09-17-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, September 17,
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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3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted that Item 6.A, Recognizing and Commending Matthew
Boyar - Ocean Rescue Division, has been moved to the October 1, 2002 Commission Meeting;
Approved as amended, 5-0)
APPROVAL OF MINUTES:
September 3, 2002 - Regular Meeting (Approved, 5-0)
September 10, 2002 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
A. Recognizing and Commending Matthew Boyar - Ocean Rescue Division (Moved to
lO/1/o2)
B. Recognizing and Commending the Delray Beach Ocean Rescue Competition Team
C. Unity in the Community Month - October 2002
D. Walk Our Children to School Day - October 2, 2002
PRESENTATIONS:
A. None
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
RESOLUTION NO. 71-02: Approve the abandonment of the 16' north-south alley
within the Blank-Nichols Subdivision together with the 16' north-south alley running
through the center of the north 87.5 feet of the south half of Block 120, Town of
Delray Plat, for the proposed Meridian mixed-use development.
INDEPENDENT CONTRACTOR AGREEMENT/FIRST NIGHT 2003:
Approve an agreement between the City and I<Latherine Smith in the amount of
$3,000.00 for management and administrative services for the First Night 2003 Event.
C. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP) GRANTS/CATHERINE STRONG CENTER & BARWICK PARK:
Authorize the acceptance of two (2) grants from Florida Recreation Development
Assistance Program (FRDAP); Catherine Strong Center grant in the amount of
$107,250.00 for tennis courts and Barwick Park grant in the amount of $50,000.00 for
playground equipment.
HOLIDAY TREE EXHIBIT AGREEMENT: Approve an agreement between the
City and Joint Venture delineating responsibilities for the Holiday Tree Exhibit.
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IN-LIEU PARKING FEE AGREEMENT/MERIDIAN: Approve an agreement
between the City and Mallory II, L.L.C. for the Meridian regarding the refund of in-lieu
parking fees if construction of additional parking occurs on the newly acquired parcel
adjacent to the subject property.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for October 17, 2002 from 6:00
p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the
closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic
Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from
Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E.
2nd Street, and authorize staff support for security and traffic control, banner hanging
and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of
City stages.
EXTENSION TO JEG ASSOCIATES AGREEMENT: Authorize and approve an
extension to the agreement between the City and JEG Associates for the Southwest
Area Neighborhood Redevelopment Plan until September 30, 2002 and expand the
scope of services.
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant,contract award through Community Development
Division in the amount of $20,758.50 to Henry Haywood (324 SW 11~ Avenue).
Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
TRI-PARTY AGREEMENT/FIRST NIGHT 2003: Approve an agreement
between the City, Joint Venture, and Old School Square and proposed budget for the
First Night 2003 Event.
AWARD OF BIDS AND CONTRACTS:
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Purchase award to United Compressor in the amount of $34,161.25 for the
purchase of a Self Contained Breathing Apparatus Air Compressor and Fill
Station under the Palm Beach County Bid #01-192/CB. Funding is available
from 334-6112-519-64.90 (Other Machinery/Equipment).
Bid award to Florida Network Tours, Inc. in the total amount of $50,710.00 for
bus rental and driver service. Funding is available from 001-4106-572-44.90
(Summer Camp), 001-4121-572-44.90 (Special Events), 001-4105-572-44.90
(Afterschool Program), 115-4912-572-55.30 (Rocks Football Away Games), and
001-4121-572-55.30 (Rocks Football Home Games).
Bid award to Oceanside Beach Service in the amount of $3,916.00 per month
for beach cabana service.
09-17-2002
9. REGULAR AGENDA:
WAIVER REQUEST TO REDUCE OPEN SPACE
REQUIREMENT/DUVALL PLACE: Consider a request to waive LDR Section
4.4.13(F)(2) to reduce the required 10% open space to 8.1% open space for Duvall
Place, a proposed eight (8) unit townhouse/condominium project located on the west
side of S.E. 6~h Avenue, approximately 147 feet south of S.E. 1st Street. (Quasi-JudiciM
Hearing) (Approved, 5-0)
B. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS:
Consider approval of the recommended funding allocations for special events and
charitable organizations for FY 2003. (Approved, 5-0)
C. FLORIDA LEAGUE OF CITIES/CONSTITUTIONAL CHALLENGE
PARTICIPATION: Consider a request for the City of Delray Beach to participate in
a lawsuit to challenge the constitutionality of the Police Officers' Presumption (SB 108).
