08-20-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, August 20, 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, 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.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (The Mayor noted the addition of Consent Agenda Item - 8.K - Lease
Agreement/Palm Beach County; Regular Agenda Item - 9.F - Cancellation of Contract/Luxury
Limousine; and additional information for Consent Agenda Item - 8.J.2 - Purchase Award to Comark
Government Education Sales; Commissioner Levinson requested Item 8.J.2 - Purchase Award to
Comark Government Education Sales be moved to the regular agenda as item 9.A.A.; Approved as
amended, 5-0)
APPROVAL OF MINUTES:
August 6, 2002 - Regular Meeting (Approved, 5-0)
August 13, 2002 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
National Alcohol and Drug Addiction Recovery Month - September 2002
PRESENTATIONS:
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Palm Beach County Film Commission (Bad Boys II/Bird House) - Chuck Elderd &
David Pittuzo
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-02:
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Formally initiate Comprehensive Plan Amendment 2002-02 pursuant to Section 9.2.1 of
the Land Development Regulations.
REQUEST FOR SIDEWALK DEFERRAL/SEASHELL PROPERTIES, INC.:
Approve a request from Seashell Properties, Inc. to defer the installation of a sidewalk
in front of 1054 Melaleuca Road. Staff recommends approval.
RESOLUTION NO. 68-02: Approve Resolution No. 68-02 assessing costs for action
necessary to abate nuisances on nine (9) properties throughout the City.
EMERGENCY SERVICES AGREEMENT/CITY OF BOCA RATON:
Approve the acceptance of an Emergency Services Agreement for Emergency
Fire/Rescue Mutual Assistance and Automatic Aid with the City of Boca Raton.
EMERGENCY SERVICES AGREEMENT/CITY OF BOYNTON BEACH:
Approve the acceptance of an Emergency Services Agreement for Emergency
Fire/Rescue Mutual Assistance and Automatic Aid with the City of Boynton Beach.
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EMERGENCY SERVICES AGREEMENT/PALM BEACH COUNTY:
Approve the acceptance of an Emergency Services Agreement for Emergency
Fire/Rescue Mutual Assistance and Automatic Aid with Palm Beach County.
AMENDMENT TO BOARD OF ADJUSTMENT RULES: Approve revisions to
the Board of Adjustment Rules incorporating the recently adopted procedures for
quasi-judicial hearings.
SPECIAL EVENT REQUEST/HOWARD ALAN 8TM ANNUAL DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request for the gh annual
Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from
10:00 a.m. until 5:00 p.m. on September 21, 2002 and September 22, 2002, granting a
temporary use permit per LDR Section 2.3.6(H) for the closure of N.E. and S.E. 4~h
Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for
vendor parking, and authorize staff support for police security with the sponsor paying
all overtime costs.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 5, 2002 through August 16, 2002.
AWARD OF BIDS AND CONTRACTS:
1. Bid award to Republic Construction and Development, Inc. in the amount of
$80,794.00 for the replacement of two (2) lifeguard towers. Funding is available
from 334-6112-519-62.14 (General Construction Fund).
2. (MOVED TO ITEM 9.A.A ON THE REGULAR AGENDA)
3. Purchase award to Accris Corporation in the amount of $84,107.00 for the
purchase of a network back-up and recovery software and hardware system.
Funding is available from 334-6112-519-64.12 (Office Equipment).
4. Purchase award to Presidio Corporation in the amount of $22,939.42 for the
purchase of hardware, equipment, and associated installation costs to extend the
wireless communication project to Fire Station 3. Funding is available from
334-6112-519-64.90 (Other Machinery/Equipment).
LEASE AGREEMENT/PALM BEACH COUNTY: Approve a lease agreement
between the City of Delray Beach and Palm Beach County for a Substation next to
Atlantic High School.
