05-06-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, May 6, 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.
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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.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Approved, 5-0)
APPROVAL OF MINUTES:
April 15, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
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Recognizing and Commending Officer Johnny Pun
Day of Awareness on Animal Poaching- May 7, 2003
Civility Month - May 2003
National Safe Boating Week - May 17-23, 2003
Acting Irish International Theatre Festival Days - May 11-17, 2003
National Preservation Week - May 5-12, 2003
Emergency Medical Services Week - May 18-24, 2003
National Public Works Week - May 18-24, 2003
PRESENTATIONS:
A. Morikami Park Elementary Children - Nancy Stewart
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treaunent and Disposal Board at
their Quarter Annual Meeting of April 17, 2003.
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD/RECLAIMED WATER SYSTEM EXPANSION:
Authorize an increase to Purchase Order #606547 in the amount of S150,000.00 to
South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for
the construction of a two (2) million gallon reclaimed water storage tank at the
treaUnent facility. Funding is available from 441-5181-536-63.95 (Water/Sewer).
FINAL SUBDIVISION PLAT APPROVAL/DELRAY SEBASTIAN: Approve
the subdivision plat for Delray Sebastian, a proposed 1.296 acre, 32-unit townhouse
development located at the southeast and southwest corners of N.E. 5m Avenue
(Federal Highway southbound) and N.E. 3~*~ Street.
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05-06-2003
D. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR
BUILDING/BANK OF AMERICA: Approve a waiver request to allow one (1)
2,100 square feet temporary modular building at Bank of America, located at 1001 East
Atlantic Avenue.
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/BELUGA WINE BAR
& RESTAURANT: Approve and accept a right-of-way dedication associated with
Beluga Wine Bar & Restaurant, for the dedication of two (2) feet of alley right-of-way.
ACCEPTANCE OF EASEMENT DEED/THE BROOKFIELD COMPANY
OF BOCA RATON: Approve and accept an easement deed to allow for the
encroachment of a public sidewalk onto the property adjacent to Fisher Lane and N.E.
4m Street.
QUIT CLAIM DEED/ACCEPTANCE OF EASEMENT DEED/1015 NASSAU
STREET: Approve the release of the 5' right-of-way by quit claim from the City and
accept an easement deed from Peter V. Millham for 1015 Nassau Street.
POLICE AND FIRE COMMUNICATIONS AGREEMENT/TOWN OF
GULF STREAM: Approve the proposed agreement between the City and the Town
of Gulf Stream for dispatching and communications services with a termination date of
September 30, 2007, with five (5) one-year renewal periods subject to cancellation by
either party.
IN-LIEU PARKING FEE AMENDMENT/MERIDIAN: Approve an
amendment to the agreement between the City and Mallory II, L.L.C. for the Meridian,
located in the 300 Block of S.E. 6~h Avenue (Federal Highway northbound), providing
for a reduction from six (6) in-lieu parking spaces to four (4) in-lieu parking spaces.
SIDEWALK AGREEMENT/TROPICAL AWNING: Approve a sidewalk in-lieu
of installation agreement in the amount of $1,560.00 between the City and Tropical
Awning for the construction of a 5' wide sidewalk at S.E. 1st Avenue.
FOURTH AMENDMENT TO ENCROACHMENT LICENSE
AGREEMENT/LAKE WORTH DRAINAGE DISTRICT: Approve the fourth
amendment to the encroachment license agreement between the City of Delray Beach
and the Lake Worth Drainage District (LWDD) permitting the City's encroachment
onto the LWDD E-4 Canal.
INTERLOCAL AGREEMENT/LAKE WORTH DRAINAGE DISTRICT:
Approve an interlocal agreement between the City of Delray Beach and the Lake Worth
Drainage District (LWDD) regarding the clearing of vegetation from rights-of-way and
a dispute resolution process.
ANIMAL SERVICES FUNDING AGREEMENT/PALM BEACH COUNTY:
Approve a reimbursement funding agreement in the amount of $20,000.00 between the
City and the Palm Beach County Animal Care and Control Division for the provision of
animal services between the period of October 1, 2002 through September 30, 2003.
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RESOLUTION NO. 27-03: Approve a resolution requesting funds from the Palm
Beach County Emergency Medical Services Grant Award program to be used for the
purchase of ten (10) Cardiac enzyme testing and monitoring units at a cost of $4,750.00
each.
RESOLUTION NO. 29-03: Approve Resolution No. 29-03 opposing Senate Bill 654
regarding preemption of regulation of cable services.
RESOLUTION NO. 30-03: Approve Resolution No. 30-03 authorizing the City
Manager to execute State of Florida Department of Transportation permits for road
closures.
