item 9.A.A and Item 9.B, Loan Repayment Request/EPOCH was pulled due to a
request from the applicant; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· June 4, 2002 - Regular Meeting (Approved, 5-0)
· June 18, 2002 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
· None
PRESENTATIONS:
A. None
CONSENT AGENDA:
A.
B.
City Manager Recommends Approval. (Approved as amended, 5-0)
(MOVED TO ITEM 9.A.A ON THE REGULAR AGENDA).
RESOLUTION NO. 56-02/ABANDONMENT OF PUBLIC ACCESS
EASEMENT/CORNICHE REPEAT: Approve Resolution No. 56-02 and the
abandonment of a 24' public access easement within the Corniche Replat, located on
the east side of Federal Highway, approximately 800 feet south of S.E. 10m Street.
RESOLUTION NO. 5?-02: Approve Resolution No. 57-02 abandoning a portion of
the east-west alley right-of-way, located on the north side of Lot 6, Block 6 of
Whidden's Subdivision.
RESOLUTION NO. 58-02: Approve Resolution No. 58-02 abandoning Tract "A"
of the plat of Laver's North, located on the east side of S.W. 10m Avenue,
approximately 240 feet south of Linton Boulevard.
REQUEST FOR SIDEWALK DEFERRAL/TROPIC SUPPLY WAREHOUSE:
Approve a request from Tropic Supply Warehouse to defer the installation of a sidewalk
in front of 1203 Poinsettia Drive. Staff recommends approval.
RELEASE OF INTERESTS/UTILITY EASEMENT: Approve the release of
City interests in easement deed regarding utility companies.
-2-
07-02-2002
ACCEPTANCE OF EASTMENT DEED/TED JURACSIK TOOL & DIE:
Approve and accept an easement deed granting to the City the means to construct and
maintain a stormwater drainage main for the completion of the N.W. lgh
Avenue/Marty Fladell Drive Construction Project.
FINAL SUBDIVISION PLAT APPROVAL/MIL-ATLANTIC PLAT: Approve
the Mil-Atlantic plat, located on the west side of Military Trail, just south of the L-34
Canal.
TOWN OF HIGHLAND BEACH AGREEMENT: Approve an agreement
between the City of Delray Beach and the Town of Highland Beach for comprehensive
fire and emergency medical services.
TEQUESTA POLICE DEPARTMENT AGREEMENT: Approve an agreement
between the City of Delray Beach Police Department and the Tequesta Police
Department for utilization of the National Crime Information Center and Florida Crime
Information Center System through the Delray Beach Police Department equipment.
PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT:
Approve a financial assistance agreement with the Palm Beach County Board of County
Commissioners in the amount of $300,000.00 for beautification improvements to Lake
Ida Road.
AMENDMENT NO. 1/PIERCE MANUFACTURING, INC./TEN 8
AGREEMENT: Approve Amendment No. 1 to the agreement between the City of
Delray Beach and Pierce Manufacturing, Inc./Ten 8 providing for an earlier trade-in of
the 1971 Pierce/Pitman Snorkel.
CHANGE ORDER NO. I/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. 1 in the amount of $44,510.17 and final payment in the
amount of $92,717.37 to Florida Blacktop, Inc. for completion of NE/NW Area
Infrastructure Improvements Project. Funding is available from 370-3162-541-65.44
(2000 Roadway Bond NE/NW Area).
CHANGE ORDER NO. 2/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. 2 in the amount of $41,090.14 and final payment in the
amount of $314.80 to Florida Blacktop, Inc. for completion of Pineapple Grove Way
Project. Funding is available from 448-5461-538-65.12 (Storm Water Utility Fund/NE
2'~ Avenue).
CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. 3 in the amount of a $46,281.36 decrease, and final
payment in the amount of $25,729.52 to Florida Blacktop, Inc. for completion of
SE/SW Area Infrastructure Improvements Project. Funding is available from 370-
3162-541-65.45 (2000 Roadway Bond SE/SW Area).
07-02-2002
SPECIAL EVENT REQUEST/COLUMBUS DAY: Approve a special event
request to allow the 3rd Annual Columbus Day Italian Fiesta sponsored by the Order
Sons of Italy in America Lodge #2719, to be held on October 11-12, 2002 from 12:00
p.m. until 10:00 p.m., including a temporary use permit per LDR Section 2.3.6(H) for
the use of Veterans park, staff assistance for traffic control/security, and trash
removal/clean up with event sponsor paying 50% overtime; contingent on the sponsor
providing a hold harmless agreement and certificate of insurance.
