12-11-01 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, December 11,
2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
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 (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.
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ROLL CALL. ***Meeting commenced at 6:00 p.m.***
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted removal of item 9.A - License Agreement/Cause
Events, Inc./Sportsfest 2002 from the regular agenda and moved item 9.H - Tribute to C.
Spencer Pompey, as item 9.A).
APPROVAL OF MINUTES:
· None
PROCLAMATIONS:
PRESENTATIONS:
A. Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
B. Theresa LePore, Supervisor of Elections - New Voting Equipment
C. After School Program - "What It Means to Be an American" - Essay Contest Winners
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CONSENT AGENDA: City Manager Recommends Approval. (Approved 5-0)
LANDSCAPE AGREEMENT/RALPH ISUZU/DAEWOO DEALERSHIP:
Approve a landscape agreement with Ralph Buick, Inc. (Ralph Isuzu/Daewoo
Dealership), located at the northeast corner of South Federal Highway and Fladell's
Way (Avenue F) (2501 South Federal Highway), to allow deferral of installation of the
required 25' landscape strip along Federal Highway until future widening of Federal
Highway occurs.
B. ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE
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(STORETECH PROJECT): Approve and accept an easement deed granting to the
City the means to install and maintain a water main extension that was a requirement of
the site plan approval for the Storetech project located in the Delray Park of Commerce
adjacent to NW lYh Avenue.
FUNDING AGREEMENT/WEED AND SEED PROGRAM: Approve funding
agreements between the City and MAD DADS of Greater Delray Beach (~g35,000.00),
Children Learning After School Sessions, Inc. (~g20,500.00), and Roots Cultural Festival,
Inc. (~glS,000.00) for participation in the U.S. Department of Justice Executive Office
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for Weed and Seed program for fiscal year October 1, 2001 to September 30, 2002.
LANDSCAPE MAINTENANCE AGREEMENT/RENAISSANCE LIMITED
LIABILITY CORPORATION: Approve a landscape maintenance agreement
between the City and Renaissance Limited Liability Corporation to allow placement and
maintenance of landscape material for the island(s) located within the right-of-way of
N.E. 2'~ Street adjacent to the Renaissance Village.
E. CHANGE ORDER #2/FINAL PAYMENT/SONIC ENGINEERING, INC.
(INFRASTRUCTURE IMPROVEMENTS): Approve Change Order #2 in the
amount of $6,654.15 and final payment in the amount of $22,937.81 to Sonic
Engineering, Inc. for the Southridge Road, Sunset and Albatross Road Infrastructure
Improvements project. Funding is available from 370-3162-541-65.46 (Southridge
Road/Sunset/Albatross Road).
CONTRACT ADDITION (C.G. #1)/DRILLING SERVICES, INC.
(RECONSTRUCTION OF DRINKING WELL): Approve a contract addition
(C.G. #1) to Drilling Services, Inc. in the amount of $51,850.37 for the reconstruction
of Drinking Water Well #26 from its existing location south of SW 10m Avenue on the
east side of 1-95 right-of-way to the intersection of SW 7m Street and Auburn Avenue.
Funding is available from 442-5178-536-61.82 (Well Rehabilitation).
CONTRACT ADDITION (C.G. #1)/MURRAY LOGAN CONSTRUCTION,
INC. (LIFT STATION REHABILITIGN): Approve a contract addition (C.G. #1)
to Murray Logan Construction, Inc. for the rehabilitation of Lift Station #31 in the
amount of $74,000.00, which includes replacement of deteriorated pumps and rails and
breakaway flanges at nine (9) existing sanitary lift stations throughout the City. Funding
is available from 442-5178-536-61.83 (Lift Station Rehabilitation).
H. LANDSCAPE MAINTENANCE AGREEMENT WITH FLORIDA
DEPARTMENT OF TRANSPORTATION (FDGT)/A-1-A: Approve an
agreement with the Florida DeparUnent of Transportation (FDGT) for landscape
maintenance of a 2,745 foot section of A-I-A, located between Highland Beach City
limits and the Linton Boulevard Bridge.
SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN ART
FESTIVAL (HOWARD ALAN EVENTS, LTD.): Approve a special event
request for the 13th Annual Downtown Art Festival sponsored by Howard Alan
Events, Ltd. to be held January 19 and January 20, 2002, which includes waiving rental
fees for use of City facilities, waiving costs associated with constructing/installing event
signs and banners, and staff assistance with constructing/installing signs and banners.
