10-07-03 Results City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
RULF~ FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: Thc 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. October 7. 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
presiding officer has discretion to adjust the amount of time allocated.
Regula~ Meeting 6:00 p.m.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers section.
De[ray 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 thc 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, BIGN 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. ADDREBBII/O THE COMMIBBIOIq: 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 N~' 1st Avenue
Del~ay Beach, Florida 33444 The City will famish auxiliary a/ds 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-
7127 (voice) or 243-7199 ('II)D), 24 hours prior to the event in order for the
Fax: (561) 243-3774 City to accommodate your request. Adaptive listening devices are available for
meetmes in the Commission Chambers.
1. ROI.T. C~t.t.
2. INVOCATION.
3. PLEDGE OF AT.I.EGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor Perlman noted Item 8.L. 1, Contract Award/McAlpines Towing,
pulled from the agenda due to a request from staff; Item 9.J, Ratification of Downtown Master Plan
Implementation Committee Members, pulled from the agenda and will come back on October 21, 2003;
Commissioner Archer requested for the Consent Agenda to be moved up before proclamations;
Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
· September 23, 2003 - Regnla* Meeting (Approved as amended, 5-0)
6. PROCLAMATIONS:
A. Put the Brakes on Fatalities Day - October 10, 2003
B. Florida City Government Week - October 19, 2003 - October 25, 2003
C. National Epilepsy Awareness Month - November 2003
7. PRESENTATIONS:
A. RESOLUTION NO. 65-03: Recognizing and Commending Robert Jolley for 30
years of dedicated service to the City of Delray Beach. (Approved, 5-0)
B. "Spotlight on Education" - Dr. Ian Saltzman, Principal of Carver Middle School and
Ian Plosker, President of the Delray Beach Youth Council
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. REQUEST FOR SIDEWALK DEFERRAL/92,4 SEAGATE DRIVE: Approve a
request to defer the installation of a sidewalk in front of 924 Seagate Drive. Staff
recommends approval.
B. RESOLUTION NO, 69-03: Approve Resolution No. 69-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
709 S.W. 2nd Terrace.
C. RESOLUTION NO. 70-03: Approve Resolution No. 70-03 assessing costs for
abatement action required to remove nuisances on seven (7) properties throughout the
City.
D. RESOLUTION NO. 71-03: Approve Resolution No. 71-03 amending the adopted
Resolution No. 34-89 to include student production projects as part of the One-Stop
Permitting Process with the Palm Beach County Film & Television Commission.
10-07-2003
E. FUNDING AGREEMENT/CHILDREI~PS SERVICES COUNCIL: Approve a
funding agreement between the City of Delray Beach and Children's Services Council
(CSC) in the mount of $275,215.00 for the City's out of school program, day camps,
and summer camp programs.
F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/AVl)A: Approve and authorize the
execution of a sub-recipient funding agreement with Aid to Victims of Domestic Abuse
(AVDA) in the amount of $50,000.00 under the Community Development Block Grant
(CDBG) program for FY 2002-2003. Funding is available from 118-1965-554-83.01
(CDBG/Miscellaneous Expense/Other Grants and Aid).
G. AGREEMENT FOR LOBBYING SERVICE$/KATHLEEN E, DALEY:
Approve an agreement for consultant/lobbying services between the City and Kathleen
E. Daley and Associates, Inc. in the amount of $48,000.00 for the period October 1,
2003 through September 30, 2004. Funding is available from 001-1111-511-34.90
(General Fund/Other Contractual Services).
H. SUB-CONTRACT FUNDING AGREEMENT/VILLAGE FOUNDATION:
Approve and authorize the execution of a contract between the City and Village
Foundation for a total dollar amount not to exceed $162,637.00 for the provision of
community-based substance abuse prevention services. The City will act as the fiscal
agent for the 2003-2004 Florida Department of Children & Families 0DCF), Alcohol,
Drag Abuse & Mental Health Program Office Grant Award.