REGULAR AGENDA:
FILMING AUTHORIZATION/BAD BOYS II/BIRD HOUSE: Consider
authorizing the closure of A-1-A from Linton Boulevard to Casurina during the actual
filming at the Bird House and the use of City owned parking lots/property as needed
for the production company parking and base camps. (Approved, 5-0)
08-20-2002
A.A.
Purchase award to Comark Government Education Sales in the amount of $33,978.00
for the purchase of six (6) new laptop computers for the Police Department Patrol
Officers under State Negotiated Agreement Price Schedule (SNAPS) Contract No.
2501937-2. Funding is available from 115-2112-521-64.90 (Federal Asset Forfeiture
Account). (Motion to TABLE to a date certain of September 3, 2002; Approved, 5-0)
CANCELLATION OF CONTRACT/ISADORA BRADY: Consider authorizing
the cancellation of Contract for Sale and Purchase with the Estate of Isadora Brady due
to property title issues. (Approved, 5-0)
FIRE-RESCUE/RECRUITMENT INCENTIVE PROGRAM: Consider
adopting a Fire-Rescue Recruitment Incentive Program to compensate City employees
for recruitment of candidates hired by the City of Delray Beach. (Approved, 5-0)
RESOLUTION NO. 67-02: Consider approval of Resolution No. 67-02 establishing
the Public Arts Task Force consisting of nine (9) members with a sunset date of April 1,
2003. The City Commission will appoint five (5) members at the September 3~
Commission meeting. (Approved, 5-0)
SPECIAL EVENT/HEART AND SOUL RUN/WALK: Consider approval of
special event request to allow the Heart and Soul Run/Walk sponsored by the Village
Foundation and Muzak Heart and Soul Foundation, to be held on September 7, 2002
from 7:30 a.m. until 1:00 p.m., including a temporary use permit per LDR Section
2.4.6(H) for the use of City property and closure of right-of-way along Ocean
Boulevard, and authorize staff support for barricading, signage, traffic control/security,
and stage set up/removal; contingent on the sponsors providing a hold harmless
agreement and certificate of insurance. (Approved, 5-0)
CANCELLATION OF CONTRACT/LUXURY LIMOUSINE: Consider
authorizing the cancellation of contract with Luxury Limousine Service Inc. for bus
rental and driver service for Parks and Recreation and approve an emergency purchase
order to Florida Network Tours in the amount of $7,170.00 for the remainder of the
contract. (Approved with staff recommendations, 5-0)
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PUBLIC HEARINGS:
ORDINANCE NO. 36-02: An ordinance rezoning from R-l-AA (Single Family
Residential) to RM (Multiple Family Medium Density Residential) for a parcel of land
located on the south side of S.E. 5m Street, approximately 160 feet east of S.E. 6m
Avenue (Federal Highway) - 622 S.E. 5~h Street. Quasi-Judicial Hearing (Approved,
5-0)
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ORDINANCE NO. 33-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations to modify
the definition and regulations pertaining to substance abuse treatment facilities and
amending Section 4.4.6 Medium Density Residential (RND district by removing
residential alcohol and drug treatment facilities as a conditional use. (Motion to TABLE;
Approved, 5-0)
ORDINANCE NO. 35-02: An ordinance amending the Future Land Use Map (small-
scale) from County MR-5 (Medium Residential 5-units per acre) to City ED (Low
Density Residential 0-5 du/ac) and annexation with initial zoning of R-l-AAA (Single
Family Residential) for the Koeser Residence, located on the west side of Barwick Road,
approximately 260 feet north of the L-31 canal (13341 Barwick Road). Quasi-Judicial
(as to zoning) Public Hearing (Approved, 5-0)
ORDINANCE NO. 34-02: 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". (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:
ORDINANCE NO. 37-02: An ordinance amending Chapter 110, "Occupational
Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of
Ordinances to provide for a five (5) percent increase in all occupational license tax fees
effective October 1, 2002. If passed, a public hearing will be scheduled for September
3, 2002. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 9:30p.m. ******
08-20-2002