01-07-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, January 7, 2003
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.
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.
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 (voice), 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. (Mayor noted the addition of Item 9.H, Proposal for Settlement/Munroe
v. City of Delray Beach, to Regular Agenda by addendum; Consent Agenda Item 8.L.5, Purchase award
to McCotter Ford, was pulled due to a request from staff; Approved as amended, 5-0)
APPROVAL OF MINUTES:
December 3, 2002 - Regular Meeting (Approved, 5-0)
December 10, 2002 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
Martin Luther King, Jr. Day-January 20, 2003
Recognizing and Commending the Delray Rocks Football & Cheerleading Squads
Recognizing and Commending Maurice "Moose" Warnock
PRESENTATIONS:
2002 City Golf Championship Awards - Sandra Eriksson, Director of Golf
Delray Beach Racquet Club Condominium Association - Chuck Oliver
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
RESOLUTION NO. 1-03: Approve Resolution No. 1-03 assessing costs for the
demolition of an unsafe structure located at 1860 Marty Fladell Drive.
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RESOLUTION NO. 2-03: Approve Resolution No. 2-03 assessing costs for the
demolition of an unsafe structure located at 906 and 908 S.W. 10~h Street.
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RESOLUTION NO. 3-03: Approve Resolution No. 3-03 assessing costs for the
demolition of an unsafe structure located at 68 N.W. 18~h Avenue.
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GRANTING OF EASEMENT DEED/MARINA BAY: Approve an
ingress/egress easement granting to the Marina Bay - Marine Way Condominium
Association the right to use a 5' by 22' sliver of City owned property for pedestrian and
vehicular ingress and egress of the town homes located adjacent to the Marine Way.
E. ACCEPTANCE OF EASEMENT DEED/SPANISH RIVER RESORT AND
BEACH CLUB: Approve and accept an easement deed allowing the City to
construct/maintain a water line for general use and fire hydrants along East Atlantic
Avenue.
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01-07-2003
CHANGE ORDER NO. 4/FINAL PAYMENT/SUBAQUEOUS SERVICES,
INC.: Approve Change Order No. 4 in the amount of $38,259.00, and final payment
in the amount of $41,356.59 to Subaqueous Services, Inc. for the Tropic Isles Canal
Dredging Project. Funding is available from 448-5461-538-63.90 (Storm Water Utility
Fund/Other Improvements) and 448-5461-538-65.54 (Tropic Isles Dredging).
CHANGE ORDER NO. 1/FINAL PAYMENT/ASTALDI CONSTRUCTION
CORPORATION: Approve Change Order No. 1 in the amount of a $104,591.50
decrease, and final payment in the amount of $52,633.80 to Astaldi Construction
Corporation for the SW Area Improvements Phase lll Project. Funding is available
from 442-5178-536-65.59 (Water/Sewer Renewal & Replacement Fund/SW Area lll)
and 448-5470-538-65.59 (Storm Water Utility Fund/SW Area lll).
REQUEST FOR IN-LIEU PARKING SPACE/NANNY'S ATTIC: Approve a
request by Nanny's Attic for the purchase of one/1/in-lieu parking space in the amount
of $6,000.00. Nanny's Attic is located at 124 North Swinton Avenue.
REQUEST/ATLANTIC BAR & GRILL: Approve a request from Atlantic Bar &
Grill (32 East) for the elimination of two (2) customer pick-up spaces located on S.E. 1st
Avenue.
SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $18,800.00 to allow the applicant to secure new
financing.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 9, 2002 through January 3, 2003.
AWARD OF BIDS AND CONTRACTS:
Contract award to Johnson-Davis, Inc. in the amount of $46,100.00 for the
Breezy Ridge Utilities Demolition Project. Funding is available from 442-5178-
536-63.50 (Water/Sewer Renewal & Replacement Fund).
Contract award to Thomas B. Cushing Demolition in the amount of $22,700.00
for the removal of structure, parking lot, and concrete footers; cleaning lot of all
debris and rough grading property known as the Ice House, 335 North
Congress Avenue. Funding is available from 448-5470-538-65.47 (NW 18m
Avenue/Marty Fladell).
Contract renewal with Commercial Chemical for the purchase of bulk Sodium
Hypochlorite at an estimated annual cost of $22,000.00. Funding is available
from 441-5123-536-52.21 for $17,600 and 441-5122-536-52.21 for $4,400
(Water/Sewer Fund/Chemicals).
01-07-2003
Purchase award to Maroone Chevrolet in the amount of $19,170.00 via the
Florida Sheriffs Association and Florida Association of Counties Bid #02-10-
0826 for the purchase of a 2003 Chevrolet Blazer for the Environmental
Services DeparUnent's GIS/Hansen Data Acquisition Program. Funding is
available from 441-5123-536-64.20 (Automotive).
Purchase award to McCotter Ford in the amount of $30,948.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid #02-10-0826 for
the purchase of a 2003 Ford Excursion for the Police DeparUnent. Funding is
available from 501-3312-591-64.20 (Central Garage Fund/Automotive).
