05-15-00 ResultsAgenda Results
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.
AGENDA
2.
3.
4.
5.
Roll Call. Everyone present
I nvo ca ti on. Reverend Casselberry
Pledge of Allegiance to the Flag.
Approved5-0 - Mayor noted the agenda addendum,
Agenda Approval. items 6F and 9L were added to the agenda.
Approval of Minutes:
Regular Meeting of May 2, 2000
Proclamations:
Approved 5-0
A. National Salvation Army Week - May 14-20, 2000
B. National Preservation Week - May 14-20, 2000
Recognizing and commending the Delray Beach Ocean Rescue
Division as 1999 Beach Patrol of the Year and Operations
Supervisor Steve Zickl as 1999 Lifeguard of the Year
Recognizing and commending Operations Supervisor Heather
Irurzun and Ocean Rescue Officer Shaun Gibson, Delray Beach
Ocean Rescue Division, for their superior achievements at the
2000 World Lifesaving Championships in Sydney, Australia
National Flag Day/21st Annual National Pause for the Pledge of
Allegiance to the Flag - June 14, 2000
F. Civility Honth
Presentations:
Report on the Delray Affair - Lynn Bafaloukos, Chamber of
Commerce Events Coordinator Consent Agenda- approved 5-0
Regular Commission Meeting
May 16, 2000
8. Consent Agenda:
City Hanager recommends approval.
Xo
RESOLUTION NO. 39-00: Approve a resolution vacating and
abandoning the north/south and east/west alley rights-of-way
lying within Block 36, but reserving to the City a general
utility easement over the entire area to be abandoned, based
upon positive findings. Block 36 is located on the north side
of West Atlantic Avenue, between N.W. 3rd and 4th Avenues.
B o
RESOLUTION NO. 40-00: Approve a resolution vacating and
abandoning a portion of the north/south alley right-of-way
lying within Block 8, Rosemont Park, in conjunction with
Bethel Evangelical Church, but reserving to the City a general
utility easement over the entire area to be abandoned, based
upon positive findings. Block 8, Rosemont Park, is located on
the west side of S.W. 7th Avenue between S.W. 7th Street and
S.W. 8th Court.
C o
RESOLUTION NO. 38-00: Approve a resolution requesting funds
from the Palm Beach County Emergency Medical Services Grant
Award program to be used for the purchase of eight (8)
Capnography Monitors, six (6) IV Infusion Pumps, and three (3)
EMS Patrol Bikes for the Fire Department.
Do
RESOLUTION NO. 42-00: Approve a resolution certifying that
the South Palm Beach County Habitat for Humanity program
operating in the CDBG income eligible areas of the City of
Delray Beach is consistent with the City's Comprehensive Plan
and the Land Development Regulations.
E. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM:
Fo
Go
Approve two funding subsidies in the total amount of
$37,300.00 for two income eligible applicants under the Delray
Beach Renaissance Program, with funding from 118-1924-554-
83.01 (SHIP Program), representing the 100th and 101st
homeownership assistance grants provided through the program
to-date.
PJ~TIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS: Ratify
the list of appointees to the Old School Square Board of
Directors as of January 27, 2000.
SERVICE AUTHORIZATION #1999-01/HELLER-WEAVER & SHEREMETA (LAKE
IDA ROA/} IRRIC~ATION & LANDSCAPING): Approve Service
Authorization #1999-01 in the amount of $25,960.00 with
Heller-Weaver & Sheremeta for professional services related to
the preparation of plans and submittal of Keep Palm Beach
Beautiful grant application, as well as design, permitting and
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Regular Commission Meeting
May 16, 2000
bidding services associated with the Lake Ida Road (Congress
to Hilitary) irrigation and landscaping project, with funding
from 334-3162-541-61.17 (General Capital Improvement - Street
Reconstruction).
H. SERVICE AUTHORIZATION #18/DAVID MILLER & ASSOCIATES (CITY
MARINA IMPROVEMENTS): Approve Service Authorization ~18 in
the amount of $53,200.00 with David Miller & Associates for
professional services related to the City Marina - Roadway,
Facility and Park Improvements project, with funding from 426-
4311-575-65.23 (City Marina Renovations).
