09-23-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tue da e emb r23
2003
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 ~ 1st Avenue
Delray Beach, Florida
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.
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.
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. 8IGN IR 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 PROCEDURE8
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 die benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (IT)D), 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.
2.
3.
4.
ROLL CALL
INVOCATION.
PLEDGE OF A!.I.EGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted Item 7.A, Spotlight on Education, has been moved to the
October 7, 2003 Commission Meeting; the addition of Item 9.L, County-Wide Level of Service for
Fire/Rescue; Item 8.B, Resolution No. 68-03/Pubhc Arts Implementation Comrmttee, moved to the
Regular Agenda as Item 9.A.1; amend Item 8C, Change Order No. 1/Final Payment/Hardrives, Inc. to
include Exhibit A; Item 8.E, Extension of Payment/Auburn Trace was pulled from the agenda; amend
Item 8.F Extension of Payment/Florida Teleport to include additional information; Approved as
amended, 5-0)
APPROVAL OF MINUTES:
· September 9, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
B.
C.
D.
E.
F.
G.
Recognizing and Commending Nathaniel Tucker
Recognizing and Commending Jerry Cheeseman
Recognizing and Commending the East Boynton Beach Little League
Walk Our Children to School Day - October 8, 2003
Breast Cancer Awareness Month - October 2003
Order of the Sons of Italy in America Week - October 2003
National Business Women's Week - October 19-24, 2003
PRESENTATIONS:
"Spodight on Education" - Dr. Ian Saltzman, Principal of Carver Middle School and
Ian Plosker, President of the Delray Beach Youth Council
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
RESOLUTION NO. 67-03 (GRANT APPLICATION TO STATE OF
~ Authorize the Delray Beach Public Library staff to submit an operating
grant application directly to the State of Florida to obtain operating funds for operations
and maintenance of the library.
B. (MOVED TO ITEM 9.A.1 ON THE REGULAR AGENDA)
CHANGE ORDER NO. 1/FINAL PAYMENT/HARDRIVES. INC.: Approve
Change Order No. 1 in the amount of a $3,770.00 decrease, and final payment in the
amount of $10,577.50 to Hardfives, Inc. for the Cemetery Expansion Project. Funding
is available from 334-6111-519-63.90 (General Construction Fund/Other
Improvements).
0%23-2003
SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $15,500.00 to allow the applicant to secure new
financing.
EXTENSION OF PAYMENT/AUBURN TRACE; Approve a request from
Auburn Trace for a revised payment schedule over the next four (4) months only in the
amount of $10,886.75 per month and authorize the City Attorney to draft an
amendment to the existing agreements between the City and Auburn Trace stipulating
these new terms. (PULLED)
EXTENSION OF PAYMENT/FLORIDA TI~.I.I~PORT: Approve a payment
extension request from Florida Teleport due to Department of Environmental
Protection (DEP) permitting issues.
AMENDMENT TO SUB-RECIPIENT FUNDING AGREEMENT/CARVER
ESTATES YOUTH PROGRAM: Approve an amendment to the funding agreement
between the City of Delray Beach and the Carver Estates Youth Program that provides
for an additional funding allotment of $12,789.00 as approved by the Depam.ent of
Justice, Executive Office of Weed & Seed, and Housing & Urban Development (HUD)
Supplemental Grant. Funding is available from 115-2125-521-83.01 (Weed and Seed
Grants/Other Grants/Aid).
SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE: Approve and
endorse the Art & Jazz on the Avenue scheduled for October 16, 2003 from 6:00 p.m.
to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure
of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic
Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from
Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E.
2nd Street, and authorize staff support for security and traffic control, banner hanging
and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of
City stages.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 8, 2003 through September 19, 2003.
AWARD OF BIDS AND CONTRACTS:
Bid award to Gator Landscaping, Inc. at an est/mated annual cost of $30,830.00
for the landscape maintenance of Homewood Boulevard/Linton Boulevard and
three (3) medians on Military Trail. Funding is available from 119-4144-572-
46.40 (Beautification Trust Fund/Maintenance).
Purchase award to Team Equipment, Inc. in the amount of $12,948.54 for the
purchase of hydraulic rescue equipment to be used by the Fire Department.
Funding is available from 115-2311-522-64.90 (General Construction
Fund/Other Machinery/Equipment).
09-23-2003
Purchase award to CompUSA in the total amount of $20,099.00 via State
Contract #250-000-03-1 for the purchase of two (2) replacement servers for the
MIS Department. Funding is available from 334-6112-519-64.11 (General
Construction Fund/Computer Equipment).
Pttrchase award to Dave Holbrook Distributor, Inc. in the total amount of
$23,606.00 via State Contract #600-760-00-1 for the purchase of a Hasler
MagiSert M6000E Folding and Inserting System for the Utilities Division. The
total amount includes all components, delivery, set-up, training, support and a
one (1) year maintenance agreement. Funding is available from 441-5112-536-
46.20 (Equipment Maintenance), 441-5112-536-64.10 (Office
Furmture/Fixtures), and 441-5112-536-64.12 (Office Equipment).