I. 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (I.I.EBG): Approve
acceptance of the 2003 Local Law Enforcement Block Grant in the amount of
$121,447.00 with a City match in the amount of $13,494.00 for a total amount of
$134,941.00. Funding is available from l15-2128-521-various (2003 Local Law
Enforcement Block Grant).
J. CLOSEOIJT/FINAL PAYMENT/TOTAL GOLF CONSTRUCTION. INC.:
Approve final payment in the amount of $108,577.35 to Total Golf Construction, Inc.
for the completion of the Municipal Golf Course Greens Replacement project.
Funding is available from #441-5181-536-63.90 (Water/Sewer Fund/Other
Improvements).
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 22, 2003 through October 3, 2003.
L. AWARD OF BIDS AND CONTRACTS:
1. Contract award to McAlpines Towing, Recovery and Transport, Inc. with
annual franchise fees to be paid to the City in the amount of $100,000.00 for
wrecker/towing services for the Police Department. (PULLED)
10-07-2003
2. Purchase award to Odum's Sod, Inc. in the amount of $16,038.00 for the
purchase, delivery and installation of sod at the Delray Beach Cemetery.
Funding is available from 334-6111-51%49.90 (General Construction
Fund/Other Current Charges/Obligations - FY 2003).
3. Contract award to Ranger Construction - South in the amount of $78,835.50
for the 2003 resurfacing project. Funding is available from 334-3162-541-61.17
(Street Reconstruction).
4. Lease award to Xerox Corporation in the total amount of $20,387.16 over a
three (3) year term via the Putnam County Copier Contract #071736300 for the
lease of a Xerox WCP65 Digital Copier for the Police Department. Funding is
available from 001-2113-521-44.30 (Equipment Rental/Lease).
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BORTON MOTORS: Consider an appeal of the Site Plan Review and
Appearance Board's action regarding a site plan modification request for Borton
Motors, located on the east side of North Federal Highway, south of Gulfstream
Boulevard. (OnaM-Judicial Hearing) (Motion to approve appeal subject to conditions;
Approved, 4-0)
B. WAIVER REOUEST/COMBINATION OF AI)_IOINING LOTS: Consider a
waiver request to Land Development Regulations (LDR) Section 4.1.4(C) which
requires the combination of adjoining lots of record which do not individually meet
minimum lot requirements for Lot 9, Block 6 of the Dell Park Subdivision, located on
the south side of N.E. 12~ Street between north Sw'mton Avenue and N.E. 2na Avenue
(102 NE 12th Street). (Quasi-Judicial Hearing) (Modon to approve waiver with
conditions; Approved, 4-0)
C. CONDITIONAL USE REOUEST/EXCEL RESTAURANT: Consider a request
for conditional use approval to allow the establishment of a 24-Hour or Late Night
Business to be located within 300 feet of residentially-zoned property for Excel
Restaurant, to be located within the Linton Square Shopping Center at the northeast
comer of Linton Boulevard and Congress Avenue. (Quasi-Judicial Hearing)
(POSTPONED until the November 4, 2003 Regular City Commission Meeting)
D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/ATLANTI(~ PLACE: Consider an appeal of the Site Plan Review and
Appearance Board's action regarding the elimination of staff's recommended conditions
of approval for Atlantic Place, located on the south side of East Atlantic Avenue,
between Venetian Drive and Gleason Street. (Quasi-Judicial Hearing) (Motion to
approve the appeal with conditions; Approved, 4-0)
E. WORLDWIDE ENTERTAINMENT. INC.: Con~der authorizing staff to
negotiate an agreement with Worldwide Entertainment, Inc. for the promotion of
concerts at the Delray Stadium. (Motion to authorize staff to negotiate an agreement with
Worldwide Entertainment, Inc. subject to recommendations; Approved, 4-0)
10-07-2003
F. CANCEI.I.&TION OF CONTRACT/SHANNON CHEMICAL
CORPORATION: Consider authorizing the cancellation of contract with Shannon
Chemical Corporation for the purchase and dehvery of poly phosphate for the Water
Treatment Plant due to non-performance and approve re-award to Stiles-Kern Division
