08-19-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, August 19, 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 9.K, Public Comments/FY 2004
Proposed Budget, to the agenda by addendum; Item 9.A, Conditional Use Request/Cottage Preschool,
pulled ( will come back on September 9, 2003) due to a request by the applicant; Item 9.D, 2003 Local
Law Enforcement Block Grant, allocation approval only; presentation by Carolyn Zimmerman was
added; Approved as amended, 5-0)
APPROVAL OF MINUTES:
August 5, 2003 - Regular Meeting (Approved, 5-0)
August 12, 2003 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
B.
C.
D.
Recognizing and Commending the Delray Beach Youth Basketball Teams
City of Delray Beach Fire Fighter Appreciation Week - August 25~h - September 1, 2003
Literacy Awareness Month - September 2003
National Alcohol and Drug Addiction Recovery Month - September 2003
PRESENTATIONS:
Delray Beach Rage U14 Boys Travel Soccer Team - Derek Hemandez
Sister Cities/Youth Ambassadors
Delray Beach Joint Venture/4~h of July Presentation - Marjorie Ferret
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 July 31, 2003.
RESOLUTION NO. 50-03: Approve Resolution No. 50-03 abandoning a 9' x 90'
portion of an alleyway, located on the west side of N.W. lffh Avenue, approximately
100 feet north of West Atlantic Avenue within the Whidden Subdivision.
RESOLUTION NO. 52-03: Approve Resolution No. 52-03 assessing costs for action
necessary to abate nuisances on twelve (12) properties throughout the City.
RESOLUTION NO. 53-03: Approve Resolution No. 53-03 abandoning easements
within the Plaza at Delray, located at the northwest corner of Linton Boulevard and
South Federal Highway.
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08-19-2003
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/STEVEN'S OFFICE
BUILDING: Acceptance of right-of-way dedication associated with Steven's Office
Building, located on the east side of S.W. 5~h Avenue between West Atlantic Avenue and
S.W. 1st Street, within the GC (General Commercial) Zoning District and West Atlantic
Avenue Overlay District.
ACCEPTANCE OF EASEMENT DEEDS/DELRAY PARK OF COMMERCE:
Approve and accept three (3) easement deeds associated with the Delray Park of
Commerce, Tract B (Best Securities Flex Building) located at the northeast corner of
Lake Ida Road and Congress Avenue.
MODIFICATION TO DEP CONTRACT FOR FUNDING RELATING TO
THE YEAR 2002 BEACH NOURISHMENT PROJECT: Approve Amendment
No. 3 to the Florida Department of Environmental Protection (DEP) contract #99PB2
for the state's cost sharing of the 2002 Beach Nourishment Project.
CHANGE ORDER NO. 1/FINAL PAYMENT/INTERCOUNTY
ENGINEERING, INC.: Approve Change Order No. 1 in the amount of a
$40,485.00 decrease, and final payment in the amount of $9,235.16 to Intercounty
Engineering, Inc. for the Municipal Golf Course Reclaimed Water Main Project.
Funding is available from 441-5181-536-63.95(Water & Sewer/NW Reuse Water
System-SCRWW).
SERVICE AUTHORIZATION NO. ll.2/ROBERT G. CURRIE
PARTNERSHIP, INC.: Approve Service Authorization No. 11.2 to Robert G.
Currie Partnership, Inc. in the amount of $6,150.00 for additional design services for the
Intracoastal (F.I.N.D.) Park Project. Funding is available from 334-4174-572-63.90
(General Construction Fund/Intracoastal Park).
REJECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS CENTER:
Approve the rejection of all bids received for the 2002-012 Delray Beach Swim and
Tennis Center Parking Lot Project.
THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.:
Approve a request from the Friends of Sandoway House Nature Center, Inc. to grant a
temporary use permit per LDR Section 2.4.6(H) for the use of the eastern portion of
the Ingraham Parking Lot from 5:00 p.m. on November 20, 2003 through noon on
November 24, 2003, and use of the balance of the Ingraham Parking Lot and the
Sandoway Parking Lot from 3:00 p.m. until midnight on November 22, 2003 to
accommodate their annual fund-raiser; contingent on the sponsor providing liability
insurance and a hold harmless agreement.
GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the
Florida State DeparUnent of Environmental Protection's Recreation Development
Assistance Program for funding in the approximate amount of $50,000.00 for
playground equipment for Lake Ida Park.
08-19-2003
Mo
No
TRI-PARTY AGREEMENT/FIRST NIGHT 2004: Approve an agreement
between the City, Joint Venture, and Old School Square and proposed budget for the
First Night 2004 Event.
CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS:
Oo
Approve and authorize the execution of funding agreements in the total amount of
$42,612.00 with five (5) sub-recipients (Community Development Corporation, Delray
Beach Youth Basketball Boosters, Roots Cultural Festival, Carver Estates Youth
Program, and Delray Youth Vocational Charter School) under the Weed & Seed
program for FY 2003. Funding is available from 115-2125-521-83.01 (Weed and Seed
Grants/Other Grants/Aid).
PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT:
Po
Qo
Approve a financial assistance agreement with the Palm Beach County Board of County
Commissioners for the reimbursement of funds to the City up to the amount of
$300,000.00 for the replacement of irrigation and landscaping on Linton Boulevard
between Congress Avenue and Military Trail.
APPOINTMENT OF OUTSIDE COUNSEL/VOSBURGH V. CITY OF
DELRAY BEACH: Approve appointment of Fred Gelston, Esq. to act as outside
counsel for the police officer in the case of Vosburgh v. City of Delray Beach at a rate
of $110.00 per hour.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
No
Accept the actions and decisions made by the Land Development Boards for the period
August 4, 2003 through August 15, 2003.
AWARD OF BIDS AND CONTRACTS:
o
°
Contract award to Stokes Mechanical Contractor at an estimated annual cost of
$18,470.00 for plumbing services and repairs for various City buildings.
Funding is available from various departmental FY 2003-2004 operating
budgets.
Contract award to BCH Mechanical d/b/a Conserves Building Services in the
total amount of $77,356.00 for a three (3) year term for the maintenance and
service of the HVAC Chiller, Tracer Unit located at City Hall. The total amount
includes $12,644 for the first year, $13,024 per year for the second and third
years, and $38,664 for the condenser coil. Funding is available from 001-1802-
512-46.20 (General Fund/Equipment Maintenance) and 334-6112-519-46.10
(General Construction Fund/Building Maintenance).
Purchase award to Chemical Lime Company at an estimated annual cost of
$564,192.00 via the City of Boynton Beach Co-op Bid #064-2821-03/JA for
bulk quicklime for the City of Delray Beach. Funding is available from 441-
5122-536-51.21 (2003-2004 Budget).
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08-19-2003
9. REGULAR AGENDA:
CONDITIONAL USE REQUEST/COTTAGE PRESCHOOL: Consider a
request for conditional use approval to allow the establishment of a child care facility
within the RM (Multiple Family Residential-Medium Density) zoning district for the
Cottage Preschool, to be located at the northeast corner of south Swinton Avenue and
S.E. 3~ Street. (Quasi-Judicial Heating) (PULLED by applicant until September 9,
2003)
CONDITIONAL USE REQUEST/ULTIMATE AUTOMOTIVE: Consider a
request for conditional use approval to allow the establishment of a vehicle repair
facility (automotive accessory installation and sales operation) within the MIC (Mixed
Industrial and Commercial) zoning district for Ultimate Automotive, to be located at
the southeast corner of Congress Avenue and McNab Avenue. (Quasi-Judicial
Hea~'it~g) (Approved, 5-0)
C. REQUEST FOR MODIFICATION OF STANDARDS GOVERNING
FINGER PIERS: Consider modification of standards in Land Development
Regulations (LDR) Sections 7.9.7 and 7.9.8 governing Dolphins and Finger Piers,
pursuant to Section 7.9.4(A) of the LDR, to allow dolphin pilings 60 feet from the
property line and a 30-foot finger pier to be constructed at 240 Captain's Walk. The
normal standard is 25-feet of dock length. (Quasi-JudiciM Hearing) (Approved, 5-0)
2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve
acceptance and the proposed allocation of the 2003 Local Law Enforcement Block
Grant in the amount of $121,447.00 with a City match of funds in the amount of
