10-21-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, October 21, 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 funding account number for Item 9.A, Florida
Department of Transportation Joint Partnership Agreement, as 119-4151-572-46.40 (Beautification
Trust Fund/Beautification Maintenance); Item 10.B, Ordinance No. 21-03, postponed to a date certain
of November 4, 2003. Commissioner Levinson requested Item 8.D, Agreement/Horse Drawn
Carriages, Inc., be moved to the Regular Agenda as Item 9.A.1.; Agenda approved as amended, 5-0)
APPROVAL OF MINUTES:
October 7, 2003 - Regular Meeting (Approved, 5-0)
October 14, 2003 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing Buck¥ Dent's 25th Anniversary
Delray Beach Orchid Society's 13th Annual Show
Honoring the School District of Palm Beach County and Superintendent Dr. Art
Johnson
PRESENTATIONS:
Delray Beach Cultural Loop - Glen Weiss
Downtown Master Plan Marketing Update
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
ACCEPTANCE OF EASEMENT DEED/THE COLONY AT DELRAY:
Approve and accept an easement deed from The Colony At Delray granting to the City
the means to allow utilities from Bexley Park to connect to an existing lift station
located in "The Colony" development.
B. ACCEPTANCE OF HOLD HARMLESS AGREEMENT/GARRETT AND
GINA BENDER: Approve and accept a hold harmless agreement between the City
and Garrett and Gina Bender for the installation of a private dock onto a portion of
seawall that abuts the Island Drive Bridge.
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SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve and
endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation
Department and the Chamber of Commerce to be held on December 13, 2003
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
Avenue to N.W. 1st Avenue and Miramar and Lowery for parade set up from
approximately 4:00 p.m. to 7:30 p.m., and authorize staff support for traffic control and
security, EMS assistance, barricade set-up/removal, trash removal and clean up, and
processing of the FDOT permit.
MOVED TO REGULAR AGENDA AS ITEM 9.A.1
LICENSE AGREEMENT/SESAC: Consider approval of the proposed music
performance license agreement with SESAC in the amount of $650.00. Funding is
available from 001-1802-512-34.90 (General Fund/Other Contractual Services).
REVISED SPECIAL EVENT REQUEST/THE FRIENDS OF SANDOWAY
HOUSE NATURE CENTER, INC.: Approve a revised request from the Friends
of the Sandoway House, Inc. to change the tent location for their Gala to be held on
November 22, 2003 from the east half of the Ingraham lot to the south side of the
Sandoway lot from 5:00 p.m. Thursday, November 20, 2003 through Monday,
November 24, 2003. Staff recommends approval of the revised request from 7:00 a.m.
Friday, November 21, 2003 through noon on Monday, November 24, 2003.
INDEPENDENT CONTRACTOR AGREEMENT/THE ARC: Approve an
independent contractor agreement between the City and The ARC for a trained
inclusion specialist for a special needs child in our Out of School program in the
approximate amount of $15,012.00. Funding is available from 001-4105-572-34.90
(General Fund/Other Contractual Services).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for two (2) eligible applicants/families in the amount of $13,500.00 for 1650
N.W. 18m Avenue #204 and $19,238.00 for new construction on S.W. 6m Avenue. This
brings the number to 155 homeowners assisted under the Renaissance Program.
Funding is available from 118-1924-554-49.20 (Home Owner Subsidy).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 6, 2003 through October 17, 2003.
AWARD OF BIDS AND CONTRACTS:
Bid award to Vila & Sons Landscaping Corporation in the amount of $49,800.72
for the irrigation and landscape improvements to three (3) medians on Federal
Highway and Linton Boulevard. Funding is available from 119-4151-572-63.20
(Beautification Trust Fund/Landscaping/Beautification).
Bid award to various vendors for pipe fittings at an annual cost of $159,411.91.
Funding is available from various departmental operating budgets.
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9. REGULAR AGENDA:
A.1.
AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider approval of an
agreement between the City and Horse Drawn Carriages, Inc. to provide horse and
carriage rides along Atlantic Avenue as specified from November 21, 2003 through
January 1, 2004 from 6:00 p.m. until 12:00 a.m.; contingent on the approval of the
proposed Ordinance No. 41-03 amending Section 2.4.6(tt) Temporary Use Permits.
(Motion to approve the amended agreement with January 4, 2004 as final date; Approved, 5-0)
A. FLORIDA DEPARTMENT OF TRANSPORTATION JOINT
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PARTNERSHIP AGREEMENT: Approve a Joint Partnership Agreement (JPA)
with the Florida Department of Transportation (FDOT) for the reimbursement of
funds to the City in the amount of $40,000.00 for the irrigation and landscaping of three
(3) medians on Federal Highway from 1200 feet south to 1500 feet north of Linton
Boulevard. Funding is available from 119-4151-572-46.40 (Beautification Trust
Fund/Beautification Maintenance). (Approved, 5-0)
REJECTION OF RESPONSES/WRECKER TOWING SERVICES: Consider
rejection of all responses received for the Request for Proposal #2003-46 for Wrecker
Towing Services for the Police DeparUnent due to the need to clarify and better define
language in the detailed specifications, and authorize staff to re-advertise. (Approved, 5-0)
POLICY ON MUNICIPAL LIEN REDUCTIONS: Approve the proposed policy
governing the granting of municipal lien reductions associated with the construction of
single family homes in the City. (Approved, 5-0)
SEAWALL PROJECT/CUSTOM BUILT MARINE CONSTRUCTION:
Approve a contract between the City of Delray Beach and Custom Built Marine
Construction in the amount of S139,649.06 for the replacement the existing seawalls at
S.F~. 3~d Street and N.E. Th Street and replacement of the ninety (90) foot and 140 foot
wood docks at Veteran's Park. Funding is available from 448-5461-538-65.66 (Storm
Water Utility Fund/N.E. Th Street - Seawall) and 001-4126-572-46.90 (Parks &
Recreation/Other Repair/Maintenance Costs). (Approved, 5-0)
ACCEPTANCE OF SETTLEMENT/TYLKE v. CITY: Consider acceptance of
settlement payable as follows: $35,000.00 due on November 4, 2003 and $10,000.00
payable within ninety (90) days subject to the receipt of an agreement and acceptable
releases in the Tylke v. City of Delray Beach case. Staff recommends acceptance.
(Approved, 5-0)
RESOLUTION NO. 72-03: Approve Resolution No. 72-03 providing for the
issuance of General Obligation Bonds for the purpose of financing Recreation Centers,
Parks and Cultural Facilities. (Approved, 5-0)
RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Ratify various appointments to the I~ds and Cops Committee for a
two year term ending November 30, 2005. (Approved appointments as outlined in agenda
memo, 5-0)
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STEERING COMMITTEE: Appoint promotional
Recreation Centers, Parks and Cultural Facilities Bond issue.
officials and approved, 5-0)
steering committee for
(Appointed former elected
PUBLIC HEARINGS:
ORDINANCE NO. 41-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 2, "Administrative Provisions", of the Land
Development Regulations by amending Section 2.4.6(H), "Temporary Use Permit" to
add horse drawn carriage rides, ice skating rink, carousel and other related
holiday/seasonal temporary uses authorized by the City Commission. If passed, a
second public hearing will be scheduled for November 4, 2003. (Approved, 5-0)
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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
instruments, phonographs and similar devices in residential zoning districts.
(POSTPONED to a date certain of November 4, 2003, approved, 5-0)
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ORDINANCE NO. 40-03: An ordinance amending Chapter 32, "DeparUnents,
Boards and Commissions" of the City Code of Ordinances by amending Section 32.08
"Length of Terms; Restrictions", Subsection (E), to allow a member of a City Board to
also serve on the Neighborhood Advisory Council. (Approved, 5-0)
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:
NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at Z'3.q p.m. ~~
POSTED: OCTOBER 17, 200:3
10-21-2003