05-15-01 ResultsCity of Delray Beach
Regular Commission Meeting
**** Agenda Results****
Tuesday, May 15, 2001
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 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetinas in the Commission Chambers.
2.
3.
4.
ROLL CALL.
INVOCATION.
(Dan Casselberr2/~ Cason United Methodist Church)
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
(Mj~j~roved 5-0. M~or noted the addition of 6C, Mmetican Little Lea£~e Proc&marion.
Items $C, SD and 12M ~cere moved to the Re£~&r~d£enda).
APPROVAL OF MINUTES:
Regular Meeting - April 3, 2001
Special Meeting - May 8, 2001
(Mpproved 5-0.)
PROCLAMATIONS:
Proclaim May 2001 as Civility Month
Historic Preservation Week- May 13~h through May 19, 2001
PRESENTATIONS:
Commissioner Ji'ang Song of the Florida Inland Navigation District for Palm Beach
County will make a presentation of a $70,000.00 check to the City for the purchase of
the Odabachian property.
B. Chamber of Commerce - Report on the Delray Affair
CONSENT AGENDA: (Consent Items mere ~i)roved, as amended, 5-0.)
RIGHT-OF-ENTRY AGREEMENTS/HARBOR DRIVE: Approve the Right-of-
Entry Agreements for 1221 & 1227 Harbor Drive to allow the City or its contractors to
enter onto the owners property and tie the driveways into the new road elevation.
WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR SALES
OFFICE AT SHERWOOD PONTIAC: Consider a request to allow a temporary
modular sales office facility at Sherwood Pontiac, located on the west side of South
Federal Highway, approximately 600 feet north of Fladell's Way.
C. ACCEPT A RIGHT-OF-WAY DEED & LANDSCAPE MAINTENANCE
AGREEMENT/ELIZABETH'S ON 7TM RESTAURANT: Consider acceptance of
a Right-of-Way Deed and Landscape Maintenance Agreement with Elizabeth's on Th
Restaurant, located at the southeast corner of East Atlantic Avenue and SE Th Avenue.
oved to Reg,/a ' gen& ,n /e 'item - MjCrove
CONSULTING SERVICE AGREEMENT/MARK BRIGGS & ASSOCIATES:
Approve &e Letter of A~eement for consulting se~ices be~een Mark Bri~s &
Associates and &e Ci~ for &e preparation of the Ci~'s Section 108 Loan Guarantee
application. The fee is $29,000 plus not-to-exceed out-of-pocket expenses of $3,000.
Fun&ng is ava~able from 118-1074-554-31.90 (Commu~ Development/Off, er Professional Sewices).
~omd to Reg~3r ~gen& ~,3r item ~ ~ - ~ppwmd, as amen3d, 5-0O
05-15-01
E. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy
for one (1) eligible applicant/family in the amount of $21,000.00, property located at
226 NW 4~h Avenue. This represents the 123~d applicant under the Delray Renaissance
Program. Funding is available from 118-1924-544-83.01 (SHIP Program).
APPOINTMENT OF OUTSIDE COUNSEL/DHARMA PROPERTIES, INC.
v. CITY OF DELRAY BEACH et al. AND BLOCK 77 DEVELOPMENT
GROUP v. DHARMA PROPERTIES, INC., et al.: Approve the appointment of
outside counsel in the referenced matter as recommended by the City Attorney.
G. CANCELLATION OF CONTRACT WITH USA CHARTER & AWARD
PRIMARY CONTRACTOR TO BLACKWELL TRACTOR SERVICE &
SECONDARY CONTRACTOR TO WALCOTT & SON: Approve the
cancellation of contract with USA Charter for nuisance abatement, lot clearing and
mowing and move Blackwell Tractor Service to primary contractor and award bid as
secondary contractor to Walcott & Son.
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 30, 2001 through May 11, 2001.
LINE OF CREDIT/BANK OF AMERICA: Approve a CRA Application for
$1,000,000.00 Line of Credit with Bank of America.
j. AWARD OF BIDS AND CONTRACTS:
°
°
°
o
Purchase award to Safety Equipment Company (via the City of Orlando bid
#RF97-323) for twenty-five (25) sets of replacement fire fighting protective
clothing. Funding is available from 001-2311-522-52.22 (Administration-
Uniforms); 001-2313-522-52.22 (Highland Beach-Uniforms); 001-2315-522-
52.22 (Operations-Uniforms); and 001-2317-522-52.22 (Safety-Uniforms).
Purchase award to Hector Turf for the purchase of two (2) Toro Greensmaster
3100 2WD Tractor units (via the GSA General Services Administration
Contract #GS-07F-8722-D) for the total amount of $33,550.40. Funding from
446-4761-572-64.90 (Lakeview Golf Course); and 445-4761-572-64.90 (Delray
Municipal Golf Course) for $16,775.20 each.
