03-13-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Thursday, March 13, 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.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted the addition of Item 9.H, Delray Beach Economic Self-
Sufficiency Initiative, to the agenda by addendum; Approved as amended, 5-0)
APPROVAL OF MINUTES:
February 18, 2003 - Regular Meeting (Approved, 4-0; Commissioner McCarthy not present
on 2/18/03)
February 24, 2003 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing and commending the Toussaint L'Ouverture High School Students
PRESENTATIONS:
2001/2002 Comprehensive Annual Financial Report - Ernst & Young
Handover/Windy Creek Homeowners' Association -Jake Epperson
Art in Public Places - Rich McGloin
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
RESOLUTION NO. 12-03: Approve Resolution No. 12-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
24 N.W. Th Avenue.
AMENDMENT NO. 4/INTERLOCAL AGREEMENT: Approve Amendment
No. 4 to the interlocal agreement between the City of Delray Beach and the City of
Boynton Beach regarding Annex I, Section 3, "Failure of Meters" changing the basis for
billing in the event of meter failure from the daily average of three preceding months to
seven preceding days.
ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a
hold harmless agreement between the City and Richard F. Roehm to allow for the
installation of a fence in the public right-of-way, located at 2300 Dixie Highway.
RESOLUTION NO. 14-03: Approve Resolution No. 14-03 abandoning a portion of
the 16 foot north/south alley right-of-way lying within Block 2, Atlantic Pines, located
on the north side of West Atlantic Avenue, between N.W. lffh Avenue and N.W. 11~h
Avenue.
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03-13-2003
ACCEPTANCE OF EASEMENT DEED/PLAZA AT DELRAY: Approve and
accept an easement deed for the Plaza at Delray, located at the northwest corner of
Linton Boulevard and South Federal Highway.
FINAL PAYMENT/DRILLING SERVICES, INC.: Approve final payment to
Drilling Services, Inc. in the amount of $8,099.79 for the completion of the
Reconstruction of Drinking Water Well #26 Project. Funding is available from 442-
5178-536-61.82 (Well Rehabilitation/Replacement & Upgrade).
CHANGE ORDER NO. 1/FINAL PAYMENT/PIONEER CONTRACTING,
INC.: Approve Change Order No. 1 in the amount of $2,282.93 and final payment in
the amount of $15,002.69 to Pioneer Contracting, Inc. for the completion of the Delray
Shores Sidewalks and Traffic Calming Project. Funding is available from 334-6111-519-
63.89 (General Construction Fund/Neighborhood Enhancements).
FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
OLD PALM GROVE: Authorize the City to act as the general use permit applicant
for the existing water main connection within the state right-of-way (located on the
southeast corner of Federal Highway and Royal Palm Boulevard) and approve a Hold
Harmless Agreement with the developer (New Urban/RFC Developers, L.L.C.).
PALM BEACH COUNTY AGREEMENT: Approve an agreement between the
City of Delray Beach and Palm Beach County in the amount of $450,000.00 for the
design and installation of landscaping, irrigation, sidewalks, and curbing for the
NW/SW 5~h Avenue Project.
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant,contract awards through Community Development
Division in the amount of $23,940.00 to Preston Construction (16680 S.W. gh Avenue),
$12,400.50 to South Florida Construction (218 S.E. 1st Avenue), $12,547.50 to Henry
Haywood (311 S.W. gh Street). Funding is available from 118-1924-554-49.19 (SHIP
Housing Rehabilitation Grant).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $25,000.00 for N.W. 13th
Avenue. This brings the number to 151 homeowners assisted under the Renaissance
Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
RESOLUTION NO. 15-03: Approve Resolution No. 15-03 opposing the reduction
of approximately $94.5 million in funds for affordable housing programs.
GRANT ACCEPTANCE/FEDERAL COPS IN SCHOOLS: Approve and accept
the Federal COPS in Schools grant award in the amount of $125,000.00 with a local
cash match of $32,557.00 providing funding for a School Resource Officer position for
the Village Academy for a three (3) period. Funding is available from 001-2119-521-
Various Administrative Accounts/General Fund Police District 2.
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SPECIAL EVENT REQUEST/DELRAY AFFAIR: Approve a special event
request from the Chamber of Commerce to allow the Delray Affair to be held on April
25-27, 2003; including a temporary use permit per LDR Section 2.4.6(H) for street
closures of Atlantic Avenue from NW/SW 1st Avenue to the Intracoastal Waterway and
blocking access to Atlantic Avenue on each side street in this area at the alley running
parallel to Atlantic Avenue; waiver of LDR Section 4.6.7(D)(3)(j)(ii) to allow event
signage to be placed more than one week prior to event, staff support for security and
traffic control, contingent upon specified staff recommendations contained in 2/26/03
memo and the receipt of a hold harmless agreement and certificate of liability insurance.
ACCEPTANCE OF EASEMENT DEEDS/ART AND GLASS
ENVIRONMENTS: Approve and accept easement deeds to allow £or the
encroachment of a public sidewalk and a public access easement along the west side of
the property, adjacent to an alleyway, for Art and Glass Environments, located at 440
S.E. 5~h Avenue.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
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Accept the actions and decisions made by the Land Development Boards for the period
February 18, 2003 through March 7, 2003.
