11-05-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, November 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.
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, 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.
2.
3.
4.
5.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Approved, 5-0)
APPROVAL OF MINUTES:
October 15, 2002 - Regular Meeting (Approved, 5-0)
October 28, 2002 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
Commending Detective John Young - Delray Beach Police DeparUnent
Commending MAD DADS Street Patrol
Harbour's Edge - Gold Seal Award
Beth Daniel Day - November 18, 2002
PRESENTATIONS:
Recognizing and welcoming our Student Exchange Delegation from our Sister City,
Miyazu, Japan
Old School Square -Joe Gillie
Economic Impact/Bad Boys II Filming - Chuck Elderd, Palm Beach County Film
Commission
La Paloma Homeowners' Association - Janie Ramirez
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treaunent and Disposal Board at
their Quarter Annual Meeting of October 17, 2002.
FINAL SUBDIVISION PLAT APPROVAL/THE LEGACY: Approve the
subdivision plat for the Legacy at Sherwood Forest, located on the south side of
Atlantic Avenue; on the east and west side of Sherwood Forest Drive.
FINAL SUBDIVISION PLAT APPROVAL/SWINTON GARDENS: Approve
the subdivision plat for Swinton Gardens, located on the northwest corner of S.W. lffh
Street and Swinton Avenue.
-2-
11-05-2002
FINAL SUBDIVISION PLAT APPROVAL/OCEAN BREEZES: Approve the
subdivision plat for Ocean Breezes, located on the east side of A-1-A and north of
Linton Boulevard.
RESOLUTION NO. 86-02: Approve Resolution No. 86-02 abandoning right-of-way
for the 60 feet wide north extension of N.W. 23~d Avenue (originally platted as S.W. 23~d
Avenue), lying north of West Atlantic Avenue, approximately 120 feet west of the
LWDD E-4 Canal within the Replat of Breezy Ridge Estates Subdivision.
RESOLUTION NO. 87-02/ABANDONMENT AND ACCEPTANCE OF
UTILITY EASEMENTS: Approve Resolution No. 87-02 abandoning a portion of a
6 foot wide utility easement, lying within Lot 8, and Lot 35, Block 2 of Southridge and
acceptance of a 10 foot wide utility easement, located along the west side of Lot 35, the
front of Lots 35 through 40, and the east side of Lot 40, Block 2 of Southridge.
RESOLUTION NO. 89-02: Approve Resolution No. 89-02 supporting the Florida
Department of Transportation and its affiliated regional transportation agencies
(RTO/RTA) to recommend strategic investment in the FEC Corridor area to expand
local and regional passenger service to meet the growing transit needs and compliment
freight industry growth in the Southeast Florida area.
ACCEPTANCE OF A RIGHT-OF-WAY DEED/VINTAGE ROSE: Approve
and accept a 5 foot right-of-way deed for the west side of N.E. 1st Avenue associated
with the Vintage Rose, located at the northwest corner of N.E. 1st Avenue and N.E. 1~
Street across from Old School Square.
ACCEPTANCE OF A RIGHT-OF-WAY DEED/RUB-A-DUB CAR WASH:
Approve and accept a right-of-way deed associated with Rub-A-Dub Car Wash, located
at the southwest corner of S.E. 5~h Avenue and S.E. Th Street.
SERVICE AUTHORIZATION NO. 15/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 15 to Mathews Consulting, Inc. in the amount of
$23,157.00 for consulting services for the rehabilitation of Lift Stations #19, #57, and
#80. Funding is available from 442-5178-536-61.83 (Lift Station
Conversion/Submersible).
SERVICE AUTHORIZATION NO. 9/CH2M HILL, INC.: Approve Service
Authorization No. 9 in the amount of $27,970.00 to CH2M HILL, Inc. for professional
services for consumptive water use permitting and ground water modeling. Funding is
available from 442-5178-536-31.30 (Engineering/Architectural).
PURCHASE OF NETDELIVERY SOFTWARE: Approve the purchase of the
NETdelivery software in the amount of $49,750.00 for the Delray Beach Police
Department for preparation and electronic transmission of police reports. Funding is
available from 115-2112-521-66.10 (Software).
11-05-2002
M. RATIFICATION OF THE MEMORANDUM OF
UNDERSTANDING/PROFESSIONAL FIREFIGHTERS AND
No
PARAMEDICS, LOCAL 1842 IAFF: Approve and ratify the Memorandum of
Understanding with the Professional Firefighters and Paramedics of Delray Beach,
Local 1842 IAFF, Collective Bargaining Agreement.
RATIFICATION OF THE MEMORANDUM OF
UNDERSTANDING/NATIONAL CONFERENCE OF FIREMEN &
Oo
OILERS (NCF&O), LOCAL 1227: Approve and ratify the Memorandum of
Understanding with the National Conference of Firemen and Oilers (NCF&O), Local
1227, Collective Bargaining Agreement.
RATIFICATION OF THE MEMORANDUM OF
UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Approve and
Po
Qo
Ro
So
ratify the Memorandum of Understanding with the Police Benevolent Association
Collective Bargaining Agreement.