SPECIAL EVENT REQUEST/FOTOFUSION 2002: Approve a special event
request for Fotofusion 2002 to be held January 22 through January 26, 2002, which
includes event signage (approximate cost $250.00), waiving costs associated with
constructing/installing event signs and banners, and staff assistance with
constructing/installing signs and banners.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
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December 3, 2001 through December 7, 2001.
L. AWARD OF BIDS AND CONTRACTS:
Bid award in the amount of $3,882,210.00 to Bean Stuyvesant for the beach
renourishment contract. Funding for this item will be obtained through short-
term financing with the entire cost of the contract later reimbursed from
Federal, State, and County appropriations.
Bid award to Eagle Painting in the amount of $27,550.00 for the painting of the
Police and Fire Headquarters. Funding is available from 334-6112-519-46.10
(Building Maintenance).
REGULAR AGENDA:
TRIBUTE TO C. SPENCER POMPEY/PERFECT RESULTS, INC.: Consider
approving a $15,000 advancement to Perfect Results, Inc. for the production of a Black
History video tribute to C. Spencer Pompey to be repaid to the City by Palm Beach
County Commissioner Addle L. Greene. (Approved 5-0)
BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of the
FY2000-2001 bonus payments to JCD Sports Group for golf operations in the amount
of $17,500 and for Tennis Center operations in the amount of $3,000. Funding is
available in the amount of $12,000 from 445-4711-572-34.90; $5,500 from 446-4711-
572-34.90; $1,500 from 001-4124-572-34.90 and $1,500 from 001-4133-472-34.90.
(Other Contractual Services). (Tennis Bonus: approved 4-1 in the amount of $1,980.00;
Commissioner Perlman dissenting. Golf Bonus: approved 3-2 in the amount of
$17,500.00; Mayor Schmidt and Commissioner Levinson dissenting).
C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
Consider an appeal of a decision of the Site Plan Review and Appearance Board's action
relating to the architectural elevations Associated with Morse ICa, located at the
northwest corner of South Federal Highway and Avenue F. Quasi-judicial Heating
(Approved 4-1; Commissioner Levinson dissenting).
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a
special event request and endorse the Art & Jazz on the Avenue scheduled for January
24, 2002 from 6 p.m. to 11 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, the south
side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub,
Railroad Drive from Atlantic Avenue to NE 1st Street, NE 2nd Avenue from Atlantic
Avenue to NE 2nd Street, use of the east end of the Tennis Center parking lot, and to
authorize staff support for security and traffic control, banner hanging and removal,
barricade set-up and removal, clean up, and use/set-up of City stages. (Approved 5-0)
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E. CABLE FRANCHISE AGREEMENT RENEWAL PROCESS /
10.
APPOINTMENT OF OUTSIDE COUNSEL: Consider renewal options and
appointment of an outside counsel, Ila Feld with Leibowitz & Associates, to act as
consultant for the cable renewal franchise process with Adelphia Cable. The current
franchise agreement expires July 22, 2004. (Approved 5-0)
PROPOSAL FOR SETTLEMENT/PRATT v. CITY OF DELRAY BEACH, et
al.' Consider a proposal for settlement in the case of Eric Pratt vs. the City, of Delray
Beach for $79,999.00. Staff recommendation is denial. (Approved 5-0)
APPOINTMENTS TO THE ELDER READY TASK FORCE: Appoint fifteen
(15) members to the Elder Ready Task Force. According to Resolution No. 65-01, each
member of the City Commission will appoint three (3) members to the Elder Ready
Task Force with the Mayor appointing a Chairperson from the membership. The
appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer
(Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and
Mayor Schmidt (Seat #5). Also under consideration is Commission Liaison. (Approved
5-0)
H. This item was moved to 9A.
PUBLIC HEARINGS:
ORDINANCE NO. 52-01 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2001-03): Consider adoption of Ordinance No. 52-01 which
adopts Comprehensive Plan Amendment 2001-3 which includes creation of a new
Public Schools Facilities Element, which will include a definition section and related
map series, and revision to the existing Capital Improvement Element to include the
School District's adopted Six-Year Capital Facilities Plan. (Pursuant to Florida Statute
163.3187(1)(j), this amendment is exempt from the twice a year Comprehensive Plan
amendment imposed by Florida Statute). (Approved 5-0)
11.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FROM THE
12.