FINAL CLOSEOUT/4th BEACH RENOURISHMENT CONTRACT: Approve
the final closeout payment to Bean Stuyvesant in the amount of $411,103.64 for the Th
Beach Renourishment Project.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 17, 2002 through June 28, 2002.
LEASE AGREEMENT/MARINE PATROL: Consider approval of a lease
agreement between the City of Delray Beach and Tropic Bay Homeowners' Association
for dockage space for the Police Department's Marine Patrol vessel.
T. AWARD OF BIDS AND CONTRACTS:
Purchase award to Fischer Scientific Company (sole provider) in the amount of
$37,550.59 for the purchase of an integrated Personal Alert Safety System
(PASS) for the Scott Aviation Self-Contained Breathing Apparatus (SCBA) used
by the Fire Department. Funding is available from 334-6112-519-64.90
(General Construction Fund/Other Machinery/Equipment).
Contract award to Tri County Concrete Products in the amount of $73,149.00
for the Tropic Isles drainage inlet replacements. Funding is available from 448-
5461-538-65.67 (Tropic Isles Catch Basin Removal/Replacements).
Contract award to Molloy Brothers, Inc. in the amount of $47,850.00 for the
Venetian Drive Infrastructure Improvements. Funding is available from 441-
5181-536-65.09 (Sewer/Venetian Drive).
REGULAR AGENDA:
CAROLINA CABANA AGREEMENT: Consider a request for relief from Carolina
Cabana regarding changes in their franchise agreement with the City. (Staff to negotiate
with applicant until bid process, approved 5-0)
A.A
RESOLUTION NO. 55-02: Approve Resolution No. 55-02 abandoning a portion of
Royal Palm Boulevard, located on the east side of north Federal Highway,
approximately 3,600 feet south of Gulf Stream Boulevard, in conjunction with Old
Palm Grove Development. (Approved to TABLE this resolution, 5-0)
-4-
07-02-2002
Bo
Co
Do
Go
Ho
LOAN REPAYMENT REQUEST/EPOCH: Consider a request from Expanding
and Preserving Our Cultural Heritage, Inc. (EPOCH) to forgive the $52,000.00 loan
balance due to the City. (PULLED by applicant)
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate voting delegate to the Florida League of
Cities' 76~h Annual Conference to be held at the Boca Raton Resort and Club on August
15-17, 2002. (Designated Mayor Schmidt as voting delegate, 5-0)
RESOLUTION NO. 53-02: Consider approval of Resolution No. 53-02 authorizing
the City to purchase property located at 2475 West Atlantic Avenue and Contract for
Sale and Purchase between the City and Temple Sinai in the amount of $370,000.00.
(Approved, 5-0)
RESOLUTION NO. 54-02: Consider approval of Resolution No. 54-02 authorizing
the City to purchase property fronting the Delray Beach Fire Station on the south side
of Germantown Road, southeast of Linton Boulevard and Contract for Sale and
Purchase between the City and Norman W. Blood, Jr. III and James D. Blood in the
amount of $24,000.00. (Approved, 4-0; Commissioner Archer left dais)
PURCHASE OF BREEZY RIDGE PROPERTY: Consider approval of contract
for the purchase of one (1) Breezy Ridge property. (Approved, 4-0; Commissioner Archer
left dais)
RESOLUTION NO. 59-02: Consider approval of Resolution No. 59-02 adopting the
Section 125 Flexible Benefits (Cafeteria) Plan. (Approved, 5-0)
RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the appointment to the Parking Management Advisory
Board for a two (2) year term ending August 1, 2004. (Appointed Ron Radabaugh and
approved, 5-0)
APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY:
Jo
Appoint three (3) regular members to the Delray Beach Housing Authority for a four
(4) year term ending July 14, 2006. Based on the rotation system, the appointments will
be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), and
Commissioner Levinson (Seat #3). (Appointed Alfred Etienne and approved, 5-0;
appointed Dawn Guzzetta and approved, 5-0; appointed Yvonne Wilson and approved, 5-0)
APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
four (4) members to the Historic Preservation Board for a term ending August 31, 2004.
