03-16-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, March 16, 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.
2.
3.
4.
ROLL CALL. (Commissioner Archer arrived at 6:18 p.m.)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted revised information for Item 12.A, Ordinance No. 22-04;
Approved as amended, 4-0).
APPROVAL OF MINUTES:
· NONE
PROCLAMATIONS:
A. Recognizing and commending Johnny Haynes - Parks Maintenance Division - Parks
and Recreation Department Employee of the Year for 2003, and Jo Wagenhals -
Ocean Rescue Division and Gail Vanhove - Administration/Recreation Division as
Parks and Recreation Top Employees of the Year 2003
B. Commending multiple medal winners - Delray Beach 2004 Senior Games
C. Macular Degeneration Awareness Week - March 21-27, 2004
PRESENTATIONS:
A. 15m Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf Tournament to
benefit Delray Beach Fire Rescue and Police DeparUnents - Perry DonFrancisco
B. Employee Suggestion Award to Jim Finley, Police Officer
C. "Spotlight on Education" - Mary Stratos, Principal at Carver Middle School
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. FINAL BOUNDARY PLAT APPROVAL/PINEAPPLE GROVE BUILDING:
Approve the boundary plat for the Pineapple Grove Building, located on the northwest
corner of N.E. 2'~ Avenue (Pineapple Grove Way) and N.E. 2'~ Street.
B. ACCEPTANCE OF EASEMENT DEED AND AGREEMENT FOR
SIDEWALK IMPROVEMENTS/JOHN REMUS SERVICES: Approve and
accept a five (5) foot easement deed and approve a 151.67 foot sidewalk deferral
agreement between the City and John Remus Services for S.E. 2'~ Avenue (southwest
corner of S.E. 2'~ Street and S.E. 2'~ Avenue).
RIGHT-OF-ENTRY AGREEMENT/SEACREST/DEL-IDA PHASE IV:
Approve the Right-of-Entry Agreement for 118 N.E. 16~h Court to allow the City or its
contractors to enter onto the owner's property and modify the driveway for the
construction of the splitter island.
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03-16-2004
RESOLUTION NO. 2'/-04: Approve Resolution No. 27-04 urging the United States
House of Representatives and Senate to continue to support beach renourishment
projects.
SERVICE AUTHORIZATION NO. 32/DAVID MILLER & ASSOCIATES,
P.A.: Approve Service Authorization No. 32 to David Miller & Associates, P.A. in the
amount of $15,500.00 for consulting services in developing preliminary analysis and
report preparation for the City Hall Space Study Project. Funding is available from 334-
6112-519-31.30 (General Construction Fund/Engineering & Architectural).
CANCELLATION OF CONTRACT (SAVEMORE UNDERGROUND &
ELECTRICAL SUPPLY CO.)/AWARD OF CONTRACT (FERGUSON
WATER WORKS/MELROSE SUPPLY/LEHMAN PIPE & SUPPLY/
NATIONAL WATERWORKS): Approve cancellation of the contract with
Savemore Underground & Electrical Supply Co. for furnishing of pipe fittings and
accessories due to withdrawal of bid; and award of contracts to Ferguson Water Works,
Melrose Supply, Lehman Pipe & Supply, and National Waterworks, second lo,vest bidders,
for the items. Funding is available from various departmental operating budgets.
SPECIAL EVENT REQUEST/2004 EXCLUSIVE SPORTS MARKETING
VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports
Marketing for the 2004 Exclusive Sports Marketing Volleyball Tournament to be held at
the municipal beach on April 24 and 25, 2004.
SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a
request for special event approval to allow the Easter Sunrise Service to be held April
11, 2004 from 5:30 a.m. until 7:30 a.m., including a temporary use permit per LDR
Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to
Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS
assistance on behalf of the Delray Beach Clergy Association.
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for two (2) eligible applicants/families in the amount of ~g19,235.00 for new
construction on N.W. 4m Avenue and ~g10,600.00 for 819 S.E. 3~ Avenue. This brings
the number to 158 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
March 8, 2004 through March 12, 2004.
AWARD OF BIDS AND CONTRACTS:
Purchase award to PVS Technologies, Inc. in the amount of ~g91,000.00 via the
Broward County Bid #CX01244B1 for ferric chloride for use in the Water
Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer
Fund/Chemicals).
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Purchase award to Otto Industries Systems in the amount of $21,930.00 for the
purchase of garbage carts with lids as a sole source purchase. Funding is
available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement).
Contract award to PureAir Control Service, Inc. in the amount of $78,121.00 via
the State of Florida SNAPS Agreement #9732149-3 for an environmental clean-
up of the air conditioning system at the Police Department. Funding is available
from 334-3162-541-46.10 (General Construction/Building Maintenance).
REGULAR AGENDA:
WAIVER REQUEST/LOT DIMENSION: Consider a request to waive Land
Development Regulations (LDR) Section 4.3.4(K) to reduce the lot frontage, lot width,
and lot size for a proposed lot, located near the northeast corner of S.W. 7h Avenue and
S.W. 3~ Street. (Quasi-JudiciM Hearing) (Approved, 4-0; Mayor Perlman passed the
gavel and left dais due to Conflict of Interest)
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RESOLUTION NO. 26-04: Consider approval of Resolution No. 26-04 authorizing
the Community Redevelopment Agency (CRA) to acquire fee simple title by gift
purchase or eminent domain for property needed for Old School Square expansion,
including additional parking. (Approved, 3-0; Mayor Perlman passed the gavel and left dais
due to Conflict of Interest and Commissioner Costin left dais due to Conflict of Interest)
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RESOLUTION NO. 17-04 (CRA REDEVELOPMENT REVENUE BONDS):
Consider approval of Resolution No. 17-04 authorizing the Community Redevelopment
Agency of the City of Delray Beach to issue Redevelopment Revenue Bonds not to
exceed $12,000,000. (Approved, 4-0; Commissioner Costin returned to dais)
D. AMENDED AND RESTATED LEASE AGREEMENT/LAKE IDA PARK:
10.
Consider approval of the amended and restated lease agreement between the City and
Palm Beach County to extend our current lease for an additional ten (10) years to be
eligible for a Florida Recreation Development Assistance Program (FRDAP) grant for
playground equipment at Lake Ida Park (11m Street). (Approved, 5-0; Mayor Perlman
returned to dais)
RESOLUTION NO. 20-04: Consider approval of Resolution No. 20-04 amending
Resolution No. 88-97, Parking Management Advisory Board (PMAB), to provide for
the Community Redevelopment Agency (CRA), Downtown Development Authority
(DDA), Planning and Zoning Board (P&Z), West Atlantic Redevelopment Coalition
(WARC), and the Chamber of Commerce to appoint an alternate member to the
PMAB. (Approved, 5-0)
PUBLIC HEARINGS:
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. (Approved, 4-0; Mayor
Perlman passed the gavel and left dais due to Conflict of Interest)
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03-16-2004
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:
ORDINANCE NO. 22-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover
Distributions", providing a mechanism for the roll over of 457 and 401 funds where
applicable. If passed, a public hearing will be scheduled for April 13, 2004. (Approved,
5-0; Mayor Perlman returned to dais)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 12, 2004
Meeting adjourned at Z'lOp.m. ******
03-16-2004