08-15-00 ResultsCITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
AUGUST 15, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
AGENDA RESUL TS
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 meetings in the
Commission Chambers.
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:
under this section.
Any citizen is entitled to speak on items
B. 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.
C. 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. Ail
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.
AGENDA
2.
3.
4.
Roll Call. (Commissioner McCarthy not present)
Invocation.
Pledge of Allegiance to the Flag.
Agenda Approval. (Mayor noted the addition of the two
addenda, which included items 7A, 7B, 8G3, 9D and 9F. The
Agenda was approved 4-0)
Approval of Minutes:
Regular Meeting of July 25, 2000
Proclamations:
A.
B.
(Approved 4-0)
Literacy Awareness Month - September 2000
Recognizing and commending Alfred "Zack" Straghn
Presentations:
A. Elizabeth Wesley - Roots Cultural Festival, Inc.
B. Officer Skip Brown introduced ~Sunny"(a puppy that
will be trained to help the handicapped.)
Consent Agenda: (Approved 4-0)
A. REASSIGNMENT OF PREVIOUSLY APPOINTED ADVISORY BOARD
MEMBERS: Rescind the prior appointments of Gary
Eliopoulos to the Historic Preservation Board and
Rhonda Sexton to the Site Plan Review and Appearance
Board, and ratify the appointments of Gary Eliopoulos
to the Site Plan Review and Appearance Board and
Rhonda Sexton to the Historic Preservation Board.
COMMITMENT TO PROVIDE FUNDING FOR PHASE II OF THE
DELRAY BEACH HISTORIC STRUCTURES SURVEY: Approve an
application to the Florida Department of State,
Division of Historical Resources for funding
Regular Commission Meeting
August 15, 2000
assistance to complete the Delray Beach Comprehensive
Historic Structures Survey and approve the commitment
of $5,000.00 as half of the local share of funding.
C. REVISED INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY
Do
(N.E. 4TH STREET): Approve a revised interlocal
agreement between the City and Palm Beach County
related to roadway improvements along N.E. 4th Street
from Swinton Avenue eastward to N.E. 6th Avenue
(northbound Federal Highway) to increase the amount of
the County's reimbursement by $5,500.00 and to extend
the date for completion by one year.
FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
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PROGRAM: Approve a funding subsidy in the amount of
$15,000.00 for an income eligible applicant under the
Delray Beach Renaissance Program, with funding from
118-1924-554-83.01 (SHIP Program), representing the
109th homeownership assistance grant provided through
the program to-date.
APPOINTMENT OF OUTSIDE COUNSEL/MARULLO V. CITY OF
Fo
DELRAY BEACH AND GAYL NYE: Approve the appointment of
outside counsel in the referenced matter as
recommended by the City Attorney.
REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS:
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Accept the actions and decisions made by the Land
Development Boards for the period July 31st through
August 11, 2000.
AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $11,117.54 to
Corporate Express, via Florida State contract,
for the purchase of office furniture for the ESD
maintenance building expansion, with funding from
441-5161-536-64.10 (W&S Capital Outlay - Office
Furniture & Fixtures).
o
Purchase award in the amount of $32,907 to
Gateway Computers, via Florida State contract,
for the purchase of nine (9) laptops for the
Police Department, with funding from 334-6111-
519-64.29 (COPS MORE - Lap Tops).
o
Bid award in the amount of $2,054,929.26 to
Florida Blacktop, Inc., for the construction of
improvements along Pineapple Grove Way between
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Regular Commission Meeting
August 15, 2000
the alley north of East Atlantic Avenue and NE
4th Street, with funding from 334-6111-519-65.12
(General Capital) , 442-5178-536-65.12 (W&S
Renewal & Replacement) , and 448-5461-538-65.12
(Stormwater Utility).
o
Purchase award in the amount of $77,975.00 to
Laerdal Hedical Corporation for (34) thirty-four
semi-automatic external defibrillators, with
funding from 115-0000-334-18.00 (EMS Grant/EKG
Defibrillators) in the amount of $59,400.00 and
115-0000-248-99.00 (Federal Forfeiture Funds in
the amount of $18,575.00.
9. Regular Agenda:
A. REMOVAL OF TEMPORARY STREET CLOSURE/S.E. 4TH STREET:
Consider approving the removal of the temporary street
closure at S.E. 4th Street between S.E. 6th Avenue
(northbound Federal Highway) and S.E. 7th Avenue.
(Motion to postpone this issue to the October 17, 2000
Meeting - Approved 4-0)
B. NAMING OF THE INTERNATIONAL TENNIS RESORT PROPERTY:
Consider naming of the International Tennis Resort
Property.
(The Delray Swim and Tennis Center - Approved 4-0)
C. SPECIAL EVENT REQUEST/6TH ANNUAL DELRAY BEACH STREET
CRAFT FESTIVAL: Consider a request for special event
approval to hold the 6th Annual Delray Beach Street
Craft Festival on September 9th and 10th, including a
temporary use permit, and approval for police security
with the sponsor paying all police overtime costs,
contingent on the sponsor providing liability
insurance and a hold harmless agreement.
