07-22-03 ResultsCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
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
Tuesday, July 22, 2003 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers section.
Delray Beach City Hall
B. 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.
C. 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.
100 NW 1st Avenue
Delray Beach, Florida 33444 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,
Phone: (561) 243 -7000 program, or activity conducted by the City. Contact Doug Randolph at 243 -
Fax: (561) 243 -3774 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
meetings in the Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Approved, 5 -0)
5. APPROVAL OF MINUTES:
• July 8, 2003 — Regular Meeting (Approved, 5 -0)
• July 15, 2003 — Special Meeting (Approved, 5 -0)
6. PROCLAMATIONS:
• None
7. PRESENTATIONS:
A. RESOLUTION NO. 45 -03: Recognizing and Commending Fire Fighter Tommie
Osborn of Delray Beach Fire - Rescue Staff for participation in the World Police and
Fire Fighter Games in Barcelona, Spain. (Approved, 5 -0)
B. RESOLUTION NO. 46 -03: Recognizing and Commending Delray Beach Fire -
Rescue Staff for regional qualification to participate in the World Combat Challenge in
Ottawa, Canada, November 6 -9, 2003. (Approved, 5 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5 -0)
A. ACCEPTANCE OF A RIGHT -OF -WAY DEEDMINTON TRUSS
CORPORATION: Approve and accept a 5 foot right -of -way deed for S.W. 4ffi
Avenue associated with the Linton Truss Corporation, located on the east side of S.W.
4ffi Avenue, approximately 860' north of Linton Boulevard (1455 S.W. 4 h Avenue).
B. RESOLUTION NO. 47 -03: Approve Resolution No. 47 -03 releasing the Jettinghoff
Property from restrictive covenants imposed by Palm Beach County.
C. RESOLUTION NO. 48 -03: Approve Resolution No. 48 -03 releasing the Triad
Property from restrictive covenants imposed by Palm Beach County.
D. RESOLUTION NO. 49 -03: Approve the Master Lease Purchase Agreement between
the City and Banc of America Leasing and Capital, L.L.C. for the financing of telephone
equipment for the City.
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E. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/ family in the amount of $16,000.00 for 122 N.W.
10"' Avenue. This brings the number to 152 homeowners assisted under the
Renaissance Program. Funding is available from 118 -1924- 554 -83.01 (SHIP Program).
F. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $19,026.00 to allow the applicant to secure new
financing.
G. SERVICE AUTHORIZATION NO. 8 /DIGBY BRIDGES. MARSH &
ASSOCIATES, P.A.: Approve Service Authorization No. 8 to Digby Bridges, Marsh
& Associates, P.A. in the amount of $23,000.00 for the development of a master plan
for the Catherine Strong Center. Funding is available from 334- 4183 - 572 -63.90
(Catherine Strong Center /Other Improvements).
H. SPECIAL EVENT REQUEST /COLUMBUS DAY: Approve a special event
request to allow the 4 h Annual Columbus Day Italian Fiesta sponsored by the Order
Sons of Italy in America Lodge #2719, to be held on October 11 -12, 2003 from 12:00
noon until 10:00 p.m., including a temporary use permit per LDR Section 2.3.6(1-1) for
the use of Veterans park, staff assistance for traffic control/ security, trash
removal /clean up, EMS assistance, waiver of 2 -hour parking limit, event signage to be
installed no earlier than October 2, 2003; contingent on the sponsor providing a hold
harmless agreement and certificate of insurance.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 7, 2003 through July 18, 2003.
J. AWARD OF BIDS AND CONTRACTS:
1. Bid award to multiple vendors for the purchase of road construction materials
for the City, via Co -op Bid #2003 -31 at an estimated annual cost of
$108,978.00. Funding is available from various departments (streets
division/ construction division) operating budget and capital project accounts.
2. Purchase award to Fischer Scientific Company in the amount of $36,236.95 for
the purchase of an integrated Personal Alert Safety System (PASS) for the Scott
Aviation Self- Contained Breathing Apparatus (SCBA) used by the Fire
Department. Funding is available from 334 - 6112- 519 -64.90 (General
Construction Fund /Other Machinery /Equipment).
