05-20-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, May 20, 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.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor requested Item 9.B, Resolution No. 32-03, be postponed to a date
certain of June 3, 2003 due to a request by applicant; and Item 9.D, Request for Funding/Community
Neighborhood Helping, was pulled from the agenda due to a request by applicant. Approved as
amended, 5-0.)
APPROVAL OF MINUTES:
May 6, 2003 - Regular Meeting (Approved, 5-0)
May 13, 2003 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
Code Enforcement Officers' Appreciation Week -June 2-7, 2003
PRESENTATIONS:
City of Delray Beach Residents' Academy Certificates -Janet Meeks
"I Love My Mom" Contest Winners - Delray Beach Parks and Recreation DeparUnent
Hamlet Country Club support of Delray Police and Fire-Rescue Departments - Perry
DonFrancisco
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
FINAL SUBDIVISION PLAT APPROVAL/DELRAY OUTPATIENT
PROPERTIES PLAT: Approve the boundary plat for Delray Outpatient Properties,
located on the north side of Linton Boulevard, approximately 640 feet east of Military
Trail.
RESOLUTION NO. 36-03: Approve Resolution No. 36-03 assessing costs for action
necessary to abate nuisances on seventeen (17) properties throughout the City.
C. ACCEPTANCE OF EASEMENT AGREEMENT/LAKE IDA CHURCH OF
CHRIST: Approve and accept an easement agreement associated with the extension
of a water main for Lake Ida Church of Christ, located at the southwest corner of Lake
Ida Road and Roosevelt Avenue.
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D. DELRAY BEACH HOUSING RENAISSANCE PROGRAM/FIRST TIME
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HOMEBUYERS/SWINTON GARDENS: Authorize and approve the execution
of warranty deeds with eleven (11) first time homebuyers for the construction of
affordable single-family homes in the Swinton Gardens Development; and the payment
of developer's fees in the amount of $28,000.00 for the eight (8) low-income applicants
from the State Housing Initiatives Partnership (SHIP) Program. Funding is available
from 118-1924-554-83.01 (State Housing Initiatives Partnership (SHIP) Program).
HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve
Housing Rehabilitation grant,contract awards through Community Development
Division in the amount of $14,910.00 to Preston Consmnction (129 S.W. 11~h Avenue)
and $19,136.25 to Craftsman Plus, Inc. (1327 Preston Street). Funding is available from
118-1963-554-49.19 (Community Development Block Grant) and 118-1924-554-49.19
(SHIP Housing Rehabilitation Grant).
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant,contract award through Community Development
Division in the amount of $25,000.00 to Henry Haywood (413 S.W. 2'~ Street).
Funding is available from 118-1963-554-49.19 (Community Development Block Grant).
SERVICE AUTHORIZATION NO. 10/CH2MHILL: Approve Service
Authorization No. 10 to CH2MHill in the total amount of $100,400.00 for the design of
hardscaping/landscaping and water main improvements along SW/NW 5~h Avenue
from S.W. 1st Street to N.W. 2~d Street. The CRA will contribute $89,000.00 and the
City will pay the remaining balance of $11,400.00. Funding is available from 442-5178-
536-63.50 (Water Line Upgrades) for $11,400.00.
GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's Services Council (CSC)
for funding in the approximate amount of $275,215.00 for the City's out of school
program, day camps and summer camp programs.
PALM BEACH COUNTY SENIOR AIDES TRAINING AND
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EMPLOYMENT PROGRAM: Approve a contract between the City of Delray
Beach and Palm Beach County allowing the City to participate as a host agency for the
County's Senior AIDES Training and Employment Program at no cost to the City.
AMENDMENT NO. 1/NAMING RIGHTS CONSULTING
AGREEMENT/COCA-COLA AGREEMENT: Approve Amendment No. 1 to
the naming rights consulting agreement between the City of Delray Beach and
Superlative Group, Inc. providing for a ninety (90) day extension and approve
Amendment No. 1 with Coca-Cola Enterprises, Inc. for the same.
ITEM REMOVED
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 5, 2003 through May 16, 2003.
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M. AWARD OF BIDS AND CONTRACTS:
Purchase award to Pierce ManuGcturing/Ten-8 Fire Equipment, Inc. in the
amount of $551,311.00 for a 105-foot replacement aerial apparatus. Funding is
available from 501-3312-591-64.20 (Garage/Automotive).
Purchase award to Insight Public Sector in the amount of $23,534.00 via the
Florida State Contract #250-000-03-1 for a one (1) year warranty extension for
eighty-two (82) Police Department laptops. Funding is available from 001-
2113-521-46.20 (Equipment Maintenance).
Contract award to TLC Diversified, Inc. in the amount of $263,859.00 for the
Rehabilitation of Lift Stations 19, 57, and 80. Funding is available from 442-
5178-536-61.83 (Lift Station Conversion to Submersible).
