02-18-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, February 18, 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.
2.
3.
4.
ROLL CALL. (Commissioner McCarthy absent)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor Schmidt requested Item 8.M., Review of Appealable Land
Development Board Actions, be moved to the Regular Agenda as Item 9.A.A. and Item 7.E., Lake Ida
Homeowners' Association -Joanne Peart, was rescheduled to a date certain of March 13, 2003. The
City Attorney modified Item 9.I, Quiet Title/County Parcels, to include authorization of any parcel
necessary; Approved as amended, 4-0)
APPROVAL OF MINUTES:
February 4, 2003 - Regular Meeting (Approved, 4-0)
February 11, 2003 - Special Meeting (Approved, 4-0)
PROCLAMATIONS:
· Calling for the First Nonpartisan Election to be held on March 11, 2003
PRESENTATIONS:
B.
C.
D.
Kathleen Daley - Legislative Update
Lake Ida Homeowners' Association -Joanne Peart (Rescheduled for 3/13/2003)
Carver Estates Kids of Character Essay Contest - Officer Jeff Messer
12m Annual Holiday Toy Drive Presentation - Perry Don Francisco, Officer Jeff
Messer, and Jennifer Buce
Community Olympic Development Program - Para Gerig, Palm Beach County Sports
Commission
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approval of the poll workers for the First Nonpartisan Election to be
held on March 11, 2003.
FINAL SUBDIVISION PLAT APPROVAL/SEABREEZE ISLES: Approve the
subdivision plat for Seabreeze Isles, located on the west side of Seabreeze Avenue and
south of Lowry Street.
RESOLUTION NO. 7-03: Approve a resolution amending Resolution No. 40-02 for
the acceptance of a supplemental grant from the Palm Beach County Emergency
Medical Services Grant Award program to be used for the purchase of six (6)
Automated External Defibrillators.
RESOLUTION NO. 11-03: Approve Resolution No. 11-03 supporting the Annual
Beach Management Trust Fund.
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02-18-2003
REQUEST FOR SIDEWALK DEFERRAL/ANDREWS AVENUE: Approve a
request to defer the installation of a sidewalk in front of 506 Andrews Avenue. Staff
recommends approval.
NPDES SECOND TERM PERMIT INTERLOCAL AGREEMENT: Approve
the National Pollutant Discharge Elimination System (NPDES) Second Term Permit
Interlocal agreement between the City and the Northern Palm Beach County
Improvement District (NPBCID).
SERVICE AUTHORIZATION NO. 6/LAWSON, NOBLE & WEBB, INC.:
Approve Service Authorization No. 6 to Lawson, Noble & Webb, Inc. in the amount of
$55,862.71 for the design of N.E. 4~h Avenue from East Atlantic Avenue to N.E. 2'~
Street. Funding is available from the Community Redevelopment Agency.
FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
WASHINGTON MUTUAL: Authorize the City to act as the general use permit
applicant for the addition of a water main connection within the state right-of-way
(located on the southwest corner of southbound Federal Highway and S.E. lffh Street)
and approve a Hold Harmless Agreement with the developer (Echion USA, Inc.).
LANDSCAPE MAINTENANCE AGREEMENT/AVDA: Approve a landscape
maintenance agreement between the City of Delray Beach and Aid to Victims of
Domestic Assault (AVDA) for the installation of landscaping within the right-of-way.
TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve sea
turtle monitoring services for FY 2003 with John Fletemeyer in an amount not to
exceed $27,304.20. Funding is available from 332-4164-572-34.90 (Beach Restoration
Fund).
BEACH PERFORMANCE MONITORING STUDY: Approve a contract
between the City of Delray Beach and Coastal Planning & Engineering, Inc. in an
amount not to exceed $43,828.75 for the 12-month Post-Construction Beach and
Offshore Performance Monitoring Study.
SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special
event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 3, 2003, from
12:00 p.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per
LDR Section 2.4.6(H) for the closure of NE 1st Avenue on the north side of the
grounds of Old School Square to the loading gate area, and staff support for traffic
control and security, EMS assistance, trash removal, barricade set up, signage, and
waiver of City overtime costs; contingent upon sponsor providing a hold harmless
agreement, a certificate of liability insurance, and liquor liability insurance with
conditions for serving alcoholic beverages and site fencing.
MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.
02-18-2003
N. AWARD OF BIDS AND CONTRACTS:
Contract award to Dominica Recreation Products in the amount of $158,038.75
for the purchase of Platinum Pro Line Equipment for the skate park. Funding
is available from 117-6111-519-63.40.
Contract award to RPM General Contractors, Inc. in the amount of $83,910.00
for interior improvements to the Pompey Park Community Center. Funding is
available from 334-4172-572-46.10.