RESOLUTION NO. 31-03: Approve Resolution No. 31-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
1001 N.W. 3~ Terrace.
CHANGE ORDER NO. 1/TOTAL GOLF CONSTRUCTION, INC.: Approve
Change Order No. 1 in the amount of $38,903.50 to Total Golf Construction, Inc. for
the Golf Course Greens Replacement Project. Funding is available from 441-5181-536-
63.90 (Water/Sewer/Other Improvements).
CHANGE ORDER NO. 1/FINAL PAYMENT/CONQUEST
ENGINEERING GROUP COMPANY: Approve Change Order No. 1 in the
amount of a $26,560.01 decrease, and final payment in the amount of $5,569.28 to
Conquest Engineering Group Company for the Seacrest Neighborhood Improvements
Phase III Project. Funding is available from 442-5178-536-65.03 (Water & Sewer
R&R/Seacrest-Del Ida Neighborhood Improvements).
SERVICE AUTHORIZATION NO. Il.A/ROBERT G. CURRIE
PARTNERSHIP, INC.: Approve Service Authorization No. ll.A to Robert G.
Currie Partnership, Inc. in the amount of $8,500.00 for researching wetland delineation,
surveying, and developing schematic alternatives for the Intracoastal (F.I.N.D.) Park.
Funding is available from 334-4174-572-63.90 (General Construction Fund/Other
Improvements).
SPECIAL EVENT REQUEST/4TM OF JULY: Approve a special event request for
the 4~h of July Celebration event to be held from noon until 12:00 midnight, including a
temporary use permit per LDR Section 2.4.6(tt) for the closure of Atlantic Avenue
from the east side of N.E. and S.E. Th Avenue to Ocean Boulevard, and from the south
side of Thomas Street to the north side of Miramar on Ocean Boulevard; waiver per
LDR Section 4.6.7(c)(5)(a) and (9) to allow banners and flags; waiver of City Ordinances
101.25 and 101.32 to allow assembly on the beach and vendors on A1A; and staff
support for security and traffic control, street barricading, banner hanging, stage set
up/use, and clean up/trash removal.
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SPECIAL EVENT REQUEST/AVDA 5K WALK: Approve a special event request
to allow the 5~h Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walkathon
to be held on Saturday, October 18, 2003 from 7:30 a.m. until approximately 1:00 p.m.,
including temporary use permit per LDR Section 2.3.6(tt) for the use of Anchor Park
and City right-of-way along Ocean Boulevard, waiver of parking meter fees, and staff
support for traffic control with the sponsor paying 50% of overtime costs; contingent
on the sponsor providing liability insurance and a hold harmless agreement.
SPECIAL EVENT REQUEST/6TM ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for the 6~h Annual Downtown
Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 24 and
May 25, 2003, granting a temporary use permit per LDR Section 2.4.6(H) for use of City
right-of-way on Pineapple Grove Way from the north side of N.E. 1st Street to the
south side of N.E. 4~h Street; and to authorize staff support for security/traffic control,
waiver to allow event signage to be installed one week prior to event with event sponsor
paying all overtime costs; contingent upon receipt of certificate of liability insurance.
SPECIAL EVENT REQUEST/HOWARD ALAN 9TM ANNUAL DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request for the ffh annual
Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from
10:00 a.m. until 5:00 p.m. on September 20 and September 21, 2003, granting a
temporary use permit per LDR Section 2.3.6(H) for the closure of N.E. and S.E. 4~h
Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for
vendor parking, and authorize staff support for police security with the sponsor paying
all overtime costs; contingent upon receipt of certificate of liability insurance.
SPECIAL EVENT REQUEST FOR 4TM ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 4~h Annual
Delray Beach Thanksgiving Art Fair to be held on November 29 and November 30,
2003 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section
2.3.6(tt) for the closure of N.E. 2~d Avenue, from alley just north of Atlantic to N.E. 4~h
Street, and to authorize staff support for traffic control and security with sponsor
paying all overtime costs; contingent upon receipt of certificate of liability insurance.
SPECIAL EVENT/4th ANNUAL HAITIAN FLAG DAY CELEBRATION:
Approve a special event request for the 4~h Annual Haitian Flag Day Celebration
sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group to be held
on Sunday, May 18, 2003 from 4:00 p.m. until 8:00 p.m., including temporary use permit
per LDR Section 2.4.6(tt) for the use of Merritt Park, set up/removal of City stage, staff
support for security, trash removal, and consideration of waiving 50% of overtime
costs; contingent on the sponsor providing certificate of liability insurance and a hold
harmless agreement. (This item was reconsidered by the Commission to approve overtime
costs up to ~1,200.00 with the sponsor paying all overtime costs next year; Approved, 5-0)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 14, 2003 through May 2, 2003.