(Approved 4-0)
Do
REJECTION OF BID/WEST ATLANTIC AVENUE:
Consider
approval of staff's recommendation to reject the bid
received for the West Atlantic Avenue Beautification
Project - Phase I as recommended by staff.
(Approved 4-0 - Re-bid in late Spring 2001)
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CONTRACT FOR PURCHASE OF PROPERTY: Consider
authorizing the City to purchase certain property
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Regular Commission Meeting
August 15, 2000
(Lots 12 and 13, Block 2, Silver Terrace),
accepting the contract for sale and purchase.
and
(Postpone to the Sept 7, 2000 meeting - Approved 4-0)
F. LICENSE AGREEMENT BETWEEN THE CITY AND PNC
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INVESTMENTS, INC.: Consider approval of a License
Agreement between the City and PNC Investments, Inc.,
to hold the "PNC Investments Florida Open" at the City
Municipal Tennis Center from November 8th through
November 12, 2000.
(Approved 4-0)
APPOINTMENTS TO THE PLANNING AND ZONING BOARD:
Appoint four members to the Planning and Zoning Board
for two year terms ending August 31, 2002. The
appointments will be made by Commissioner HcCarthy,
Hayor Schmidt, Commissioner Perlman and Commissioner
Archer.
Ms. McCarthy appointed Mr. Dwayne Randolph
Mayor Schmidt appointed Mr. Jess Sowards
Mr. Perlman appointed Mr. Lloyd Hasner
Ms. Archer appointed Kenneth Peltzie
(Approved 4-0)
10. Public Hearings:
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ORDINANCE NO. 15-00: An ordinance annexing a parcel
of land located on the north side of West Atlantic
Avenue between the Villas D'Este and Windy Creek
subdivisions; providing for a small scale Future Land
Use Map amendment from County HR-8 (High Residential 8
dwelling units/acre) to City TRN (Transitional); and
establishing initial zoning of POD (Professional
Office District). QUASI-JUDICIAL HEARING (as to zoning)
(Approved 4-0)
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ORDINANCE NO. 16-00: An ordinance providing for a
small scale Future Land Use Map amendment from LD (Low
Density Residential 0-5 du/ac) to CF-P (Community
Facilities-Public Buildings) and rezoning from R-1-A
(Single Family Residential) District to CF (Community
Facilities) District, for a parcel of land located on
the south side of Lake Ida Road, approximately 286
feet west of N.W. 5th Avenue, associated with the
expansion of the Community Child Care Center. QUASI-
JUDICIAL HEARING (as to zoning)
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Regular Commission Meeting
August 15, 2000
(Approved 4- O)
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ORDINANCE NO. 18-00: An ordinance designating the
Atlantic Avenue Bridge, located at East Atlantic
Avenue and the Intracoastal Waterway, to the Local
Register of Historic Places.
(Approved 4-0)
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ORDINANCE NO. 19-00: An ordinance designating the
George Bush Boulevard Bridge, located at George Bush
Boulevard and the Intracoastal Waterway, to the Local
Register of Historic Places.
(Approved 4-0)
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ORDINANCE NO. 14-00: An ordinance amending Chapter
32, "Departments, Boards and Commissions", Subheading
"Education Board", of the City Code to provide for
increased board membership and to clarify and update
the duties and responsibilities of the Education
Board.
(Approved 4-0)
RULES OF THE EDUCATION BOARD: Approve the
amended Rules of the Education Board as adopted
by that board on July 17, 2000.
(Approved 4-0)
F. TRANSFER OF PROPERTY TO HABITAT FOR HUMANITY:
11.
Consider approval of a quit-claim deed transferring
one lot located at 333 N.W. 4th Avenue from the City
of Delray Beach to Habitat for Humanity of South Palm
Beach County. (Approved 4-0)
Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
no
City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
no
ORDINANCE NO. 20-00: An ordinance amending Chapter
56, "Stormwater", Section 56.16, "Establishment of
Rates for Stormwater Management Assessments", of the
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Regular Commission Meeting
August 15, 2000
City Code by repealing Subsection 56.16(E) and
enacting a new Subsection 56.16(E) in order to remove
any reference to the Master Appraisal File. If
passed, a public hearing will be scheduled for
September 7, 2000.
(Approved 4-0)
13. Comments and Inquiries on Non-Agenda Items.
City Manager
City Attorney
City Commission
14.
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
re: the case of Waste Management, Inc. of Florida vs. the
City of Delray Beach.
Attendees:
Hayor David Schmidt
Commissioner Pat Archer
Commissioner Jeff Perlman
Commissioner Bill Schwartz
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Brian Shutt
Richard Gaunt, Esq.
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy
related to litigation expenditures in the
above case.
15. SETTLEMENT OF LAWSUIT
Approved 4-0
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