for an estimated annual cost of $47,040.00 per year. Fnndmg is available from 441-
5122-536-52.21 (Water/Sewer Fund/Chemicals). (First Motion to approve the cancellation
of the contract with Shannon Chemical Corporation; Approved, 4-0. Second Motion to
approve the re-award of the contract to Stiles-Kem Division; Approved, 4-0)
G. AMENDED AND RESTATED LICENSE AGREEMENT/PILGRIM BELLE
CRUISES: Consider approval of the amended and restated hcense agreement for
Pilgrim Belle Cruises between the City and Pilgrim Belle Cruises to allow for the
docking of a second boat to be used to provide "Eco Tours" to local school children
and fishing trips. (Motion to approve the amended and restated license agreement; Approved,
4-0)
H. SPECIAL EVENT REOUEST/OLD SGHOOL SOUARE GONCERT
SERIES: Consider approval of the proposed Old School Square Concert Series to
include rescheduling of the December 12, 2003 date, to be held at the pavilion on
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 Sec6on
2.4.6(H) for the closure of a portion of N.E. 15t 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
haxmless agreement. (Motion to approve all dates; Approved, 4-0)
I. STEERING COMMITTEE: App&mt promotional steering committee for Parks
Bond issue. (Provided direction to the City Manager)
j. RATIFICATION OF DOWNTOWN MASTER PLAN IMPLEMENTATION
COMMITTEE MEMBERS: Ratify the new roster of the Downtown Master Plan
Implementation Committee members to include representation from the Southwest
Management Team and removing members who declined to continue on the
committee. (PULLED - w~ll come back on October 21, 2003 Regular City Commission
Meeting)
K. AMENDMENT NO. 1/TRIPARTITE AND INTER.LOCAL AGREEMENT:
Consider approval of Amendment No. 1 to the Tripartite and Interlocal Agreement
between the City and the Dekay Beach Community Redevelopment Agency (CRA)
providing for the exchange of library property to accommodate the new library to allow
additional time to review the appraisals. (Motion to approve Amendment No. 1; Approved,
4-0)
10-07-2003
10. PUBLIC HEARINGS:
A. 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 north, south or east of any municipal beach site.
(Approved, 4-0)
B. 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. (Approved, 4-0)
C. 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. (Denied, 4-0)
D. 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 73.15 - 73.18, to provide clarification for the impoundment of
unattended/abandoned vehicles. (Approved, 4-0)
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:
A. ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control" of
the City Code of Ordinances to clarify distance requirements for noise emanating from
vehicles and buildings; and to provide a time limit on outdoor playing of musical or
ffmailar instruments in residential zoning districts. If passed, a public hearing will be
scheduled for October 21, 2003. (Approved, 4-0)
B. ORDINANCE NO. 40-03: An ordinance amending Chapter 32, "DepatU.ents,
Boards and Commissions" of the City Code of Ordinances by amending Sections 32.08
"Length of Terms; Restrictions", Subsection (E), to allow a member of a City Board to
also serve on the Neighborhood Advisory Council. If passed, a public hearing will be
scheduled for October 21, 2003. (Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
10-0%2003
~ Meeting closed at 8.'15 p.m. £or Closed Attomey/Client Session ~
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of
James Tylke v. the City of Delray Beach, Florida.
Attendees: Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Robert Costm
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Fred Gelston, Esq.
Stephen Radford, Esq.
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
15. SETTLEMENT OF TYLKE V. CITY OF Delray Beach: Consider settlement of the
referenced matter. (Motion to deny settlement; Denied, 4-0)
*****~ Meeting adjourned at 8:4$ p.rn. ~x,,~*
POSTED: OCTOBER 3, 2003
10-07-2003