$12,145.00 for a total amount of $133,592.00. Funding is available from 115-2112-521-
49.90 (Federal Forfeiture Account). (Approved allocation of funds only, 5-0)
OFFSITE PARKING AGREEMENT/MULBERRY STREET RESTAURANT:
Provide direction concerning an off-site parking agreement for Mulberry Street
Restaurant (fka Craige's Furniture), located at 111 East Atlantic Avenue. (Consensus of
Commission that the parking agreement have a five (5) year term and employees can park in lot
without conditions)
DELRAY BEACH MARINA RATES: Provide direction concerning a proposed
rate increase up to forty or forty-five cents per foot per day for use of the municipal
marina facilities. (Consensus of the Commission to notify the lessees that the Commission
will vote on the marina rate increase on September 9, 2003)
RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the appointment of Thomas Carney, Jr. as the
Comm,,i~ Redevelopment ~4£e,~ representative on the Parking Management Advisory
Board for a term ending July 1, 2005. (Approved, 5-0)
08-19-2003
APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2)
re£,/ar members and two (2) a/fer"a/e members to the Board of Adjustment for two (2)
year terms ending August 31, 2005. Based upon the rotation system, the appointments
will be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1),
Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). (Appointed
Paul %acks as Regular Member and approved, 5-0; appointed Woodrow Lockett as Regular
Member and approved, 5-0; appointed Mel Pollack as Alternate Member and approved, 5-0;
appointed David Redelheim as Alternate Member and approved, 5-0)
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
10.
Appoint four (4) members to the Board of Construction Appeals for two (2) year terms
ending August 31, 2005. Based upon the rotation system, the appoinunents will be
made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2),
Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). (Appointed
Ron Brito and approved, 5-0; appointed Fred Fetzer and approved, 5-0; appointed Reginald
Cox and approved, 5-0; appointed Lesley Deutch and approved, 5-0)
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) re£,/ar member and one (1) al~er.ate member to the Code Enforcement Board for
unexpired terms ending January 14, 2004. Based upon the rotation system, the
appointments will be made by Commissioner Levinson (Seat #3) and Commissioner
McCarthy (Seat #4). (Appointed Glenn Schuster as Regular Member and approved, 5-0;
appointed Gilda Fernandez as Alternate Member and approved, 5-0)
PUBLIC COMMENTS/FY 2004 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2004 Proposed Budget at this time.
PUBLIC HEARINGS:
ORDINANCE NO. 22-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section
4.4.11 "Neighborhood Commercial" Zoning District to clarify the uses subject to the
special regulations section and to add vocational schools limited to Arts and Crafts,
Business, Beauty, Dancing, Driving, Gymnastics, Photography, Modeling, and Karate-
Judo as a permitted use. (Approved, 5-0)
ORDINANCE NO. 25-03: An ordinance designating the Amelung House located at
102 N.E. 12~h Street to the Local Register of Historic Places. (Quasi-Judicial Hearing)
(Approved, 5-0)
ORDINANCE NO. 26-03: An ordinance amending Section 71.030 of the Code of
Ordinances relating to the immobilization regulations on private property. (Approved, 5-
0)
08-19-2003
11.
12.
13.
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. 23-03: City initiated Future Land Use Map (FLUM) Amendment
from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities-
Churches) and rezoning from R-l-AA (Single Family Residential) to CF (Community
Facilities) for a 0.81 acre portion of the Trinity Lutheran Church Property, located at
the northwest corner of Lake Ida Road and Swinton Avenue. If passed, a quasi-judicial
public hearing will be scheduled for September 9, 2003. (Approved, 5-0)
ORDINANCE NO. 27-03: An ordinance amending Chapter 32, "Departments,
Boards, and Commissions", of the City Code of Ordinances by enacting Sections 32.45-
32.50 establishing the Neighborhood Advisory Council. If passed, a public hearing will
be scheduled for September 9, 2003. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 8:50p.m. ******
POSTED: AUGUST 15, 200:3
08-19-2003