AWARD OF BIDS AND CONTRACTS:
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Bid award to Chaz Equipment, Inc. in the amount of $26,500.00 for the
emergency repair of the force main from Lift Station 19A. Funding is available
from 442-5178-536-63.90 (Water/Sewer Renewal & Replacement Fund/Other
Improvements).
Purchase award to Duval Ford in the amount of $22,111.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid Specification #19
for the purchase of a 2003 Ford F-250 crew cab pickup truck for the Parks and
Recreation Department. Funding is available from 119-4144-572-64.20
(Beautification Trust Fund/Automotive).
Purchase award to Duval Ford in the amount of $35,539.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid Specification #23
for the purchase of a 2003 Ford F-450 crew cab pickup truck for the
Environmental Services Department. Funding is available from 441-5145-536-
64.20 (Water/Sewer/Automotive).
Bid award to multiple vendors at an estimated annual cost of $78,616.00 via the
City of West Palm Beach Co-op Bid #02/03-20 for the purchase of liquid
chlorine and calcium hypochlorite. Funding is available from 441-5122-536-
52.21, 441-5144-536-52.21, 441-5123-536-52.21, and 441-5141-536-52.21
(Water/Sewer Fund/Chemicals).
Contract award to Rosso Paving & Drainage, Inc. in the amount of $147,560.00
for the Sherwood Park Traffic Calming Project. Funding is available from 334-
3162-541-65.60 (General Construction Fund).
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03-13-2003
9. REGULAR AGENDA:
MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results
of the March 11, 2003 First Nonpartisan Election. (Motion to ratify results declaring Jon
Levinson as winner; Approved, 5-0)
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
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ACTION/PARK PLACE TOWNHOMES: Consider an appeal of a decision of the
Site Plan Review and Appearance Board regarding the Class V Site Plan for Park Place
Townhomes, located on the south side of S.E. 10m Street, approximately 300 feet west
of S.E. 5~h Avenue. (Quasi-Judicial Hearing) (First Motion to reconsider the appeal;
Approved, 5-0. Second Motion to accept the SPRAB recommendations; Approved, 5-0)
WAIVER REQUEST TO REDUCE PAVEMENT WIDTH/PARK PLACE
TOWNHOMES: Consider a request to waive LDR Section 6.1.2 (C) to reduce the
pavement width from 24 feet to 20 feet for the residential streets located within the
Park Place Townhomes Development and waive LDR section 6.1.3 regarding the
provision of sidewalks along both sides of the loop road. The property is located on the
south side of S.E. 10m Street, approximately 300 feet west of S.E. 5m Avenue. (Quasi-
JudicialHeadng) (Approved 5-0)
SPECIAL EVENT REQUEST/SCHOOL SHOWCASE OF THE
ARTS/SOUTH FLORIDA PARENTING BLOCK PARTY: Consider a request
for special event approval to allow the School Showcase of the Arts - South Florida
Parenting Block Party sponsored by the Delray Beach Education Board and South
Florida Parenting to be held on March 29 and 30, 2003 from 10:00 a.m. until 6:00 p.m.;
granting a waiver per LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be made
and put up on March 18, 2003, staff support for security and traffic control, and trash
removal. (Motion to approve subject to staff recommendations; Approved 5-0)
REJECTION OF BIDS/2003 RESURFACING PROJECT: Consider rejection of
all bids received for the 2003 Resurfacing Contract due to oil increases and authorize
staff to re-bid contract later in the year. (Motion to reject received bids and re-bid later in
the year; Approved, 5-0)
AUTHORIZATION TO CHALLENGE A RULE: Consider authorizing staff to
challenge the rule regarding rate-making authority of Water Management Districts and
to engage Lewis, Longman, & Walker in this process at an hourly rate of $195-$205 per
hour. (Motion to ratify filing of challenge; Approved, 5-0)
RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the appoinunent of Norbert Poll as the West Atlantic
Redevelopment Coalition representative on the Parking Management Advisory Board
for a term ending September 30, 2004. (Approved, 5-0)
03-13-2003
H. DELRAY BEACH ECONOMIC SELF-SUFFICIENCY INITIATIVE:
10.
11.
12.
13.
Consider a request to endorse a Delray Beach Economic Self-Sufficiency Initiative, the
proposed Mission Statement and three-step implementation strategy and establish a task
force as recommended. (Motion to ratify the initiative; Approved 5-0)
PUBLIC HEARINGS:
WAIVER REQUEST/MARRIOTT: Consider a request from the owner of the
Marriott Residence Inn, located on 1111 East Atlantic Avenue, to waive Section
4.6.7(G)(7) of the Land Development Regulations regarding signs. (Quasi-Judicial
Heating) (Approved subject to SPRAB recommendations, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and 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 Z'5O p.rn. ~~
POSTED: MARCH 7, 2003
03-13-2003