06-17-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, June 17, 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 noted the addition of Item 8.K, Final Boundary Plat
Approval/Bankoff, to the Consent Agenda by addendum; Item 8.A, Final Boundary Plat
Approval/Owens Baker, pulled from the agenda; Item 8.G, Extension/Palm Beach County Financial
Assistance Agreement moved to Regular Agenda as Item 9.H; additional information for Items 9.D,
Delray Beach Library/Tripartite and Interlocal Agreement and 9.F, Appointments to Downtown
Development Authority; Approved as amended, 5-0.)
APPROVAL OF MINUTES:
June 3, 2003 - Regular Meeting (Approved, 5-0)
June 10, 2003 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
Parks and Recreation Month -July 2003
PRESENTATIONS:
A. Government Finance Officers Association - Distinguished Budget Presentation Award
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
FINAL BOUNDARY PLAT APPROVAL/OWENS BAKER: Approve the
boundary plat for Owens Baker, located at the northwest corner of West Atlantic
Avenue and the Lake Worth Drainage District (LWDD) E-4 Canal. (PULLED)
B. FINAL BOUNDARY PLAT APPROVAL/SOUTH COUNTY
COURTHOUSE: Approve the boundary plat for the South County Courthouse with
associated alleyway abandonments, located on the south side of West Atlantic Avenue,
between S.W. 1st Avenue and S.W. 2~d Avenue.
CONSENT TO ASSIGNMENT/PREMIER BUS OPERATING COMPANY:
Approve Consent to Assignment with Premier Bus Operating Company, which will
acquire the Florida Network Tours, Inc. transportation segment for bus rental services
for the Parks and Recreation Department.
RESOLUTION NO. 13-03: Approve Resolution No. 13-03 abandoning a portion of
Dixie Highway, lying adjacent to Lot 5, Delray Beach Estates (2300 Dixie Highway).
ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and
accept a hold harmless agreement between the City and Richard Roehm for the
installation of a fence within a public right-of-way.
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RESOLUTION NO. 39-03: Approve Resolution No. 39-03 clarifying that Resolution
No. 49-00 is for notice purposes only and does not place a lien on the properties of the
Pineapple Grove Way Special Assessment District.
AGREEMENT/LAKE IDA CHURCH OF CHRIST: Approve and accept an
agreement between the City and Lake Ida Church of Christ providing for a Letter of
Credit for the installation of a turning lane on Roosevelt Avenue.
MOVED TO REGULAR AGENDA AS ITEM 9.H
EXTENSION/SUPERLATIVE GROUP, INC.: Approve a recommendation
concerning the Superlative Group, Inc. for a ninety (90) day extension to the naming
rights agreement for the Tennis Center.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 2, 2003 through June 13, 2003.
AWARD OF BIDS AND CONTRACTS:
Contract award to RPM General Contractors, Inc. in the amount of $44,652.00
for the construction of interior Water Treatment Plant Control Room
Modifications. Funding is available from 442-5178-536-62.10 (Water/Sewer
Renewal & Replacement/Buildings).
Purchase award to Kuhn Carpet and Tile in the amount of $26,100.00 via the
Florida State Contract #360-240-00-1 for replacement carpeting for the Fire-
Rescue Department Headquarters. Funding is available from 001-2311-522-
46.10 (General Fund/Building Maintenance) and 334-6112-519-46.10 (General
Construction Fund/Building Maintenance).
FINAL BOUNDARY PLAT APPROVAL/BANKOFF PLAT: Approve the
boundary plat for Bankoff, located on the north side of Atlantic Avenue and east of the
Intracoastal Water.
REGULAR AGENDA:
PUBLIC FINANCIAL MANAGEMENT, INC. PRESENTATION. Public
Financial Management, Inc. will make a presentation concerning refinancing the City's
Water and Sewer Bonds.