(PULLED)
Purchase award to Medtec in the amount of $343,000.00 via the Florida Sheriffs
Association state-wide bid package for two (2) Rescue Units for the Delray
Beach Fire DeparUnent. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
REGULAR AGENDA:
REQUEST TO REDUCE LIENS/NICHOLAS ARSALI: Consider a request to
reduce liens on property acquired by Mr. Nicholas Arsali located at 415 N.W. 2'~ Street.
The liens currently total $8,848.05; Mr. Arsali is prepared to pay the remaining lien of
$4,232.64, which includes the City's out-of-pocket expenses. Staff recommends denial.
(Motion set to waive interest fees in the amount of $3,064.44 with applicant to pay remaining
balance, Approved, 5-0)
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INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City of Delray Beach and
the Community Redevelopment Agency (CRA) for the financial contribution regarding
the relocation of transmission lines on S.E. and N.E. 2'~ Avenue from S.E. 1st Street to
N.E. 2'~ Street to an area just east of the FEC railroad tracks. (Approved, 5-0)
PAYMENT/FLORIDA POWER & LIGHT: Approve the issuance of a check
to Florida Power & Light (FPL) in the amount of $44,156.50 for the completion of
the Pineapple Grove Way Power Line Relocation Project. Funding is available
from 119-4151-572-63.90 (Pineapple Grove FPL Poles). (Approved, 5-0)
C. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE MUNICIPAL
ELECTION: Consider authorizing the Palm Beach County Supervisor of Elections to
handle and canvass the City's absentee and provisional ballots for the March 11, 2003
Municipal Election, and represent the City at the requisite Logic and Accuracy tests.
(Approved, 5-0)
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D. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
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three (3) regular members to the Code Enforcement Board for a three (3) year term
ending January 14, 2006, and two (2) alternate members to fulfill unexpired terms
ending January 14, 2004 and January 14, 2005. Based upon the rotation system, the
regular appoinunents will be made by Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), and Mayor Schmidt (Seat #5). The alternate appointments will be
made by Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2).
(Appointed Mitchell Leideman as Regular Member and approved, 5-0; appointed Anthony
Veltri as Regular Member and approved, 5-0; appointed Andrew Youngross as Regular Member
and approved, 5-0; appointed David Hawke as Alternate Member and approved, 5-0; appointed
Robert Marks as Alternate Member and approved, 5-0).
APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
the following members to the Nuisance Abatement Board; three (3) regular members
with terms ending March 31, 2005 and one (1) regular member to fill an unexpired term
ending March 31, 2004. Based upon the rotation system, the appointments will be
made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). (Appointed Robert
Gillespie and approved, 5-0; appointed John Miller, Jr. and approved, 5-0; appointed Jose
Ramirez and approved, 5-0; appointed Donna Russo and approved, 5-0))
APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
10.
BOARD: Appoint two (2) C#i~en at La~e representatives to the Parking Management
Advisory Board for two (2) year terms ending January 31, 2005. Based upon the
rotation system, the appointments will be made by Commissioner Perlman (Seat #1)
and Commissioner Archer (Seat #2). (Appointed Bernard Dahlem and approved, 5-0;
appointed Melvin Sacharow and approved, 5-0)
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APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
a/ter~ate member to the Board of Adjustment for an unexpired term ending August 31,
2003. Based upon the rotation system, the appointment will be made by Commissioner
McCarthy (Seat #4). (Appointed Woodrow Lockett and approved, 5-0)
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PROPOSAL FOR SETTLEMENT/MUNROE v. CITY OF DELRAY BEACH:
Consider a Proposal for Settlement in the amount of $75,000.00 in Munroe v. City of
Delray Beach. Staff recommendation is denial. (DENIED, 5-0)
PUBLIC HEARINGS:
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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 at the Catherine Strong
Center. (Approved, 5-0)
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. (Motion was
set to approve Ordinance No. 59-02; DENIED, 5-0)
01-07-2003
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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. (Approved, 5-0)
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.
(Approved, 5-0)
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. (Approved, 5-
0)
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. (Approved, 5-0)
ORDINANCE NO. 53-02: An ordinance modifying Ordinance No. 4-99 by
amending subsection 4.6.9(E), "Location of Parking Spaces" of the Land Development
Regulations to extend the In-Lieu of Parking Fee regulations. (Approved, 5-0)
ORDINANCE NO. 54-02: An ordinance revising Ordinance No. 51-02 to clarify
that Lot 3 of Block 2 and Lot 3 of Block 3 of the Silver Terrace Subdivision are
included in Ordinance No. 51-02. (Approved, 5-0)
ORDINANCE NO. 55-02: An ordinance amending Chapter 111, "Advertising" of
the City Code of Ordinances by enacting a new Section 111.18, "Distributing
Commercial and Non-Commercial Handbills in Public Places". (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: NONE
01-07-2003
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
~~ Meeting ad/ourned at S:OOp.r~. ~~
POSTED: JANUARY 3, 2003
01-07-2003