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/RANDOLPH & DEWDNEY
CONSTRUCTION (SANDOWAY PARK RESTROOM FACILITY): Approve
closeout Change Order ~1 in the net deduct amount of $2,146.86
and final payment in the amount of $3,788.00 to Randolph &
Dewdney Construction Inc. for completion of the Sandoway Park
Restroom Facility project, with funding from 117-4170-572-
63.80 (Recreation Impact Fee Fund - Sandoway Park Restroom) .
CLOSEOUT CHANGE ORDER #5 AND FINAL PAYMENT/PAVEX CORPORATION
(1998 RESURFACING PROJECTS): Approve closeout Change Order ~5
in the amount of $49,381.54 and final payment in the amount of
$62,179.66 to Pavex Corporation for completion of the 1998
Street Resurfacing contract, with funding in the amount of
$16,850.82 from 334-3162-541-61.17 (Street Reconstruction),
$3,842.00 from 334-3162-541-63.15 (Downtown Parking Lots),
$20,230.59 from 334-4173-572-63.90 (Miller Park/Other
Improvements), $4,139.75 from 334-3162-541-65.19 (NE 4th
Street & NE 3rd Avenue), $11,137.75 from 334-4172-572-63.03
(Pompey Park Ballfields), and $5,978.75 from 442-5178-536-
63.92 (Highland Beach Force Main).
FINAL PAYMENT/TROPICAL AWNING INC. (VETERANS PARK AWNING
REPLACEMENT): Approve final payment in the amount of
$1,951.00 to Tropical Awning Inc. for completion of the
Veterans Park Awning Replacement project, with funding from
001-4126-572-63.90 (Veterans Park Recreational Facility -
Other Improvements).
RESOLUTION NO. 41-00: Approve a resolution assessing costs
for action necessary to abate nuisances on seven (7)
properties throughout the City.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period May 1st through May 12, 2000.
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Regular Commission Meeting
May 16, 2000
N. AWARD OF BIDS AND CONTRACTS:
Grant awards through the Community Development Block
Grant Housing Rehabilitation program to Abisset
Corporation in the amount of $14,148.75 for a single
family home at 927 S.W. 2nd Avenue, and to Henry Haywood
in the amount of $8,809.50 for a single family home at
207 N.W. 10th Avenue, with funding in the total amount of
$22,958.25 from 118-1963-554-49.19 (CDBG Housing
Rehabilitation), and grant award through the State
Housing Initiatives Partnership (SHIP) program in the
amount of $17,146.50 to William Hatcher Construction for
a single family home at 318 S.W. 6th Avenue, with funding
from 118-1924-554-49.19 (SHIP Housing Rehabilitation).
Emergency purchase of manufacturer's replacement parts
for repairs to VAC filters at the Water Treatment Plant
to Eimco Process Equipment, sole source provider, in the
total amount of $13,650.00, with funding from 441-5122-
536-46.90 (Water Treatment & Storage - Other
Repair/Haintenance Cost).
Contract award in the base bid amount of $134,290.00 to
Republic Construction & Development Corp., plus Change
Order #1 in the deduct amount of $13,753.00, for a net
contract amount of $120,537.00 for the Veterans Park
Restrooms project, with funding from 334-4126-572-62.10
(General Construction Fund - Veterans Park/Buildings).
9. Regular Agenda:
INTERNATIONAL TENNIS RESORT: Consider a revised acquisition
proposal for the International Tennis Resort property.
I
Approved5-0
REQUEST TO REDUCE PAVEMENT WIDTH/PARKSIDE TOWNHOMES: Consider
a request to reduce the pavement width from 24 feet to 22 feet
for a portion of the residential stre~e~
proposed Parkside Townhomes develop~
Approved 4-1, Schwa~z ~ssenfing
Section 6.1.2(C) . The subject proper~y is locateO north
West Atlantic Avenue on the east side of Coral Trace
Boulevard.
C. IN-LIEU OF PARKING FEE AGREEMENT/PINEAPPLE TOWN (OUTSIDE THE
BOX, INC.): Consider approval of an in-lieu of parking fee
agreement in the amount of $12,000 for two (2) parking spaces
with Outside The Box, Inc. for Pineapple Town. The subject
property is located at the southeast corner of Pineapple Grove
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Regular Commission Meeting
May 16, 2000
Way (N.E. 2nd Avenue) and N.E. 2nd Street, and is zoned CBD
(Central Business District).