Based upon the rotation system, the appoinunents will be made by Commissioner
Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), and
Commissioner Perlman (Seat #1). (Appointed May Lou Jamison and approved, 5-0;
appointed James Keavney and approved, 5-0; appointed Francisco Perez-Azua and approved, 5-
0; appointed Rhonda Sexton and approved, 5-0)
07-02-2002
APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
Lo
BOARD: Appoint five (5) regular members to the Site Plan Review and Appearance
Board for a two (2) year term ending August 31, 2004. Based upon the rotation system,
the appointments will be made by Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat #1), and
Commissioner Archer (Seat #2). (Appointed Mayer Abbo and approved, 5-0; appointed
Daniel Carter and approved, 5-0; appointed Roger Cope and approved, 5-0; appointed Deborah
Dowd and approved, 5-0; appointed Gary Eliopoulos and approved, 5-0)
APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory
Committee for a two (2) year term ending June 1, 2004. Based on the rotation system,
the appointment will be made by Commissioner Perlman (Seat #1). (Appointed Bill
Schwartz and approved, 5-0)
10.
11.
PUBLIC HEARINGS:
Ao
ORDINANCE NO. 22-02: An ordinance amending Title VII, Chapter 71 of the City
Code of Ordinances "Parking Regulations". (Approved, 5-0)
Bo
ORDINANCE NO. 23-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation
of Personnel as Critical to Security". (POSTPONED)
Co
ORDINANCE NO. 24-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations to add Public Educational
Facilities of the School District of Palm Beach County as a principal use in residential
and community facilities (CF) zoning districts; Section 4.3.3 adding supplemental
regulations for public educational facilities; modifying the definition of residential
zoning districts; renaming educational facilities and clarifying that private schools and
other similar educational facilities are conditional uses in certain residential zoning
districts; and adding private schools and other similar educational facilities as a
conditional use in the planned residential development (PRD) zoning district. If passed,
a second public hearing will be scheduled for July 16, 2002. (Approved, 5-0)
Do
ORDINANCE NO. 26-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 3.1.1(B) and
Section 2.4.3(A)(9) to add public school concurrency as a required finding and to
modify submission requirements. If passed, a second public hearing will be scheduled
for July 16, 2002. (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.
07-02-2002
12. FIRST READINGS:
13.
14.
ORDINANCE NO. 25-02: An ordinance amending the Future Land Use Map
Amendment (Small-Scale) from CMR (Commerce) in part and GC (General
Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial
and Commercial) in part and GC (General Commercial) in part to MIC (Mixed
Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest
corner of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site
(former train station - 80 Depot Avenue). If passed, a public hearing will be scheduled
for July 16, 2002. (Approved, 5-0)
ORDINANCE NO. 27-02: An ordinance designating the S.E. O'Neal House located
at 910 N.E. 2~d Avenue to the local register of Historic Places. If passed, a public
hearing will be scheduled for July 16, 2002. (Approved, 5-0)
ORDINANCE NO. 28-02: An ordinance amending Ordinance No. 70-89, regarding
615 North Ocean Boulevard, to increase the mmximum floor area from 2,400 square
feet to 2,650 square feet for the enclosure of a 250 square foot porch. If passed, a
public hearing will be scheduled for July 16, 2002. (Approved, 5-0)
ORDINANCE NO. 29-02: An ordinance amending Ordinance No. 9-95, which
designated the Susan Williams House, to modify the description and address of the
property. If passed, a public hearing will be scheduled for July 16, 2002. (Approved, 5-0)
ORDINANCE NO. 30-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by
amending Sections 35.097(1) and 35.097(L)(2)(B) to comply with the recent Internal
Revenue Code requirements and Florida Statutes. If passed, a public hearing will be
scheduled for July 16, 2002. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 8:25_p.m. For the dosed attorney/client session
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of
Gayle Nye vs. the City of Delray Beach.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff perlman
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
07-02-2002
15.
Purpose:
A certified court reporter
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
SETTLEMENT OF NYE V. CITY OF DELRAY BEACH: Consider settlement of the
referenced matter. (Approved, 5-0)
******* Meeting ad]ourned at $:45 p.m. ******
07-02-2002