03-11-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Thursday, March 11, 2004
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, 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.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted Item 7.A, 15th Annual Del-Aire/Delray Citizens for Delray
Police - Charities Golf Tournament to benefit Delray Beach Fire Rescue and Police Departments -
Perry DonFrancisco, moved to March 16, 2004 Regular Meeting; Item 9.A, Appeal of Administrative
Interpretation/Hotel Vista Del Mar, pulled until April 13, 2004 Regular Meeting; Item 9.F, Resolution
No. 13-04, postponed until March 16, 2004 Regular Meeting and will be a Public Hearing Item;
Approved as amended, 5-0).
APPROVAL OF MINUTES:
February 17, 2004 - Regular Meeting (Approved as amended, 5-0)
February 24, 2004 - Special Meeting (Approved, 5-0)
February 27, 2004 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing American Red Cross Month - March 2004
PRESENTATIONS:
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15~h Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf Tournament to
benefit Delray Beach Fire Rescue and Police Deparm~ents - Perry DonFrancisco
(Moved to March 16, 2004 Regular Meeting Agenda)
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Recognition and Presentation of Employee Recognition Bonus' to Environmental
Services, Water Tream~ent Plant Employees for developing an alternative cost effective
water treatment process
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
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COMBINED PRELIMINARY/FINAL BOUNDARY PLAT APPROVAL/
TENTH STREET COMMERCE PARK PLAT II: Approve the boundary plat for
the Tenth Street Commerce Park Plat II, a 12-bay mixed industrial and commercial
development, located on the south side of S.W. 10~h Street, approximately 480 feet west
of S.W. lffh Avenue.
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RESOLUTION NO. 18-04: Approve Resolution No. 18-04 assessing costs for
abatement action required to remove nuisances on six (6) properties throughout the
City.
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C. GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND
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LIGHT: Approve a utility easement granting to Florida Power and Light the means to
install/maintain an underground power line on City owned property as a result of the
construction of the parking garage and library.
RESOLUTION NO. 16-04: Consider approval of Resolution No. 16-04 authorizing
the City to transfer and exchange certain real property with the Florida Inland
Navigational District (FIND) and the Delray Harbor Club.
RESOLUTION NO. 19-04: Approve Resolution No. 19-04 supporting legislation
authorizing the installation of traffic infraction detection devices at intersections.
QUIET TITLE/COUNTY PARCELS: Consider authorization to Quiet Title for
six (6) of the seven (7) parcels acquired from Palm Beach County.
AMENDMENT NO. 1/PLAYERS INTERNATIONAL MANAGEMENT,
INC. (PIM) AGREEMENT: Consider approval of Amendment No. 1 to the Players
International Management, Inc. (PIND Agreement providing for a change in the name
of the event and clarification of programs, concessions, and advertising requirements.
CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT:
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Approve and authorize the execution of a funding agreement in the amount of
$15,625.00 with sub-recipient Delray Beach Housing Authority for SEEDTECH
Technology under the Weed & Seed program for FY 2003-2004. Funding is available
from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid).
CHANGE ORDER NO. 2/FINAL PAYMENT/MORA ENGINEERING
CONTRACTORS, INC.: Approve Change Order No. 2 in the amount of a
$4,081.14 decrease, and final payment in the amount of $14,267.78 to Mora Engineering
Contractors, Inc. for the Reclaimed Water Main Construction, High School Site Project.
Funding is available from 441-5181-536-65.96 (Water & Sewer/Reclaimed Water
Transmission).
HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through the Community Development
Division in the amount of $16,091.25 to Craftsman Plus, Inc. (322 S.W. 1st Avenue),
$24,638.25 to Sun Band Builders (402 S.W. 15~h Avenue), and $20,921.25 to Henry L.
Haywood (323 N.W. 4~h Avenue). Funding is available from 118-1924-554-49.19 (SHIP
Housing Rehabilitation Grant).
