12-10-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, December 10,
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.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted the addition of Item 9.H, Resolution No. 97-02, to Regular
Agenda by addendum; revision to Item 8.1, Ratification of Amendment, on the Consent Agenda;
revisions to Item 9.C, Tripartite Agreement, and Item 9.E, Funding Agreement/Business Recruitment,
on the Regular Agenda; City Attorney requested that Item 10.A, Restated Lease Agreement/Boys &
Girls Club, be postponed to a date certain of January 7, 2003; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· NONE
PROCLAMATIONS:
· NONE
PRESENTATIONS:
A. Fire-Rescue Dive Team Recognitions
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
FINAL SUBDIVISION PLAT APPROVAL/PINEAPPLE GROVE VILLAGE:
Approve the subdivision plat for Pineapple Grove Village, located on the east and west
side of N.E. 3~ Avenue, between N.E. 2'~ Street and N.E. 3~ Street.
B. DELRAY LAKES HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
Delray Lakes Homeowners' Association allowing the Delray Beach Police Department
to enforce local and state traffic laws on its property.
SERVICE AREA BOUNDARY AGREEMENT/PALM BEACH COUNTY:
Approve an agreement between the City and Palm Beach County establishing the utility
service area boundary for potable water, reclaimed water, and wastewater utility service.
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
SAN SEBASTIAN: Authorize the City to act as the utility permit applicant for the
installation/construction of a water main extension within the state right-of-way at the
southeast corner of N.E. 1st Street and northbound Federal Highway and approve a
Hold Harmless Agreement with the developer (Centex Homes, Inc.).
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DESIGNATION OF AUTHORITY/HOLD HARMLESS AGREEMENTS:
Approve a request to allow the City Manager to approve, enter into, and execute
standard hold harmless agreements on behalf of the City for work to be performed
within the public right-of-way.
SPECIAL EVENT REQUEST/FOTOFUSION 2003: Approve a special event
request by Palm Beach Photographic Center for Fotofusion 2003 to be held January 21
through January 25, 2003; including a waiver of rental fees for use of City facilities,
waiving costs associated with constructing/installing event signs and banners
(approximate cost $250.00), and staff assistance with constructing/installing signs and
banners.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for January 23, 2003 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.
MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES:
Approve an agreement between the City of Delray Beach and the City of Miami for the
reimbursement of salaries of firefighters of participating agencies in the Urban Search
and Rescue Response Task Force from the Federal Emergency Management Agency
(FEMA).
RATIFICATION OF AMENDMENT: Accept and ratify the extension to the
Contract for Sale and Purchase between the Block 77 Development Group, L.L.C. and
the Community Redevelopment Agency (CRA).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 2, 2002 through December 6, 2002.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Eimco Process Equipment Company in the amount of
$60,000.00 for labor and equipment for the rehabilitation of the mechanical
components of Clarifier No. 3 at the Water Treatment Plant. Funding is
available from 442-5178-536-64.90 (Other Machinery/Equipment).
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REGULAR AGENDA:
A. APPEAL OF PLANNING AND ZONING BOARD DECISION/SABAL
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LAKES: Consider an appeal of a decision of the Planning and Zoning Board's action
regarding the Master Development Plan Modification associated with the Sabal Lakes
Phase IV Development. (Quasi-Judicial Hearing) (Motion was made to approve the
appeal; Appeal FAILED, 4-1. Therefore, the decision of the Planning and Zoning Board was
upheld.)
ITEM REMOVED
TRIPARTITE AGREEMENT: Consider approval of a tripartite agreement between
City of Delray Beach, Community Redevelopment Agency (CRA), and Delray Crate and
Freight, Inc. for the retail post office in Pineapple Grove. The City and the Community
Redevelopment Agency will each contribute $8,972.00. (Motion to approve the Tripartite
Agreement with additional language in paragraph 3C acknowledging that the City's contribution
in the amount of $8,972.00 is a one time payment only; Approved, 3-2; Commissioner Perlman
and Commissioner McCarthy dissenting)
DESIGNATION OF AUTHORITY/LICENSE AGREEMENTS: Consider
approval of a request to allow the City Manager to approve, enter into, and execute
standard license agreements on behalf of the City for certain events to be held at the
Tennis Center. (Motion to approve Designation of Authority allowing the City Manager to
approve license agreements up to his normal authority level of $15,000 and in extraordinary
circumstances with Designation of Authority to be reviewed by City Commission each year;
Approved, 5-0)
FUNDING AGREEMENT/BUSINESS RECRUITMENT: Consider approval
of an agreement between the City of Delray Beach, Community Redevelopment Agency
(CRA), and the Greater Delray Beach Chamber of Commerce for funding for a
Executive Director of Business Recruitment position commencing January 1, 2003 for a
two year period subject to budget. (Motion to approve funding agreement with language as
suggested by the City Attorney; Approved, 5-0)
POLICIES AND PROCEDURES/SPECIAL EVENTS: Consider approval of the
policies and procedures for special events in the City of Delray Beach with an effective
date of July 1, 2003. (Approved, 5-0)
REQUEST TO CHANGE BOARD LIAISON ASSIGNMENT: Consider a
request to change the City Commission Board Liaison assignment regarding the
Community Redevelopment Agency. (First Motion was to approve Commissioner
McCarthy as primary member (liaison) to the Community Redevelopment Agency Board until
the Annual Organizational Meeting; Approved, 5-0. Second Motion was to approve
Commissioner Archer as alternate member (liaison) to the Community Redevelopment Agency
Board until the Annual Organizational Meeting; Approved, 5-0)
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10.
11.
12.
RESOLUTION NO. 97-02: Consider approval of Resolution No. 97-02 authorizing
the initiation of conflict resolution procedures between the City of Delray Beach and
the Lake Worth Drainage District regarding the L-30 Canal. (Motion to TABLE
resolution; Approved, 5-0)
PUBLIC HEARINGS:
RESTATED LEASE AGREEMENT/BOYS & GIRLS CLUB: Consider approval
of a restated lease agreement between the City of Delray Beach and the Boys & Girls
Club of Palm Beach County for property in Lease Area Four. (Motion to
POSTPONE to a date certain of January 7, 2003; 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. 60-02: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National American Fee Schedule. If passed, a public hearing will
be scheduled for January 7, 2003. (Approved, 3-0; Mayor Schmidt and Commissioner
Archer left dais)
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ORDINANCE NO. 59-02: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the City Code of Ordinances to provide
credit for police/firefighters with previous service as a general employee. If passed, a
public hearing will be scheduled for January 7, 2003. (Approved, 5-0; Mayor Schmidt and
Commissioner Archer returned to dais)
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ORDINANCE NO. 58-02: An ordinance amending Chapter 33, "Police and Fire
Departments", subheading "Pensions", of the City Code of Ordinances to allow police
officers/firefighters credit for prior service as a police officer/firefighter with another
employer. If passed, a public hearing will be scheduled for January 7, 2003. (Approved,
5-0)
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ORDINANCE NO. 56-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
provide for the purchase of prior government service under the general pension plan.
If passed, a public hearing will be scheduled for January 7, 2003. (Approved, 5-0)
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13.
ORDINANCE NO. 5'/-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to allow
previously excluded employees to participate in the general pension plan. If passed, a
public hearing will be scheduled for January 7, 2003. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
******* Meeting adjourned at S:4J p.m. ******
POSTED: DECEMBER 6, 2002
12-10-2002