PROJECT AGREEMENT/F.I.N.D: Approve an agreement between the City of
Delray Beach and the Florida Inland Navigational District (FIND) for the construction
of two (2) seawall parks at the intersection of the Intracoastal Waterway with S.E. 3~
Street and N.E. 4~h Street, featuring a 50' seawall, signage, bench and garbage can along
with informal, non-boat access to the Intracoastal Waterway.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for December 12, 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.
MOTION TO STAY/ORDINANCE NO. 13-02(A): Approve continuance of the
Motion to Stay request regarding the second reading of Ordinance No. 13-02(A).
RATIFICATION OF APPOINTMENT OF VICE-CHAIR OF THE
COMMUNITY REDEVELOPMENT AGENCY BOARD: Ratify the
To
appointment of Kevin McCarty as Vice-Chair of the Community Redevelopment
Agency Board.
CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement
between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert
Pro-Celebrity Tennis Classic to be held at the Tennis Center on November 22-24, 2002.
-4-
11-05-2002
Uo
Mo
Wo
Xo
Zo
SERVICE AUTHORIZATION NO. 5/LAWSON, NOBLE & WEBB, INC.:
Approve Service Authorization No. 5 to Lawson, Noble & Webb, Inc. in the amount of
$74,632.59 for design and construction documents for sidewalks. Funding is available
from 334-3162-541-65.61 (Downtown Pedestrian Network).
TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP,
INC.: Approve a consulting agreement with JCD Sports Group, Inc. in the amount of
$18,000.00 for the period of December 1, 2002 through November 30, 2003. Funding
is available from 001-4210-575-34.90 (Tennis Center Special Events/Other Contractual
Services).
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements with two (2) subrecipients (The Center for Technology,
Enterprise and Development, Inc. and the Delray Beach Community Development
Corporation, Inc.) under the Community Development Block Grant (CDBG) program
for FY 2002, with the total funding in the amount of $75,000.00 from the City's CDBG
fund.
LETTER OF COMMITMENT/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Approve a request from the Florida DeparUnent of
Transportation (FDOT) for a letter of commitment from the City of Delray Beach for
landscape maintenance of plant materials along A-l-A, between Linton Boulevard and
George Bush Boulevard.
DONATION/COMMUNITY NEIGHBORHOOD HELPING, INC.:
Approve the donation of the used Police Department DARE van to Community
Neighborhood Helping, Inc.
CANCELLATION OF CONTRACT/LOXAHATCHEE TRACTOR
SERVICE, INC.: Approve cancellation of contract with Loxahatchee Tractor Service,
Inc. for lot clearing and mowing for Code Enforcement and authorize staff to re-bid
contract.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
BB.
Accept the actions and decisions made by the Land Development Boards for the period
October 14, 2002 through November 1, 2002.
AWARD OF BIDS AND CONTRACTS:
o
Purchase award to DGG Taser Company in the amount of $19,369.00 for the
purchase of twenty (20) additional M-26 Advanced Air Tasers for the Police
Department. Funding is available from 115-2112-521-49.90 (Federal Asset
Forfeiture Account).
Purchase award to Caswell Detroit Armor in the amount of $30,950.00 for the
purchase of a new range targeting computer system for the Police Department.
Funding is available from 115-2112-521-64.90 (Federal Asset Forfeiture
Account).
11-05-2002
Contract award to U.S. Filter Distribution Group in the amount of $38,569.22
for the purchase of required materials to connect the new force main to the
existing system. Funding is available from 441-5181-536-63.74 (Water/Sewer
Fund/Intracoastal Sewer Crossing).
Purchase award to Monroe Infrared Technology in the amount of $21,495.00
for the purchase of a Thermal Imaging camera. Funding is available from 441-
5143-536-64.90 (Other Machinery/Equipment).
Purchase award to Maroone Dodge in the amount of $15,862.00 via the Florida
Sheriff's Association and Florida Association of Counties Bid #4 for the
purchase of a 2003 Dodge Intrepid police vehicle. Funding is available from
501-3312-591-64.20 (Vehicle Replacement Fund).
REGULAR AGENDA:
A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of a decision of the Historic Preservation Board's action regarding the existing
accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House).
(Quasi-JudiciM Hearing)- Request for postponement received (POSTPONED to
a date certain of November 19, 2002; Approved, 5-0)
DELRAY BEACH LIBRARY/INTERLOCAL AGREEMENT: Consider
approval of an interlocal agreement between City of Delray Beach, Community
Redevelopment Agency (CRA), Delray Beach Public Library Association, Inc. and Palm
Beach County for shared parking regarding the relocation of the library. (Approved, 5-0)
REQUEST FOR FUNDING/PERFECT RESULTS, INC.: Consider a request
from Perfect Results, Inc. for financial support in the amount of $10,000.00 for the C.