FIRST READINGS:
ORDINANCE NO. 61-01: An ordinance amending Land Development Regulations
Section 4.4.13 (G) (1) (a) regarding Residential Parking Requirements in the CBD (Central
Business District. If passed, a public hearing will be scheduled for January 8, 2002.
(Approved 5-0)
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ORDINANCE NO. 62-01: An ordinance providing for Charter revisions by repealing
Article III, "Legislative", and enacting a new Article III, "Legislative", to the City
Charter by repealing Article VIII, "Municipal Courts", and amending remaining Articles
I, II, IV, V, VI, and VII to clarify, delete obsolete reference, correct grammatical errors,
reorganize and to enhance the Charter's "Readability"; providing for a Referendum. If
passed, a public hearing will be scheduled for January 8, 2002. (Approved 5-0)
RESOLUTION NO. 71-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to provide for a Referendum
on the Charter change presented in Ordinance No. 62-01. (Approved 5-0)
ORDINANCE NO. 63-01: An ordinance providing for Charter revisions by
amending Article III, "Legislative", Section 3.01, "Commission-City Manager form of
Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to the Office of Mayor", providing for the length of the Mayor's
term if elected at a Special election; by repealing Section 3.06(d), "Vacancies; forfeiture
of Office; filling of Vacancies", and enacting a new Section 3.06(d), "filling a Vacancy
in the Office of Mayor" and subsection 3.06(d)(1)(2)(3)(4) and (5); to provide for filling
a vacancy in the Office of Mayor; by amending Ordinance No. 62-01 by repealing
Sections 3.08(b)(1)(2) and (3) of Ordinance No. 62-01 and enacting a new Section 3.08,
"filling of Vacancy in the Office of Mayor" and Subsections 3.08(b)(1)(2) and (3), to
provide for the filling of vacancy in the Office of Mayor, providing for the length of the
Mayor's term if elected at a Special election, providing for the Vice-Mayor to serve as
Mayor until the next election if 60 or more days remain until the next election of if less
than 60 days remain requiring a Special election to fill the vacancy in the Office of
Mayor, providing for the qualification of candidates for a Special election to fill a
vacancy in the Office of Mayor, the date of assumption of Office of the Mayor elected
at the Special election, providing that the term of the Commissioner filling a vacancy
created by the Vice-Mayor succeeding as Mayor shall be only until the next election
instead of the Mayor's term of office, unless a vacancy is created less than 60 days
before the election then the seat shall remain vacant until after a Mayor is elected at the
Special election; providing for the filling of vacancies in the Office of Vice-Mayor and
Deputy Vice-Mayor; providing for a referendum on March 12, 2002. If passed, a public
hearing will be scheduled for January 8, 2002. (Approved 5-0)
RESOLUTION NO. 72-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to provide for a referendum
on the Charter change presented in Ordinance No. 63-01. (Approved 5-0)
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ORDINANCE NO. 64-01: An ordinance providing for Charter revisions by amending
Article III, "Legislative", Section 3.0.1, "Commission City Manager Form of
Government; Term of Office; Number; Office of the Vice-Mayor and Deputy Vice-
Mayor; Succession to the Office of the Mayor; Term Limits", by repealing Section
3.01(c) and enacting new Section 301(c) and by amending Ordinance No. 62-01, Section
3.09, "Term Limits", by amending Subsection (a), to provide that effective 2003 and
thereafter a Commissioner and/or Mayor who reaches term limits during an elected
term shall be nevertheless permitted to serve out that elected term; providing for a
Referendum on March 12, 2002. If passed, a public hearing will be scheduled for
January 8, 2002. (Approved 5-0)
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RESOLUTION NO. 73-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to provide for a referendum
on the Charter change presented in Ordinance No. 64-01. (Approved 5-0)
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ORDINANCE NO. 65-01: An ordinance amending Chapter 34 of the Code of
Ordinance, "Elections" heading "General Provisions" by amending Section 34.02, "City
Commission to Provide for Elections: Appoinunent of Inspectors and Clerks";
amending heading "Qualifications for Candidacy", by amending Section 34.15,
"Qualifying as Candidate"; Section 34.16, "Filing of Nominating Petition", and Section
34.17, "Procedure After Filing", to provide for qualifying for Mayor in the event a
Special election is held to fill a vacancy in the Office of Mayor, to reorganize and correct
grammatical errors. If passed, a public hearing will be scheduled for January 8, 2002.
(Approved 5-0)
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
***ADJOURNED at 8:25 p.m.***
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