Purchase award to Atlantic Environmental in the amount of $22,995.00 for the
purchase of electrical control panels associated with the rehabilitation of Lift
Stations 19, 57, and 80. Funding is available from 442-5178-536-61.83 (Lift
Station Conversion to Submersible).
Purchase award to Southeastern Pumps in the amount of $21,312.00 for the
purchase of submersible wastewater pumps and equipment associated with the
rehabilitation of Lift Stations 19, 57, and 80. Funding is available from 442-
5178-536-61.83 (Lift Station Conversion to Submersible).
Purchase award to Data Flow Systems in the amount of $38,285.00 for the
purchase of telemetry components associated with the Rehabilitation of Lift
Stations 19, 57, and 80. Funding is available 442-5178-536-61.83 (Lift Station
Conversion to Submersible).
Purchase award to GameTime in the amount of $60,859.11 via Florida State
Contract #650-001-01-1 for playground equipment for Barwick Park. Funding
is available from 334-6112-572-64.33 (General Construction Fund/Replace
Playground Equipment) and 115-4101-572-63.63 (Special Projects
Fund/Veterans Park Playground).
Purchase award to multiple vendors in the amount of $92,000.00 for
medical/drug supplies for the Delray Beach Fire-Rescue Department. Funding
is available from 001-2315-526-52.20 (General Operating Supplies).
REGULAR AGENDA:
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Consider approval of a proposed interlocal agreement between the City of
Delray Beach and the Community Redevelopment Agency (CRA) providing for the
repayment of advanced funding in the amount of $12,750.00 in support of the interim
management assistance to the Village Foundation. (Approved, 5-0)
RESOLUTION NO. 32-03: Consider approval of the abandonment of a portion of
Wallace Drive right-of-way (formerly Germantown Road), located on the west side of
S.W. 10~h Avenue, between S.W. lffh Street and Wallace Drive. (POSTPONED to a date
certain of June 3, 2003)
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C. OCEAN RESCUE CONTRACT AND MEMORANDUM OF
10.
UNDERSTANDING, LOCAL 1842, IAFF: Approve the Ocean Rescue Contract
and Memorandum of Understanding requested by the Local 1842, IAFF effective
October 1, 2001 through September 30, 2003. (Approved, 5-0)
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REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING:
Consider approval of a request from Community Neighborhood Helping for financial
support in the amount of $2,500 for their Glory Awards Event to be held on June 6,
2003. (PULLED by applicant)
RESOLUTION NO. 28-03 (MID-YEAR BUDGET ADJUSTMENT): Consider
approval of a resolution making mid-year adjustments to the adopted budget for FY
2003. (Approved, 5-0)
APPOINTMENTS TO THE OLD SCHOOL SQUARE MASTER PLAN TASK
TEAM: Appoint seven (7) members to the Old School Square Master Plan Task
Team. According to Resolution No. 33-03, each member of the City Commission will
appoint members to the Old School Square Master Plan Task Team. Based on the
rotation system, the appointments 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). (First Motion to rescind Resolution
No. 33-03 previously approved at the May 13, 2003 Commission Meeting; Approved, 5-0.
Second Motion to approve task team without property owners (Resolution No. 38-03);
Approved, 4-1; Commissioner Levinson dissenting. Appointed Howard Ellingsworth as
Comm,nity Redeve/o~ment~!gen(y Re~resentat/ve and approved, 5-0; appointed Rita Ellis as Donmtonm
Development ~tathodty Representat/ve and approved, 5-0; appointed Jay Alperin as O/d School Sqaam
Representat/ve and approved, 5-0; appointed Nancy Stewart as Pineappk Grove Main Street
Representat/ve and approved, 5-0; appointed Robert Barcinski as City Staff' Representat/ve and
approved, 5-0. Motion to submit waiver to Ethics Committee for Robert Barcinski; Approved,
5-0).
PUBLIC HEARINGS:
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. (Approved, 5-0)
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ORDINANCE NO. 15-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Ordinance No. 7-03 amending Chapter 4, "Zoning
Regulations", of the Land Development Regulations by amending Section 4.4.9 (G)(2),
"North Federal Highway Overlay District" to add self service storage facilities as a
conditional use and provide specific regulations, LDR Section 4.4.9 (G)(2)(c), for these
facilities. If passed, a quasi-judicial second public hearing will be scheduled for June 3,
2003. (Approved, 5-0)
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ORDINANCE NO. 10-03: An ordinance amending the Land Development
Regulations Section 4.5.1 (M), "Tax Exemption for Historic Properties" to provide
clarification to the tax abatement process/applicability and to be consistent with the
Florida Administrative Code. (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 oral0.00. (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. (Approved, 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
POSTED: MAY 16, 2003
05-20-2003