Spencer Pompey Tribute Video. (Motion to delay until November 19, 2002; Approved, 5-0)
CONDITIONAL USE REQUEST/GULFSTREAM BUSINESS BANK:
Consider a request for conditional use approval to allow the establishment of a bank
with a drive-through facility for Gulfstream Business Bank at Atlantic Plaza, located at
the northeast corner of east Atlantic Avenue and N.E. 7m Avenue. (Quasi-Judicial
Hearing) (Approved subject to conditions, 5-0)
CONDITIONAL USE REQUEST/SAZERAC BISTRO & MARTINI BAR:
Consider a request for conditional use approval to allow the establishment of a late
night business located within 300 feet of residentially-zoned property for Sazerac Bistro
& Martini Bar at Lake Ida Plaza, located at the southwest corner of Lake Ida Road and
Congress Avenue. (Quasi-Judicial Hearing) (Approved subject to conditions, 5-0)
WAIVER REQUEST TO REDUCE PAVEMENT WIDTH/THE LEGACY:
Consider a request to waive LDR Section 6.1.2 (C) to reduce the pavement width from
24 feet to 22 feet for the residential streets located within the Legacy at Sherwood
Forest Development, located at the southeast and southwest corners of West Atlantic
Avenue and Sherwood Forest Drive. (Quasi-Judicial Hearing) (Approved, 5-0)
11-05-2002
Go
Ho
Jo
REQUEST FOR IN-LIEU PARKING SPACES/DOWNTOWN LOFTS:
Consider a request by Downtown Lofts for the purchase of three (3) in-lieu parking
spaces in the amount of $36,000.00. Downtown Lofts is located on the east side of S.E.
4~h Avenue, between S.]~. 1st Street and S.]~. 2'~d Street. (Approved, 5-0)
REQUEST TO REDUCE LIENS/ANDREW RICHARDS: Consider a request
from Mr. Andrew Richards to waive the interest and administrative fees in the amount
of $5,107.22 assessed for abating nuisances on property he acquired by purchasing Tax
Deeds. The property is located at 1410 N.W. 2'~ Street. Mr. Richards is prepared to
pay the remaining lien of $1,556.94. Staff recommends denial. (DENIED, 4-0;
Commissioner Perlman left dais)
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT/SOUTHRIDGE
VILLAGE CONDOMINIUM: Consider a request from Mr. Eli Behar to waive the
special assessment on Southridge Village Condominium. (DENIED, 5-0; Commissioner
Perlman returned to dais)
RESOLUTION NO. 88-02: Consider approval of Resolution No. 88-02 establishing
the Bicycle/Pedestrian Task Force consisting of seven (7) members with a sunset date
of May 31, 2003. The City Commission will appoint the membership at the November
19, 2002 meeting. (Approved, 5-0)
DECLARATION OF UNITY OF TITLE/DELRAY BEACH CLUB: Consider
Lo
No
Oo
approval of a request from Delray Beach Club regarding acceptance of an irrevocable
Declaration of Unity of Title, Restriction, and Covenant as a voluntary restriction on
density. (Approved, 5-0)
AMERICAN LA FRANCE/MEDICMASTER: Consider authorization to cancel
the remaining purchase orders for the MedicMaster contract for emergency care
vehicles due to defectiveness and file suit to recover monies spent in the amount of
$142,550.00. (Approved, 5-0)
PROPOSAL FOR SETTLEMENT/JOHNSON v. CITY: Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Johnson v.
City of Delray Beach case. Staff recommends acceptance. (Approved, 5-0)
REIMBURSEMENT/HEALTH INSURANCE: Consider a request to reimburse
City of Delray Beach employees not in bargaining units for the dependent health
insurance premium increase in an amount not to exceed $30,000.00 for the period
covering the first payroll in February 2002 to the last payroll in October 2002. Funding
is available from 551-1575-591-99.01 (Risk Management Project Reserve). (Approved, 5-
0)
CONTRACTED POSTAL UNIT/DOWNTOWN DELRAY BEACH: Consider
a request from Pineapple Grove Main Street, Inc. regarding a contracted postal unit in
Pineapple Grove that serves downtown Delray Beach. (Approved, 5-0)
11-05-2002
10. PUBLIC HEARINGS:
11.
12.
13.
14.
MASTER DEVELOPMENT PLAN: Consider selection of a developer for 54 acres
of City owned properties between Barwick Road and Military Trail. The City received
proposals from Centex Homes - Southeast Florida Division (Submittal A), Lennar
Communities of South Florida, Inc., Continental Homes of Florida, Inc., and
Westbrooke Companies, Inc. (Continental Homes of Florida, Inc.; Approved, 5-0)
RESOLUTION NO. 85-02: Consider approval of Resolution No. 85-02 authorizing
the City to purchase property lying within the LWDD L-33 Canal in an amount not to
exceed $30,000.00, and providing an easement on the south side of the LWDD L-33
Canal. (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:
A. NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of
Coral Trace Homeowners' Association, Inc. 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
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
11-05-2002
15.
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of
the City of Delray Beach vs. M & P Concrete.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff perlman
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Bill Doney, Esq., Counsel for the City
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
16. SETTLEMENT OF CITY OF DELRAY BEACH v. M&P CONCRETE: Consider
settlement of the referenced matter. (Approved, 5-0)
Meeting adjourned at 9:46p.m. ~~
POSTED: NOVEMBER 1, 2002
11-05-2002