Contract award to Conquest Engineering, Inc. in the amount of $1,250,460.00
for the SW Area II Infrastructure Improvements. Funding is available from
442-5178-536-65.58 and 448-5470-538-65.58 (SW Area II).
Purchase award to Red Wing Shoe Store for the purchase of 135 pairs of safety
boots for the Fire-Rescue Department. Funding is available from 115-0000-248-
64.00 (Paramedic Gift Account) and 001-2315-526-52.22 (Uniforms-Operations
Division).
Various bid awards in the amount of $289,655.00 via the Florida Sheriffs'
Association and State of Florida Contracts for the replacement of City vehicles.
Funding is available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
Various bid awards in the amount of $275,302.00 via the Florida Sheriffs'
Association Contract for Take Home vehicles for the Police Department.
Funding is available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
REGULAR AGENDA:
RESOLUTION NO. 8-03: Consider approval of Resolution No. 8-03 for tax
abatement for improvements to the historic Crocker residence, located at 105 N.E. Th
Street. (Approved, 4-0)
A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 3, 2003 through February 14, 2003. (Item #J pulled and will come back as an
appeal on March 13, 2003, Approved as amended, 4-0)
RESOLUTION NO. 9-03: Consider approval of Resolution No. 9-03 for tax
abatement for improvements to the historic Patrick Lynch property, located at 226
South Ocean Boulevard. (Approved, 4-0)
DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC.: Consider a
grant/loan request from Delray Beach Public Library Association, Inc. regarding the
relocation of the library. (Motion to approve bridge loan of fg900,000, Approved, 3-0;
Commissioner Levinson filed Conflict of Interest and left dais)
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02-18-2003
10.
Do
MILTON-MYERS AMERICAN LEGION POST: Consider approval of a
matching grant request in the amount of $50,000.00 for the stabilization and
rehabilitation of the Milton-Myers American Legion Post No. 65, located at 263 N.E. 5~h
Avenue. (Approved subject to agreement, 4-0; Commissioner Levinson returned to dais)
AMENDMENT TO SPECIAL EVENT/CHILDREN'S HOPE SOCIETY 5K
WALK/RUN: Consider a request to amend the approval given on September 3, 2002
for the Children's Hope Society 5K Walk/Run Event to allow the closing of Ocean
Boulevard from Casurina to George Bush Boulevard from 7:30 a.m. to 9:30 a.m. on
April 13, 2003. (Motion to make event sponsor responsible for overtime costs up to
Approved, 4-0)
BID AWARD/BELL SOUTH COMMUNICATIONS SYSTEMS: Consider
approval of a bid award to Bell South Communications Systems in the amount of
$148,766.01 via the Broward County Contract RLI #060597-RB for the purchase of the
Nortel Option l lC PBX Phone System, conversion of the City's line service to Centrex,
election of Private Relay Interface Service for City Hall/Community Center, and
changing the long distance service provider to Bell South Long Distance Service.
Funding is available from savings as a result of these changes. (Approved, 4-0)
Go
RESOLUTION NO. 6-03: Consider approval of Resolution No. 6-03 authorizing the
City to purchase property for drainage retention located on N.W. 15m Avenue; and
Contract for Sale and Purchase between the City and the Delray Beach Community
Development Corporation in the amount of $76,000.00. (Approved, 4-0)
Ho
PARKING LEASE AGREEMENT: Consider approval of a parking lease agreement
between the Block 77 Development Group and Sun Atlantic Properties, L.L.C. for 100
full-time and part-time parking spaces on Block 69. (Approved, 4-0)
QUIET TITLE/COUNTY PARCELS: Consider authorization to Quiet Title two
(2) of the six (6) parcels acquired from Palm Beach County. (Motion to authorize Quiet
Title of any parcel necessary; Approved, 4-0)
PUBLIC HEARINGS:
Ao
ORDINANCE NO. 3-03: An ordinance amending Chapter 101, "Parks, Beaches, and
Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic
Regulations", to prohibit the use, operation, and propelling of parasails, parachutes, and
hang gliders on the City's municipal beach. (Motion to approve Ordinance No. 3-03;
Failed, 4-0. Ordinance No. 3-03 was DENIED)
Bo
ORDINANCE NO. 4-03: An ordinance amending Chapter 91, "Animals", of the
City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28,
"Impoundment;Disposition", to amend the definition of "At Large" and provide
consistency for grounds of impoundment. (Motion to approve secure/electronic fence;
Approved, 3-1; Commissioner Perlman dissenting)
02-18-2003
11. FROM THE
12.
13.
POSTED:
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments ~nd inquiries.
B. From the Public.
FIRST READINGS:
A. NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 8:50p.m. ******
FEBRUARY 14, 2003
02-18-2003