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11-19-02 ResultsCity of Delray Beach Regular Commission Meeting ***AGIZNDA RESULTS*** Tuesday, November 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. 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. ROLL CALL. (Commissioner Archer absent) INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. (Mayor noted the addition of Item 7.E, City of Delray Beach Residents Academy Certificates, to Presentations; Additional backup for Item 9.A, Appeal of Historic Preservation Board Decision; Request for removal of Item 9.E, Resolution No. 94-02 and a request to pull Item 8.K, Amendment No. 1/BAICA Enterprises of Florida, L.L.C. License Agreement. Commissioner Perlman requested item 8.1, Request for Proposal/Swinton Gardens, be moved to the regular agenda as item 9.A.A; Approved as amended, 4-0) APPROVAL OF MINUTES: November 5, 2002 - Regular Meeting (Approved as amended, 4-0) PROCLAMATIONS: · NONE PRESENTATIONS: C. D. E. Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting Boca Raton Airport Authority - Ken Day Elder Ready Task Force - Officer Skip Brown Jefferson Manor Homeowner's Association - Delores Penn City of Delray Beach Residents' Academy Certificates CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0) FINAL SUBDIVISION PLAT APPROVAL/PINE VIEW ESTATES: Approve the subdivision plat for Pine View Estates, located north of N.W. ffh Street, between N.W. 1st and N.W. 2~d Avenues. RESOLUTION NO. 93-02: Approve Resolution No. 93-02 assessing costs for action necessary to abate nuisances on twelve (12) properties throughout the City. C. ACCEPTANCE OF EASEMENT DEED/FOUNTAINS OF DELRAY BEACH, L.L.C.: Approve and accept an easement deed granting to the City the means to install/maintain water and sanitary sewer lines to the Fountains of Delray Beach, a new retail development, located at the southwest corner of Military Trail and the L-33 Canal. -2- 11-19-2002 Do Eo Fo Go FLORIDA DEPARTMENT OF STATE/CONSTRUCTION GRANT AGREEMENT: Approve an agreement between the City of Delray Beach and the Florida Department of State, Division of Library and Information Services, for the Delray Beach Public Library. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with seven (7) sub-recipients (Alpha Time Children's Center, Community Child Care Center, Community Neighborhood Helping, Fair Housing Center of Greater Palm Beaches, Village Foundation, Palm Beach County Resource Center, and Urban League of Palm Beach County) under the Community Development Block Grant (CDBG) program for FY 2002-2003, with the total funding in the amount of ~;114,650.00 from various accounts within the CDBG fund. AMENDED SUB-RECIPIENT FUNDING AGREEMENTS: Approve the amendments to the funding agreements with 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 to increase their reinvesUnent commitment to fg37,500.00 each. SERVICE AUTHORIZATION NO. 16/MATHEWS CONSULTING, INC.: Ho Jo Approve Service Authorization No. 16 to Mathews Consulting, Inc. for the preparation of a City-wide Reclaimed Water Master Plan and design/permitting of engineering plans for construction of reclaimed water mains in conjunction with Golf Course greens reconstruction and irrigation rehabilitation project. Funding is available from 441-5181- 536-31.90 (Other Professional Services). AGREEMENT/PLAYER'S INTERNATIONAL MANAGEMENT: Approve an agreement between the City of Delray Beach and Player's International Management, Inc. (PIM) in the amount of ~g20,000 per year for a term of five (5) years for the USTA 12's Super National Spring Championships. AMENDMENT NO. 6/MATCH POINT, INC. AGREEMENT: Approve Amendment No. 6 to the agreement between City of Delray Beach and Match Point, Inc. providing a waiver of exclusivity for office space to the extent to allow Player's International Management, Inc. use of the office during the five (5) year term of the agreement. FIREARMS TRAINING AGREEMENT/CITY OF CORAL SPRINGS: Approve an agreement between the City of Delray Beach and the City of Coral Springs allowing firearms training for the Police Department at the Coral Springs Training Facility in an amount not to exceed $1,000.00 per year. Funding is available from 001- 2115-521-54.30 (Training/Educational Costs). AMENDMENT NO. 1/BAKA ENTERPRISES OF FLORIDA, L.L.C. LICENSE AGREEMENT: Approve Amendment No. 1 to the license agreement with BAI~ Enterprises, Inc. setting December 8, 2002 as a "Rain" date for the boxing event to be held at the Tennis Center Stadium on December 7, 2002. (PULLED) 11-19-2002 DOWNTOWN DEVELOPMENT AUTHORITY (DDA)/CODIFICATION: Authorize the City of Delray Beach City Attorney's office to codify the Special Acts of the Downtown Development Authority (DDA) per Florida Statute Section 189.429. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 10. Accept the actions and decisions made by the Land Development Board for the period November 4, 2002 through November 15, 2002. M. AWARD OF BIDS AND CONTRACTS: NONE 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) (Motion was set to DENY, 2-2); Appeal failed due to "split vote") A.A. REQUEST FOR PROPOSAL (RFP)/SWINTON GARDENS: Approve the RFP Review Team's recommendation of Randolph and Dewdney Construction, Inc. for the construction of eleven (11) single family homes to be located in Swinton Gardens. (Approved, 4-0) REQUEST TO REDUCE LOT AREA/LOT FRONTAGE WIDTH/S.E. O'NEAL PLAT: Consider a request to reduce the total lot area and lot frontage width requirements in conjunction with the proposed plat for an extant historic property known as S.E. O'Neal Plat, located on the west side of N.E. 2~d Avenue, between N.E. ffh Street and N.E. lffh Street. (Quasi-JudiciM Hearing) (Approved with direction to Staff, Historic Preservation Board, and Horticulturist to maintain mature trees with redevelopment, 4-0) 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. (TABLED, 4-0) APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to fill an unexpired term ending July 31, 2004. Based on the rotation system, the appoinunent will be made by Commissioner Perlman (Seat #1). (Appointed Diane Allerdyce and approved, 4-0) RESOLUTION NO. 94-02: Consider approval of Resolution No. 94-02 authorizing the acquisition of property by eminent domain for parking purposes. (REMOVED until a date certain of December 10, 2002) PUBLIC HEARINGS: A. NONE -4- 11-19-2002 11. FROM THE 12. 13. POSTED: COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments ~nd 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 NOVEMBER 15, 2002 11-19-2002