Approved 4-1, Schwartz dissented
D. AMENDMENT NO. 2 TO PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA:
Consider approval of Amendment No. 2 to the parking license
agreement with Caffe Luna Rose, Inc. to allow valet service
seven days a week from 11:00 a.m. to 11:00 p.m., year round.
Approved5-0
SPECIAL EVENT REQUEST & RESOLUTION NO. 43-00/ROOTS CULTURAL
FESTIVAL: Consider a request for special event approval to
allow the 23rd Annual Roots Cultural Festival to be held
between May 19th and August 13, 2000, and approve Resolution
No. 43-00 in support of the event.
Approved5-0
ATLANTIC HIGH SCHOOL BAND FUNDING REQUEST: Consider a request
from the Atlantic Community High School Band for assistance
with the expenses of sending the Band to the Aloha Festival
which will be held in Hawaii on September 16, 2000.
Approved5-0
RIGHT-OF-WAY USE AGREEMENT WITH METRICOM, INC.: Consider
approval of a right-of-way use agreement between the City and
Hetricom, Inc. which would allow Hetricom to install their
equipment in City rights-of-way.
Approved5-0, subjecttoclari~inglanguaged /
BID AWARD FOR LANDSCAPE MAIN~ tobeaddedbyCi~Attomey _~D &
WEST ATLANTIC AVENUE): Consi_der approval ot a bid award in
the amount of $20,876.00 to Custom Property Services as the
lowest responsive, responsible bidder (second iow bid), for
the annual landscape maintenance contract for George Bush
Boulevard/N.E. 8th Street and West Atlantic Avenue, with
funding from 119-4144-572-46.40 (Beautification -
Maintenance).
Approved4-0, Ms.~cherlefl~eroom
I. AGREEMENT FOR PROCUREMENT OF NAMING RIGHTS OF THE DELRAY BEACH
TENNIS CENTER: Consider approval of an agreement between the
City and Flight Media, Inc. (F MI) wherein the City grants to
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Regular Commission Meeting
May 16, 2000
FMI exclusive rights to procure commitments for the sale or
lease of naming rights at the Delray Beach Tennis Center for a
period of six (6) months commencing on Hay 17, 2000 and
extending until November 17, 2000.
Approved 4-1, Perlman
dissented
AMENDMENT NO. 3 TO MATCH POINT AGREEMENT: Consider
approval of Amendment No. 3 to the agreement between the
City and Match Point, Inc. to provide that Match Point
agrees to abstain from attempting to sell or procure
naming rights for the Tennis Center for the six month
period in which the City has the agreement with Flight
Media, Inc.
ApprovedS-0
APPOINTMENT TO CRA DIRECTOR SELECTION COMMITTEE: Consider the
appointment of a City Commission member to serve on the
Selection Committee for the new CRA Executive Director.
Commissioner Schmidt was appointed to serve on the Selection Committee
BANK OF AMERICA PROPERTY: Provide direction concerning the
Bank of America property located on the north side of Atlantic
Avenue between East Road and Seabreeze Avenue.
Consensus:Ci~staffwasdirectedtogetmoreifformmion.
RESOLUTION 44-00
10. Publ i c Approved 5-0
11.
A. ORDINANCE NO. 11-00: An ordinance amending the Land
Development Regulations to establish notification requirements
for specified waivers. Approved4-0, Ms. McCaUhylefl~eroom.
Comments and Inquiries on Non-AgenOa Items ~rom the Public-
Immediately following Public Hearings.
City Hanager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings: None
13. Comments and Inquiries on Non-Agenda Items.
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Regular Commission Meeting
May 16, 2000
14.
City Manager
City Attorney
City Commission
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re:
Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-
8362CW-Hurley) and Dharma Properties, Inc. vs. City of Delray Beach
(Case No. 00-AP00-1157 AY).
Attendees:
Hayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney Jay Jambeck
A certified court reporter
Purpose:
Discuss strategy related to the above pending
litigation.
Meeting adjourned at 9:10 p.m.
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