Bid award to multiple low responsive bidders for the purchase of pipefittings
and accessories for the Water/Sewer Network and the Construction Division at
an estimated annual cost of $203,264.78. Funding from various departmental
operating budgets.
Purchase award to Dracvo Lime Inc. for bulk quicklime (via the City of
Boynton Beach Co-op Bid #052-2821-01/KR) at an estimated annual cost of
$320,250. Funding from 441-5122-536-52.21 (Chemicals FY2001-2002).
Bid award to multiple low responsive bidders (Bid #2001-19) for the purchase
of automotive parts stocked in the purchasing warehouse, at an annual cost of
$59,000. Funding from various departmental operating budgets.
o
Purchase award to Dell for 12 personal computers at the Police Department (via
State Contract #250-040-99-1) in the amount of $20,160.00. Funding from
334-6112-519-64.11 (Renewal & Replacement Fund).
05-15-01
3-
Purchase award to TeleStaff (sole source) for a daily staffing and scheduling
software package in the amount of $40,000.00 for the Fire Department.
Funding is available in 001-2315-526-66.10 (Software).
REGULAR AGENDA:
AGREEMENT WITH PENCIL, INC.: Consider approval of an agreement with
PENCIL, Inc., a non-profit organization that encourages private sector and civic
involvement to support the public schools by inviting individuals to be "Principal For A
Day".
ABANDONMENT OF A PORTION OF BRONSON AVENUE: Consider
approving the abandonment of that portion of Bronson Avenue, beginning
approximately 100 feet south of East Atlantic Avenue, and extending to the south end
of the street. (~4])])roved 4-/, Commissioner Levinso, dissenti,£.)
LEASE AGREEMENT/FIRST PRESBYTERIAN CHURCH: Consider approval
of a Lease Agreement between the City and First Presbyterian Church.
JOINT VENTURE REQUEST/EXTEND CLOSING TIME OF SANDOWAY
PARKING LOT: Consider a request from Joint Venture to extend the closing time of
the Sandoway Parking Lot on June 1st until 10:00 p.m. to accommodate the Hot Air
Balloon Glow.
SOLID WASTE BID AWARD/BROWNING, FERRIS INDUSTRIES: Consider
approval of a bid award for Solid Waste Collection to Browning, Ferris Industries (BFI)
with an estimated amount of $2,254,300.00. Funding from 433-3711-534-34.50, 51, 55,
56 and 57 (Sanitation Waste Disposal - Contractual Service).
NAMING RIGHTS/DELRAY BEACH TENNIS CENTER: Consider approval
of a proposed agreement with Sports Marketing Consultants Inc. to act as a Non
Exclusive Agent for the City of Delray Beach to sell naming rights for the Delray Beach
Tennis Center.
(Thh item ~vi// be disc, ssed again i, J, ne 200 l.)
AMENDED & RESTATED LEASE AGREEMENT/AM BROADCASTING:
Consider approval of an amended and restated lease agreement between the City and
AM Broadcasting.
(~4pproved S-O.)
SETTLEMENT AGREEMENT/FLORIDA OUTDOOR ADVERTISING,
LLC.: Consider approval of a Settlement Agreement between Florida Outdoor
Advertising, LLC. and the City of Delray Beach regarding the construction of
billboards.
(~4pproved S-O.)
APPOINTMENTS TO THE CHARTER REVISION COMMITTEE: Appoint
eleven (11) members to the Charter Revision Committee. Based on the rotation system,
the appoinunents will begin with Commission Perlman (Seat #1) through
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4) and Mayor Schmidt (Seat #5), with the Mayor also appointing a
Chairperson.
05-15-01
- 4 -
J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
10.
11.
12.
13.
Appoint one (1) member to the Community Redevelopment Agency to fill an unexpired
term ending July 1, 2001. Appointment to be made by Commissioner Perlman (Seat
# ( ??ro ed 50.)
PUBLIC HEARINGS:
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the LDR Section 4.4.13 regarding parking requirements in the
CBD (Central Business District) zone district to accommodate required parking utilizing
valet parking, including parking appliance/lift system or tandem parking, and LDR
Section 4.6.9 establishing design standards for valet and tandem parking arrangements.
If passed, a second public hearing will be scheduled for June 5, 2001.
(De,id 50.)
ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(D) and
6.1.4(D), regarding paving of driveways and parking spaces, and providing an
amortization period.
ORDINANCE NO. 33-01: An ordinance adopting the Community Redevelopment
Plan Amendment.
ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the City
Code of Ordinances and amending Chapter 6, "Infrastructure and Public Property" of
the Land Development Regulations.
ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2),
regarding construction standards for sidewalks through driveways.
FROM THE
City Manager's response to prior public comments and inquiries.
From the Public.
FIRST READINGS:
A. ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "DeparUnents,
Boards and Commissions" of the City Code of Ordinances. If passed, a public hearing
will be scheduled for June 5, 2001.
~oved to 9~C4A - A??roved 5-0.)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 8:00p.m. ******
05-15-01