REGULAR AGENDA:
RECONSIDERATION OF THE APPeAl. OF SITE PLAN REVIEW AND
APPEARANCE BOARD DECISION/IRONS~OOD PROPERTIES, INC.:
The applicant is requesting a reconsideration'of the City Comrmssion's denial of the
appeal of a decision of the Site Plan Review and Appearance Board's action regarding a
tot lot for Mallory Square, located on the south side of S.E. 3'd Street, between S.E. 5~h
Avenue and S.E. 6th Avenue. Requires a motion for reconsideration from a
Commissioner who voted against approval. (Quasi-JudiciaIHearing) (First Motion to
reconsider the appeal, Approved, 5-0. Second Motion to approve the appeal; Appeal denied, 5-
0)
RESOLUTION NO. 68-03/PUBLIC ARTS IMPLEMENTATION
COMMITTEE: Approve Resolution No. 68-03 extending the term of the Public Arts
Implementation Committee until March 31, 2004. (Approved, 5-0 to extend until March
31, 2004 with the caveat to have public input)
CONSENT TO ASSIGNMENT/WASTE MANAGEMENT, INC.: Consider
approval of the Consent to Assignment with Waste Management, Inc. which will
acquire the Browning Ferris Industries, Inc. (BF1) solid waste franchise agreement with
the City and approve a five (5) year extension to the term of the agreement. (Approved,
5-0)
AMENDMENT NO. I/SOLID WASTE FRANCI-Hg~. AGR~.~.MENT:
Consider approval of Amendment No. 1 to the Solid Waste Franchise
Agreement between the City and Waste Management, Inc. providing for an
extension of the term of the agreement until September 30, 2008 with one five
(5) year renewal, indemmty for the City, and additional language to the
agreement. (First Motion to approve the amendment, Approved, 5-0. Second Motion
to amend the motion to include that Saturday pickups will not begin until 7:00 a.m.;
Approved, 5-0)
09-23-2003
GRANTING OF HISTORIC FACADE ARCHITECTURAL CONTROL AND
REDEVELOPMENT EASEMENT; Consider approval of a historic facade
easement to the Community Redevelopment Agency (CRA) in exchange for the CRA
granting to the Dekay Beach Historical Society $50,000.00 for the renovation of the
1925 Bungalow. (Approved, 4-0; Mayor Perknan passed the gavel due to Conflict of Interest)
AMENDED AND RESTATED LEASE AGREEMENT/CASON
COTTAGE: Consider approval of the amended and restated lease agreement
for Cason Cottage and the 1925 Historic Bungalow between the City and the
Delray Beach Historical Society to incorporate the Historic Facade Architectural
Control and Redevelopment Easement conditions and requirements. (Approved,
4-0)
CONTRACT AWARD/ARTHUR _l. G/~I.I.&GHER: Consider approval of a
contract award to various insurance companies as negotiated by our broker, Arthur J.
Gallagher, for the City's Property and Casualty Insurance Policies effective October 1,
2003 at the annual premium of $1,267,295.00. (Motion to approve contract with the caveat
staff to review Terrorist Acts Coverage; Approved, S-0)
REOUEST TO REDUCE I.I1ZNS/ALAN KLASFi~J.I~: Consider a request from
Mr. Alan Klasfeld to waive the interest and administrative fees totaling $3,405.51
assessed for abating nuisances on property located at 204 N.W. 13th Avenue. Mr.
Klasfeld is prepared to pay the City's out-of-pocket expenses in the amount of
$2,685.75. Staff recommends approval. (Approved, 4-0 with payment to be paid in full in
30 days; Commissioner McCarthy f'ded Conflict of Interest)
USE OF CITY LOGO/GABRIEL. ROEDER. SMITH & COMPANY: Consider
a request from Gabriel, Roeder, Smith and Company for the use of the City's logo on
their web page. (Approved, 5-0 with caveat that logo be hot-hnked to the City's webpage)
SPECIAL EVENT REOUEST/OLD SCHOOL SOUARE CONCERT
SERIES: Consider approval of a special event request for the Concert Series
sponsored by Old School Square to be held at the pavilion on December 12, 2003,
January 30, 2004, February 27, 2004, March 12, 2004, April 9, 2004, and May 7, 2004
from 7:00 p.m. until 11:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure of a portion of N.E. 1" Avenue north of the grass area, and to
authorize staff support for traffic control, security, and signage; contingent upon
sponsor providing a certificate of insurance, liquor liability insurance, and a hold
harmless agreement. (Approved, 5-0 subject to staffrecommendafions)
DELRAY BEACH PUBLIC LIBRARY/BOND REFF. RI~.NDUM REOUEST:
Consider a request from the Delray Beach Public Library Association, Inc. to include an
additional $1 million in the proposed Parks Bond Referendum for the purchase of
library books and equipment for the new library. (Motion to approve $1 mill/on Bond
Referendum request, money must be used for capital purchase; Approved, 4-1; Commissioner
Levinson dissenting)
09-23-2003
10.