RESOLUTION NO. 34-03: Consider approval of Resolution No. 34-03 authorizing
the issuance of not exceeding $13,500,000 in the initial aggregate principal amount of
the City's Water and Sewer Refunding Bonds, Series 1993 A and B, and the City's
outstanding Water and Sewer Refunding Bonds, Subordinate Series 1999; providing for
the terms and payment of the bonds. (Approved, 5-0)
RESOLUTION NO. 35-03: Consider approval of Resolution No. 35-03 authorizing
the negotiated sale of the City's Water and Sewer Revenue Bonds and to set the terms
thereof. (Approved, 5-0)
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DELRAY BEACH LIBRARY/TRIPARTITE AND INTERLOCAL
AGREEMENT: Consider approval of a tripartite and interlocal agreement between
City of Delray Beach, Community Redevelopment Agency (CRA), and Delray Beach
Public Library Association, Inc. regarding the relocation of the library. (Motion to
approve tripartite agreement and attachments; Approved, 4-0; Commissioner Levinson filed
Conflict of Interest)
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
BOARD: Appoint one (1) member to the Community Redevelopment Agency Board
for a term ending July 1, 2007. Based on the rotation system, the appoinmqent will be
made by Commissioner Costin (Seat #1). (The Mayor stepped down due to Conflict of
Interest. Appointed Thomas F. Carney, Jr. and approved, 4-0)
APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT
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AUTHORITY: Appoint two (2) members to the Downtown Development Authority
for three (3) year terms ending July 1, 2006. Based on the rotation system, the
appointments will be made by Commissioner Costin (Seat #1) and Commissioner
Archer (Seat #2). (Appointed Perry DonFrancisco and approved, 5-0; and appointed
Christopher Brown and approved, 5-0)
APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular
members to the Education Board for two (2) year terms ending July 31, 2005. Based on
the rotation system, the appointments will be made by Commissioner Archer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman
(Seat #5), Commissioner Costin (Seat #1), and Commissioner Archer (Seat #2).
(Appointed Marlene Brown and approved, 5-0; appointed Frances "Betty" Owen and approved,
5-0; appointed Sharron Ronco and approved, 5-0; appointed Kathleen Schoenberg and
approved, 5-0; appointed Lisa Shaheen and approved, 5-0; appointed Troy Wheat and
approved, 5-0)
EXTENSION/PALM BEACH COUNTY FINANCIAL ASSISTANCE
10.
AGREEMENT: Approve revisions to the existing financial assistance agreements
with the Palm Beach County Board of County Commissioners to extend the completion
period until June 2004 for the irrigation and landscaping of Lake Ida Road (between
Congress Avenue and Military Trail). (Approved, 5-0)
PUBLIC HEARINGS:
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ORDINANCE NO. 16-03: An ordinance rezoning from AC (Automotive
Commercial) to GC (General Commercial) for a 0.759 acre parcel of land located at 909
S.E. 5~h Avenue and S.E. ffh Street for Gulf Stream Business Bank. (Quasi-JudiciM
Hearing). (Approved, 5-0)
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ORDINANCE NO. 13-03: An ordinance
Regulations Section 2.4.3 (K)(1) to provide
application fees. (Approved, 5-0)
amending the Land Development
for an increase in the development
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12.
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14.
15.
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:
ORDINANCE NO. 18-03: An ordinance repealing the current Chapter 93, "Cable
Television" of the City Code of Ordinances and enacting a new Chapter 93, "Cable
Television" providing for revised definitions, equipment and technical standards,
establishment of a security fund, and other guidelines. If passed, a public hearing will
be scheduled for July 8, 2003. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the cases of
Village by the Sea, L.L.P.v. the City of Delray Beach and Frank and Nilsa McKinney v. the City
of Delray Beach.
Attendees:
Mayor Jeff perlman
Commissioner Pat Archer
Commissioner Robert Costin
Commissioner Alberta McCarthy
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Terrill Pybum
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
SETTLEMENT OF VILLAGE BY THE SEA, L.L.P.V. CITY OF DELRAY BEACH:
Consider settlement of the referenced matter.
16. SETTLEMENT OF FRANK AND NILSA MCKINNEY V. CITY OF DELRAY
BEACH: Consider settlement of the referenced matter.
(Motion to continue negotiations on items 15 and 16; Approved, 5-0)
****** Meeting adfoumed at Z'45 p.m.
POSTED: JUNE 13, 2003
06-17-2003