SPECIAL EVENT REQUEST/6th ANNUAL GARLIC FESTIVAL: Approve a
special event request for the 6~h Annual Garlic Festival to be held November 12-14,
2004, granting a temporary use permit per LDR Section 2.4.6(H) for use of City rights-
of-way (N.E. 1st Avenue from Atlantic Avenue to N.E. 1~t Street and N.E. 2'~*~ Avenue
from the alley just north of Atlantic Avenue to N.E. 1~t Street on November 11m at 6:00
a.m.), and the north side of City Hall parking lot; granting a waiver per LDR Section
4.6.7(D) (3) (j) (ii) to allow signs and banners to be placed more than one week prior to
the event, staff assistance as outlined in the attached letter; contingent upon sponsor
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providing a certificate of insurance, liquor liability insurance, and a hold harmless
agreement.
SPECIAL EVENT REQUEST/SCHOOL SHOWCASE OF THE
ARTS/SOUTH FLORIDA PARENTING BLOCK PARTY: Approve a special
event request to allow the School Showcase of the Arts - South Florida Parenting Block
Party sponsored by the Delray Beach Education Board and South Florida Parenting to
be held on the grounds of Old School Square on April 24 and 25, 2004 from 10:00 a.m.
until 5:00 p.m.; granting a waiver per LDR Section 4.6.7(D)(3)(j)(ii) to allow event
signage to be put up more than one week prior to the event and to authorize staff
support for security and traffic control, trash removal, EMS services, and barricading.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 16, 2004 through March 5, 2004.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Selectron Technologies, Inc. in the amount of $50,400.00
and Sungard HTE, Inc. in the amount of $8,050.00 for a total amount of
$58,450.00 for the purchase of an Interactive Voice Response System, including
software, hardware, and installation. Funding is available from 334-6111-519-
66.10 (General Construction Fund/Software), 334-6111-519-64.11 (General
Consm2ction Fund/Computer Equipment) and 001-2721-524-66.10 (General
Fund/Software).
Purchase award to Fisher Scientific Company in the amount of $44,420.95 via
the Broward Co-op Bid for thirty-five (35) sets of replacement fire fighting
personal protective clothing. Funding is available from 001-2311-522-52.22,
001-2313-522.52.22, and 001-2315-526.52.22 (Uniforms/Linen).
Purchase award to Biosite, Inc. in the amount of $47,500.00 for ten (10)
portable cardiac enzyme detection devices known as the Triage Cardiac System.
Funding is available from 001-2315-526-64.90 (Fire Operations/Other
Equipment).
Various bid awards in the amount of $313,474.00 via the Florida Sheriffs'
Association and State of Florida Contracts for the replacement of City vehicles.
Funding is available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
Bid award to Tanner Industries at an estimated annual cost of $18,550.00 via the
City of Boynton Beach Co-op Bid #035-2821-04/CJD for the purchase of
anhydrous ammonia. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
Contract award to Almazan Brothers, Inc. in the amount of $143,508.00 for the
Alley at Ocean City Lumber Block 84 Water Main and Drainage and Dixie
Highway/S.E. 10m Street Drainage Improvement Project. Funding is available
from 442-5178-536-63.50 (Water Main Upgrades) and 448-5461-538-65.77 (Old
Dixie Highway).
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RESOLUTION NO. 21-04: Approve Resolution No. 21-04 supporting the
nomination of the City of Delray Beach for the Florida League of Cities Florida City of
Excellence Award.
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RESOLUTION NO. 22-04: Approve Resolution No. 22-04 supporting the
nomination of Mayor Jeff Perlman for the Florida League of Cities Mayor of the Year
Award.
RESOLUTION NO. 23-04: Approve Resolution No. 23-04 supporting the
nomination of David T. Harden for the Florida League of Cities City Manager of the
Year Award.