REIMBURSEMENT AGREEMENT/VIIJ.&(3E FOUNDATION: Consider
approval of a reimbursement agreement between the City and MAD DADS of Greater
Delray Beach, Inc. d/b/a Village Foundation authorizing a temporary loan in the
amount of $43,455.00 for the purchase of a 29 seat bus for various program activities.
(Approved, 5 0 with a lien Fried on vehicle until satisfaction of payment)
j. CITY ATTORNEY EVALUATION. (Approved for five percent (5%) increase, 5-0)
K. CITY MANAGER EVALUATION. (Approved for five percent (5%) increase, 5-0)
PUBLIC HEARINGS:
RESOLUTION NO. 62-03 (MILLAGE LEVY); A resolution levying a tax on all
properties within the City of Delray Beach for operation and maintenance, and for
payment of principal and interest on bonded indebtedness for FY 2004. (Approved, 5-0)
RESOLUTION NO. 63-03 (MII.I.AGE LEVY/DDA); A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2004. (Approved, 5-0)
RESOLUTION NO. 64-03 (FY 2004 BUDGET ADOPTION); A resolution
making appropriations of sums of money for all necessary expenditures of the City of
Dekay Beach for the period October 1, 2003 through September 30, 2004. (Approved,
5-0)
APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year
Capital Improvement Plan and FY 2004 Capital Improvement Budget are
consistent with the Comprehensive Plan, and approve same. (Approved, 5-0)
ORDINANCE NO, 28-03: Privately initiated Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community
Facilities- Churches) for a 4.13 acre parcel of land and rezoning from R-I-AA (Single
Family Residential) to CF (Community Facilities) for a 0.795 acre parcel of land, located
on the north side of N.E. 6th Street between N.E. 8th Avenue and Palm Trail for St.
Vincent Ferret's Church. (Qnssi-Jnch'ciMHeating) (Approved, 5-0)
ORDINANCE NO. ~30'03: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rates by 2.2% for FY 2004. (Approved, 5-0)
ORDINANCE NO. 31-03: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of 9 cents per
1,000 gallons for treatment costs. (Approved, 5 0)
09-23-2003
11.
12.
ORDINANCE NO. 35'03: An ordinance amending Chapter 117, "Landlord
Permits", of the City Code of Ordinances by amending Section 117.02, "Permit Fees"
to provide for a $15.00 increase in landlord permit fees. (Approved, 5-0)
RESOLUTION NO. 66-03; Consider approval of Resolution No. 66-03 authorizing
the City to sell property located on the comer of Wallace Drive and S.W. l0th Avenue
and Contract for Sale and Purchase between the City and J. David Roof, William H.
Roof and Linda M. Roof in the amount of $10,000.00. (Approved, 5-0)
ORDINANCE NO. 36-03: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
increase the contribution requirement for general employees from zero to 2% of their
basic compensation. (Approved, S-0)
ORDINANCE NO, 29-03: An ordinance adopting and enacting a new City Code of
Ordinances as reprinted and codified by the Municipal Code Corporation. (Approved, 5-
0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FO!.!.OWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO, 39-03; An ordinance amending Chapter 101, "Parks, Beaches
and Recreation" of the City Code of Ordinances by amending Sections 101.15, 101.24
and 101.34 to prohibit the use of powered paragliders, as well as hang-gliders and kite
boards within three hundred feet of a municipal beach site. If passed, a public hearing
will be scheduled for October 7, 2003. (Approved, 4-0; Mayor passed gavel and left dais)
ORDINANCE NO. 37-03: An ordinance amending the Land Development
Regulations, Section 4.3.3(S), "Telecommunication Towers and Antennas", to reflect
recent state law changes. If passed, a public hearing will be scheduled for October 7,
2003. (Approved, 5-0; Mayor returned to dais)
ORDINANCE NO. 34-03: An ordinance enacting Chapter 73, "Vehicle
Impoundment", to the City Code of Ordinances to provide for administrative penalties
for vehicle impoundment. If passed, a public hearing will be scheduled for October 7,
2003. (Approved, 5-0)
ORDINANCE NO. 33-03; An ordinance amending Chapter 71, "Parking
Regulations" of the City Code of Ordinances by repealing Sections 71.070 - 71.073 and
enacting new Sections 73.1S - 73.18, to provide clarification for the impoundment of
unattended/abandoned vehicles. If passed, a public hearing will be scheduled for
October 7, 2003. (Approved, 5 0)
09-23-2003
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 9:45 p.m. ***~"~*
POSTED: SEPTEMBER t9, 2003
09-23-2003