(Approved, 4-1; Commissioner Perlman dissenting)
SPECIAL EVENT/HOUDINI: Consider approval of special event request to allow
the Houdini Packing Crate Escape to be held on October 26, 2002 at 5:00 p.m.,
including a temporary use permit per LDR Section 2.3.6(H) for the use of Veterans
Park, and authorize staff support for security, EMS assistance, barricading, and signage;
contingent on the sponsor paying all City costs and the receipt of a hold harmless
agreement. (Approved, 5-0)
REQUEST TO REDUCE LIENS/EDWIN IVY: Consider a request to reduce
liens on a vacant lot acquired by Edwin Ivy located in the 300 Block of N.W. 5~h
Avenue. The liens currently total $4,489.03; Mr. Ivy is prepared to pay the remaining
lien of $2,792.99, which includes the City's out-of-pocket expenses. (Approved, 5-0)
REQUEST TO REDUCE LIENS/RAY MITCHELL: Consider a request to
reduce liens on a vacant lot acquired by Ray Mitchell located on S.E. 6~h Street. The
liens currently total $1,329.11; Mr. Mitchell is prepared to pay the remaining lien of
$752.43, which includes the City's out-of-pocket expenses. (DENIED, 5-0)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
acceptance of the actions and decisions made by the Land Development Boards for the period
September 2, 2002 through September 13, 2002. (Motion to appeal Item "I" on page 2 of report
and direction to Planning/Zoning Director to work out this issue; Approved, 5-0)
LOAN REPAYMENT REQUEST/EPOCH: Consider a request from Expanding
and Preserving Our Cultural Heritage, Inc. (EPOCH) regarding payment of the loan
balance due to the City. (Motion for City Attorney to draft a new 15 year agreement, zero
(0%) interest with first payment from EPOCH in the amount of $3,000 and $3,500/year for
remaining 14 years; Approved, 5-0)
CITY ATTORNEY EVALUATION. (Approved for five percent (5%) increase, 5-0)
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j. CITY MANAGER EVALUATION. (Approved for five percent (5%) increase, 5-0)
10.
PUBLIC HEARINGS:
ORDINANCE NO. 41-02: An ordinance rezoning from RM (Multiple Family
Residential - Medium Density) to CF (Community Facilities) a parcel of land located
on the east side of Gleason Street, approximately 450 feet south of East Atlantic
Avenue (39 Gleason Street); associated with the First Presbyterian Church of Delray
Beach. (Quasi-JudicialHeadng) (Approved, 5-0)
RESOLUTION NO. 75-02 (MILLAGE LEVY): A resolution levying a tax on all
properties within the City of Delray Beach for operation and maintenance, and for
payment of principal and interest on bonded indebtedness for FY 2003. (Approved, 5-
0)
RESOLUTION NO. 76-02 (MILLAGE LEVY/DDA): A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2003. (Approved, 5-0)
RESOLUTION NO. 77-02 (FY 2003 BUDGET ADOPTION): A resolution
making appropriations of sums of money for all necessary expenditures of the City of
Delray Beach for the period October 1, 2002 thorough September 30, 2003.
(Approved, 5-0)
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept
the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan and FY 2003 Capital Improvement Budget are consistent with
the Comprehensive Plan, and approve same. (Approved, 5-0)
ORDINANCE NO. 38-02: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rates by 1.6% for FY 2003. (Approved, 4-0; Mayor Schmidt
left dais)
ORDINANCE NO. 39-02: An ordinance amending Chapter 52, "Water" of the
City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for
increased residential, nonresidential, and irrigation rates for FY 2003. (Approved, 5-0)
ORDINANCE NO. 40-02: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by amending Section 53.130, "User Charges;
Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased
residential and nonresidential/commercial rates for FY 2003. (Approved, 5-0)
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ORDINANCE NO. 43-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by
enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement
incentive program for eligible employees. (Approved, 5-0)
ORDINANCE NO. 44-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 4.4.21(H) and
Section 4.3.4(K) "Development Matrix" relating to the open space requirements for
properties zoned CF (Community Facilities) located within the West Atlantic Avenue
Redevelopment Area. If passed, a second public hearing will be scheduled for October
1, 2002. (Approved, 5-0)
ORDINANCE NO. 45-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 4.3.2 "Prohibited
Uses" and Section 4.3.3(DD) to provide for the prohibition of the sale of drug
paraphernalia and the operation of drug paraphernalia businesses. If passed, a second
public hearing will be scheduled for October 1, 2002. (Approved, 4-0; Commissioner
Levinson left dais)
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:
POSTED:
ORDINANCE NO. 46-02: An ordinance amending Chapter 33, "Police and Fire
Departments" Sections 33.20 - 33.67, of the City Code of Ordinances to change the
term "Fire Department" to "Fire-Rescue" Department to accurately reflect work
performed. If passed, a public hearing will be scheduled for October 1, 2002.
(Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
SEPTEMBER 13, 2002
09-17-2002