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RESOLUTION NO. 24-04: Approve Resolution No. 24-04 supporting the
nomination of Lula Butler for the Florida League of Cities City Employee of the Year
Award.
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RESOLUTION NO. 25-04: Approve Resolution No. 25-04 supporting the
nomination of David T. Harden for the International City Managers' Association
(ICMA) Award for Career Excellence.
REGULAR AGENDA:
A. APPEAL OF ADMINISTRATIVE INTERPRETATION/HOTEL VISTA
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DEL MAR: Consider an appeal of an administrative interpretation relating to the
Hotel Vista Del Mar Project, located at 64 South Ocean Boulevard. (Quasi-Judicial
Hearing) (PULLED until April 13, 2004 Regular Meeting)
CONDITIONAL USE REQUEST/VILLAS IN THE GROVE: Consider a
request for conditional use approval to allow f-or a density in excess of 30 units per acre
and to allow f-or building height up to 60 feet in the Central Business District (CBD),
for the Villas in the Grove, a proposed mixed-use development, located at the northeast
corner of N.E. 1st Street and N.E. Z~d Avenue (approximately 2.1 acres). (Quasi-
JudicialHearing) (First Motion to approve a density in excess of 30 units per acre based on
positive findings in the staff report; Approved, 5-0. Second Motion to approve building height
up to 60 feet in the CBD based on positive findings in the staff report, with the exception of
condition #4; Approved, 5-0)
RECONSIDERATION OF REQUEST TO REDUCE LIENS/ADM
PROPERTIES, L.L.C BUYERS INVESTMENT GROUP LIMITED, INC.:
Reconsideration of a request from Mr. Jim Drosakis, Director of Real Estate
Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. to
waive liens totaling $8,302.61 assessed for abating nuisances on two (2) vacant lots
located within the second Block of S.W. 11~h Avenue. Staff recommends a partial
waiver and accepting payment of the City's actual out-of-pocket costs, $2,914.49, by
ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. with conditions. (First
Motion to reconsider item; Approved, 5-0. Second Motion to reinstate original waiver
previously approved by Commission on January 13, 2004 and restart 30-day clock regarding
payment of the balance by ADM Properties; Approved, 5-0)
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D. REQUEST TO REDUCE LIENS/ADM PROPERTIES, L.L.C BUYERS
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INVESTMENT GROUP LIMITED, INC.: Consider a request from Mr. Jim
Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers
Investment Group Limited, Inc. to waive the liens totaling $8,077.01 assessed for
abating nuisances and demolition of an unsafe structure on property located at 304 S.W.
Th Street. Staff recommends a partial waiver and that the remaining lien of $4,039.74,
the City's out-of-pocket costs, be paid by ADM Properties, L.L.C. Buyers Investment
Group Limited, Inc. (Motion to approve subject to staff recommendations; Approved, 5-0)
PARKING LICENSE AGREEMENTS: Consider approval of proposed
modifications to the parking license agreements. (Approved, 5-0)
RESOLUTION NO. 13-04: Consider approval of Resolution No. 13-04 providing
for the transfer of real property to the Delray Beach Community Redevelopment
Agency to be utilized for the Renaissance Housing Program. (POSTPONED until
March 16, 2004 meeting and will be a Public Hearing Item)
RESOLUTION NO. 15-04: Consider approval of Resolution No. 15-04 amending
Resolution No. 64-03, FY 2004 Budget Adoption, transferring $1,721,226.00 from the
General Fund (Prior Year Surplus) to the General Construction Fund. (Approved, 5-0)
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD (SCRWTDB) RENEWAL AND REPLACEMENT
RESERVE ACCOUNT: Discuss the difference in balances in the SCRWTDB
Renewal and Replacement Reserve between the City of Delray Beach and Boynton
Beach. (Commission received information on this item only; no action taken)
PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT:
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Discuss the proposed financial assistance agreement with the Palm Beach County Board
of County Commissioners for roadside beautification improvements to Lake Ida Road.