05-06-2003
BB. AWARD OF BIDS AND CONTRACTS:
10.
Annual custodial maintenance service contract in the amount of $95,424.00 to
O.T. Services of West Palm Beach. Funding is available from various
deparlynental operating budgets.
Bid award to Tanner Industries at an estimated annual cost of $18,550.00 via the
City of Boynton Beach Co-op Bid #041-2821-03/CJD for the purchase of
anhydrous ammonia. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
Bid award to Atlantic Refrigeration at an estimated annual cost of $27,040.00 for
air conditioning services and repairs for City buildings. Funding is available
from various deparlynental operating budgets.
Bid award to Deerfield Linen Service at an estimated annual cost of $19,016.00
for linen rental service for the Delray Beach Municipal Golf Course. Funding is
available from 445-4715-572-52.22 (Delray Beach Municipal Golf Course
Fund/Uniforms/Linen Service).
Contract award to Conquest Engineering Group Company in the amount of
$162,252.87 for drainage and roadway improvements along S.E. 7~ Avenue
from S.E. 1st Street to East Atlantic Avenue. Funding is available from 448-
5461-538-65.53 and 334-3162-541-65.18 (S.E. 7~ Avenue).
Contract award to Chaz Equipment Company, Inc. in the amount of
$381,695.50 for water main improvements on Rye Lane, Enfield Terrace, Lake
Terrace and raw water supply common header pipe at the water trean-nent plant.
Funding is available from 442-5178-536-65.63 (Rye Lane, Lake Terrace, Enfield
Terrace) and 442-5178-536-65.82 (Raw Water Supply Manifold Pipe).
Contract award to Intercounty Engineering, Inc. in the amount of $271,364.00
for the installation of a reclaimed water main on the Municipal Golf Course
property. Funding is available from 441-5181-536-63.95 (Northwest Reuse
Water System - South Central Regional Wastewater).
Purchase award to Evans Consoles, Inc. in the amount of $35,306.00 for the
purchase of a new operations console and related furnishings for the Water
Treatment Plant Control Room Upgrade Project. Funding is available from
442-5178-536-64.90 (Other Machinery/Equipment).
Bid award to Man Con, Inc. in the amount of $592,948.10 for the rehabilitation
of Lift Station #6 and a new force main to serve Lift Station #6. Funding is
available from 442-5178-536-63.50 (Water Mains) and 442-5178-536-65.75 (Lift
Station #6, Force Main Upgrade).
Various bid awards in the amount of $128,967.00 via the Florida Sheriffs'
Association and Florida Association of Counties Bid Specification #1 for the
purchase of four (4) take home vehicles and one (1) motorcycle for the Police
Department. Funding is available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
05-06-2003
9. REGULAR AGENDA:
REQUEST TO REDUCE LIENS/RANDOLPH & DEWDNEY: Consider a
request from Dwayne Randolph of Randolph & Dewdney Construction Company to
waive the interest and administrative fees totaling $4,204.42 assessed for abating
nuisances and demolition of unsafe structures on properties located at 239 and 245
N.W. lffh Avenue. Mr. Randolph is prepared to pay the remaining lien of $6,659.56.
Staff recommends approval. (Approved, 5-0)
B. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT
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AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to
waive the interest and administrative fees in the amount of $3,939.58 assessed for
abating nuisances on property located at 40 N.W. 12~h Avenue. The Community
Redevelopment Agency is prepared to pay the remaining lien of $3,177.61. Staff
recommends approval. (Approved, 5-0)
REQUEST FOR IN-LIEU PARKING SPACES/MARIPOSA: Consider a request
by Mariposa for the purchase of one (1) in-lieu parking space in the amount of
$6,000.00 and the construction of two (2) on-street parking spaces in the adjacent right-
of-way of S.E. 1st Street. Mariposa is located in the Old School Square Historic Arts
District (OSSHAD) at 48 S.E. 1st Avenue. (Approved, 5-0)
REQUEST FOR IN-LIEU PARKING SPACES/BANK OF AMERICA:
Consider a request by Bank of America for the purchase of one (1) in-lieu parking space
in the amount of $14,000.00. Bank of America is located 1001 East Atlantic Avenue.