9. REGULAR AGENDA:
A. WAIVER REOUEST TO REDUCE PAVEMENT WIDTH /BEXLEY PARK:
Consider a request to waive LDR Section 6.1.2 (C) (3) (a) to reduce the pavement width
from 24 feet to 20 feet, with a 2 feet valley gutter on each side for the residential streets
located within the Bexley Park Development, located north of the L -31 Canal, between
Barwick Road and Military Trail. (Quasi-judicial Hearing) (Approved, 5 -0)
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B. REQUEST FOR IN -LIEU PARKING SPACES /PIZZA RUSTICA: Consider a
request by Pizza Rustica for the purchase of two (2) in -lieu parking spaces in the
amount of $28,000.00. Pizza Rustica is located at 1155 East Atlantic Avenue. (Quasi -
Judicial Hearing) (Approved, 5 -0)
C. CONSENT TO ASSIGNMENT /PILGRIM BELLE CRUISES, L.L.C.:
Consider approval of the Consent to Assignment with Pilgrim Belle Cruises, L.L.C.
which will acquire the Ramblin' Rose Riverboat, Inc. license agreement for Veterans
Park. (Approved, 5 -0)
D. 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"' Avenue, between S.W. 10"' Street and Wallace Drive. (Approved, 5 -0)
E. ADOPTION OF THE HISTORIC PRESERVATION DESIGN
GUIDELINES: Approve and adopt the Historic Preservation Design Guidelines.
(Approved, 5 -0)
F. SPECIAL EVENT REQUEST /HAITIAN CULTURAL FESTIVAL: Consider
approval of a special event request to allow the 1s` Annual Haitian Cultural Festival
sponsored by Rex Entertainment Community, to be held on September 14, 2003 from
1:00 p.m. until 11:00 p.m. on the grounds of Old School Square and the Community
Redevelopment Agency (CRA) parking lot, including a temporary use permit per LDR
Section 2.3.6(1-1) for the use of a portion of N.E. 1s` Avenue north of the grounds of
Old School Square, staff assistance for traffic control/ security, trash removal /clean up,
EMS assistance, and barricade set up with event signage to be installed no earlier than
September 5, 2003; contingent on the sponsor providing a hold harmless agreement,
certificate of insurance, and payment of City costs per event policies /procedures.
(Approved subject to conditions, 5 -0)
G. PROPOSED MILLAGE RATE: Consider approval of the proposed millage rate for
FY 2004. (Approved millage rate at 8.0 mils, 5 -0)
H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for an unexpired term ending
January 14, 2004. Based upon the rotation system, the appointment will be made by
Commissioner Archer (Seat #2). (Appointed Leonard Epstien and approved, 5 -0)
I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority for an
unexpired term ending October 27, 2003. Based on the rotation system, the
appointment will be made by Mayor Perlman (Seat #5). (Appointed Gary Rosen and
approved, 5 -0)
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J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
three (3) members to the Historic Preservation Board for two (2) year terms ending
August 31, 2005. Based upon the rotation system, the appointments will be made by
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner
McCarthy (Seat #4). (Appointed John Miller, Jr. and approved, 5 -0; appointed Randee Schatz
and approved, 5 -0; appointed Gloria Elliott and approved, 5 -0)
K. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
three (3) members to the Planning and Zoning Board for two (2) year terms ending
August 31, 2005. Based upon the rotation system, the appointments will be made by
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner
McCarthy (Seat #4). (Appointed Joseph Pike and approved, 5 -0; appointed Mark Krall and
approved, 4 -1; Mayor Perlman dissenting; appointed Lynn Gardner and approved, 4 -1;
Commissioner Levinson dissenting)
L. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance
Board for two (2) year terms ending August 31, 2005. Based upon the rotation system,
the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor
Perlman (Seat #5). (Appointed Nancy Stewart and approved, 5 -0; and appointed Mark
Gregory and approved, 5 -0)
M. AMENDMENT NO. 1 /METRON- FARNIER, L.L.C.: Consider approval of
Amendment No. 1 to the settlement agreement between the City and Metron - Farnier,
L.L.C. providing for a five (5) month extension to allow the retrofitting of the City's
water meters. (Approved, 5 -0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 44 -03: A resolution establishing a budget for the Stormwater
Utility System, establishing the rates for FY 2004 Stormwater Management
Assessments, and certifying and adopting the Stormwater Assessment Roll. (Approved,
5 -0)
B. ORDINANCE NO. 17 -03 (SECOND READING /SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section
4.6.9 (E) (3) (d) regarding payment of in -lieu fees. (Approved, 5 -0)
C. ORDINANCE NO. 19 -03: An ordinance amending Ordinance No. 14 -02 eliminating
the requirement to include the amount of civil penalties owed on the notices affixed to
the vehicle. (Approved, 5 -0)
D. ORDINANCE NO. 24 -03 (FIRST READING /FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations regarding parking
requirements for self service storage facilities within the North Federal Highway
Overlay District. If passed, a second quasi - judicial public hearing will be scheduled for
August 5, 2003. (Approved, 5 -0)
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11. 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.
12. FIRST READINGS: NONE
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
* * * * ** Meeting adjourned at 8.•00 p.m. * * * * **
POSTED: JULY 18, 2003
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