(Motion to authorize staff to reject financial assistance from Palm Beach County; Approved, 5-
0)
ENGINEERING CONSULTING AGREEMENTS: Consider approval of seven
(7) Engineering Consultant Agreements between the City and Mathews Consulting,
Inc.; Hazen & Sawyer, PC; CH2M Hill; Lawson, Noble & Webb, Inc.; Kimley-Horn &
Associates, Inc.; Keith & Schnars, P.A.; and McMahon & Associates for engineering
consulting services. (Mayor passed gavel to Vice-Mayor and left dais. Motion to approve
consulting agreements; Approved, 4-0)
REQUEST FOR PERMIT/WAITER SERVICE/DELRAY BEACH
MUNICIPAL BEACH: Discuss a request for a permit to allow "Waiter Services" on
the Municipal Beach. (Mayor returned to dais. Consensus of Commission to not have
"Waiter Services" on the beach)
DAVIS CUP TIE: Consider approval of an agreement with the United States Tennis
Association (USTA) for the 2004 Davis Cup Tie to be held April 9-11, 2004. (Approved,
5-o)
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GOLF CART USE/PUBLIC HIGHWAYS: Discuss the use of golf carts on public
highways. (Commission directed staff to do more research, check pending legislation, and
check with other cities regarding this item)
REGULATION OF SOLICITORS AND PEDDLERS: Discuss the proposed
draft ordinance regarding the regulation of Solicitors and Peddlers. (Commission directed
staff to proceed with ordinance)
PROPOSAL FOR SETTLEMENT IN CORAL TRACE v. CITY OF DELRAY
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BEACH: Consider a Settlement in Coral Trace v. City of Delray Beach and authorize
the City Attorney's Office to review and file all documents required to conform to the
settlement. (Motion to approve settlement as outlined; Approved, 5-0)
APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint
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one (1) member to the Planning and Zoning Board for an unexpired term ending
August 31, 2005. Based upon the rotation system, the appoinunent will be made by
Mayor Perlman (Seat #5). (Appointed Charles Walker and approved, 5-0)
APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
two (2) regular members to the Nuisance Abatement Board for a two year term ending
March 31, 2006. Based upon the rotation system, the appointments will be made by
Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). (Appointed Susan
Kay and approved, 5-0; and appointed Joe Williams and approved, 5-0)
PUBLIC HEARINGS:
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ORDINANCE NO. 13-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations proposing a
four month moratorium on Adult Arcade Establishments. (Quasi-JudiciM Hearing)
(Approved, 5-0)
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ORDINANCE NO. 18-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced
multiplier benefit option for the Police and Fire Pension Plan. (Approved, 5-0)
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ORDINANCE NO. 17-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Pensions, Section 33.60, "Definitions", clarifying the definition of
earnings to include certain educational supplemental incentive payments and to exclude
certification and other payments. (Approved, 5-0)
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ORDINANCE NO. 16-04: An ordinance amending Chapter 35, "Employees Policies
and Benefits", Section 35.097, "Retirement Income; Basis Amount and Payment", to
provide additional optional forms of benefit. (Approved, 5-0)
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ORDINANCE NO. 19-04: An ordinance amending Chapter 36, "Finance; City
Property Transactions", Section 36.11, "Definitions", to provide for definitions
regarding design-build contracts and enacting a new Section 36.16 "Design Build
Contracts". (Approved, 5-0)
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ORDINANCE NO. 15-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) Chapter 4, "Zoning
Regulations", Section 4.3.3(I), "Community Residential Home ~nd Group Homes" in
order to correct ~n inconsistency created from recent LDR changes regarding the
terminology of residential and non-residential alcohol and drug abuse treaUnent
facilities. If passed, a second public hearing will be scheduled for April 13, 2004.
(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
POSTED: MARCH 5, 2004
******Meeting adjourned at &4Op.m. ******
03-11-2004