(Approved, 5-0)
NATIONAL FORUM FOR BLACK PUBLIC ADMINISTRATORS
CONFERENCE NIGHT OUT/DELRAY BEACH: Consider a request to
advance funding for 50% (total amount of $30,459.74) of the cost of the National
Forum for Black Public Administrators (NFPBA) event held at Old School Square on
April 28, 2003; and approve a reimbursement funding agreement for funds up to
$15,000.00 with Palm Beach County for same event. (Motion to approve advance up to
$30,459.74 with set offs; Approved, 4-1; Commissioner Levinson dissenting)
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two
(2) a#ernate members to the Code Enforcement Board for unexpired terms ending
January 14, 2004 and January 14, 2005. Based upon the rotation system, the
appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat
#1). (Appointed Glen Schuster and approved, 5-0; and appointed Leonard Epstien and
approved, 5-0)
APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
VICE-CHAIRMAN: Appoint a Vice-Chairman to the Community Redevelopment
Agency Board. (Appointed Howard Ellingsworth and approved, 4-0; Mayor Perlman stepped
down)
05-06-2003
H. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the appointment of Howard Lewis as the Comm~niV
Redeve/o/ome~t ,,4£e~0; representative on the Parking Management Advisory Board for a
term ending July 1, 2003. (Approved, 5-0)
APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION
COMMITTEE: Appoint five (5) members establishing the Public Arts
Implementation Committee for the purpose of creating a not-for-profit corporation and
outlining procedures necessary to implement the City Public Arts Ordinance. The five
(5) members shall include three (3) laypersons, an accountant, and a legal professional.
Based upon the rotation system, the appoinunents will be made by Commissioner
Costin (Seat #1); Commissioner Archer (Seat #2); Commissioner Levinson (Seat #3);
Commissioner McCarthy (Seat #4); and Mayor Perlman (Seat #5). The Mayor shall
appoint a chairperson from the membership. The Public Arts Implementation
Committee shall sunset upon the discharge of its assigned task or by October 1, 2003,
whichever is earlier, unless otherwise extended by the City Commission. (Appointed
James Anella and approved, 5-0; appointed Blane De St. Croix and approved, 5-0; appointed
Carolyn Pendelton-Parker and approved, 5-0; appointed Sally Still Gonsalyes and approved, 5-0;
appointed Cary Glickstein and approved, 5-0; appointed Richard McGloin as Chairman and
approved, 5-0).
APPOINTMENT TO THE PALM BEACH COUNTY PUBLIC ARTS
10.
11.
SELECTION COMMITTEE: Appoint one (1) person to the Palm Beach County
Public Arts Selection Committee as the City of Deh~ Beach representative for the South
County Courthouse Art and Amenities Project. (Appointed Glenn Weiss and approved, 5-
0)
GUARDRAIL/LINTON BOULEVARD: Consider a request regarding the
guardrail on the north side of Linton Boulevard. (Motion to instruct Palm Beach County
not to put anymore guardrails on the north side of Linton Boulevard and if the County needs to
put up more guardrails to put them on the north side of the sidewalk; Approved, 5-0)
PUBLIC HEARINGS:
A. NONE (Ordinance No. 11-03 has been revised and is a tTrst reading item).
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.
05-06-2003
12. FIRST READINGS:
13.
ORDINANCE NO. 6-03: An ordinance amending the Land Development
Regulations Section 4.4.13 (G) (1) (e), "Supplemental District Regulation" within the
Central Business District and Section 4.6.9, "Off-Street Parking Regulations" to provide
regulations for the location and accessibility of guest parking spaces. If passed, a public
hearing will be scheduled for May 20, 2003. (Approved, 5-0)
ORDINANCE NO. 10-03: An ordinance amending the Land Development
Regulations Section 4.5.1 (ND, "Tax Exemption for Historic Properties" to provide
clarification to the tax abatement process/applicability and to be consistent with the
Florida Administrative Code. If passed, a public hearing will be scheduled for May 20,
2003. (Approved, 5-0)
ORDINANCE NO. 11-03: An ordinance amending Chapter 91, "Animals" of the
City's Code of Ordinances by amending Section 91.02, "Livestock and Poultry", Section
91.25, "Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required",
Section 91.28, "Impoundment;Disposition", and Section 91.42, "Impoundment
Authorized;Disposition" to accurately reflect the department/designees responsible for
handling animal complaints and impoundment issues; and provide for an impoundment
fee of $10.00. If passed, a public hearing will be scheduled for May 20, 2003.
(Approved, 5-0)
ORDINANCE NO. 12-03: An ordinance amending Chapter 35, "Employee Policies
and Benefits" of the City Code of Ordinances by amending Section 35.056
"Designation of Personnel as Critical to Security" to provide for fingerprinting and
background checks for all unescorted private contractors, vendors, repair, and delivery
personnel with access to publicly operated facilities within municipalities designated as
critical to security. If passed, a public hearing will be scheduled for May 20, 2003.
(Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 8:30p.m. ******
POSTED: MAY 2, 2003
05-06-2003