03-05-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, March 5, 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Pompey Park
Recreation Center
1101 NW 2"0 Street
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. (Commissioner Perlman absent)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (City Attorney noted a correction to Item 10 t3, Ordinance No. 6-02 is not
a quasi-judicial hearing, approved as amended, 4-0)
APPROVAL OF MINUTES:
· February 19, 2002 - Regular Meeting (Approved, 4-0)
PROCLAMATIONS:
· Days of Remembrance-Holocaust
· Recognizing and designating April 2002 as "Read Together Palm Beach County Month"
PRESENTATIONS:
A. 2000/2001 Comprehensive Annual Financial Report - Ernst & Young
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. CLEARBROOK HOMEOWNERS ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
Clearbrook Homeowners Association for Community Policing on its property.
LICENSE AGREEMENT/FLORIDA TELEPORT, INC.: Approve of a license
agreement between the City and Florida Teleport, Inc. (FTI) for the construction of a
pipeline across the Intracoastal Waterway.
COMMAND SECURITY CORPORATION AGREEMENT: Approve an
agreement between the City and Command Security Corporation for off-duty police
work for the City's Police Department.
JOINT APPLICATION DEVELOPMENT AGREEMENT/GOVERNMENT
TECHNOLOGY RESOURCES, INC.: Approve an agreement between the City and
Government Technology Resources, Inc. for the development of a web-enabled
software package for Community Improvement in the amount of $25,000. Funding is
available from 334-6112-519-66.10 (Software).
LANDSCAPE MAINTENANCE AGREEMENT/THE ESTUARY II: Approve
a landscape maintenance agreement between the City of Delray Beach and Scott Porten
for The Estuary II, located on Royal Palm Boulevard, east of North Federal Highway.
TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve
additional turtle monitoring services with John Fletemeyer associated with the 4~h Beach
Renourishment project in the amount of $13,680 for a total project cost of $27,304.20.
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Funding is available from 332-4164-572-34.90 (Other Contractual Services).
RESOLUTION NO. 18-02: Approve Resolution No. 18-02 assessing costs for action
necessary to abate nuisances on twenty-five (25) properties throughout the City.
CHANGE ORDER NO. 2/FINAL PAYMENT/WEEKLEY ASPHALT
PAVING, INC.: Approve Change Order No. 2 in the amount of $29,831.07 and final
payment in the amount of $29,977.83 to Weekley Asphalt Paving, Inc. for the
completion of the 2000 Road Bond Resurfacing project. Funding is available from 370-
3162-541-65.40 (2000 Roadway Bond/Resurfacing).
CHANGE ORDER NO. 1/FUSIVE (CITY WEB SITE): Approve Change Order
No. 1 in the amount of $42,263.00 for professional services by Fusive for the next phase
of the development of the City's official website. Funding is available from 334-6111-
519-31.90 (Other Professional Services).
CONTRACT ADDITION/LINE-TEC, INC.: Approve a contract addition for water
service relocations for three separate areas within the City of Delray Beach to Line-Tec,
Inc. in the amount of $23,300. Funding is available from 442-5178-536-65.50 for
$11,800.00 (SE-SW Area) and 442-5178-536-61.78 for $11,500.00 (Water District
Improvements).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
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Accept the actions and decisions made by the Land Development Boards for the period
February 18, 2002 through March 1, 2002.
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HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve to
rescind Housing Rehabilitation grant,contract award to Hatcher Consn-uction for non-
performance and re-award to South Florida Construction (44 NW 8~h Avenue) through
Community Development Division in the amount of $21,483.00 to South Florida
Consn-uction. Funding is available from 118-1924-554-49.19 (SHIP Housing
Rehabilitation Grant).
M. AWARD OF BIDS AND CONTRACTS:
Approve purchase from Maroone Ford in the amount of $16,021.36 in repair
services for police vehicle #0007. Funding is available from 501-3311-591-
52.52.
REGULAR AGENDA:
REQUEST FOR IN-LIEU PARKING SPACES/MANAGEMENT SYSTEMS:
Consider a request by Management Systems for the purchase of three (3) in-lieu parking
spaces in the amount of $18,000. Management Systems is located on the southwest
corner of NE 1st Avenue and NE 2'~ Street in the Old School Square Historic Arts
District (OSSHAD). (Approved, 4-0)
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IN-LIEU OF PARKING FEE AGREEMENT/OUTSIDE THE BOX, INC.:
Consider a request from Outside The Box, Inc. to enter into an in-lieu of parking fee
agreement for two (2) parking spaces previously approved for Caf~ Veri Amici, located
at 189 NE 2~d Avenue. (Approved, 4-0)
MODIFICATIONS TO CONTRACT FOR FUNDING RELATING TO THE
10.
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4th BEACH NOURISHMENT PROJECT: Consider approval of the modifications
to the contract for the 4~h Beach Renourishment project to include an additional 100,000
cubic yards of sand material to be placed on the beach to accommodate erosion losses
since the project design. (Approved, 4-0)
GRAFFITI REMOVAL/OCEAN BOULEVARD: Consider policy for removal of
graffiti located on the east side sidewalk along Ocean Boulevard. (Consensus of the City
Commission that they are comfortable with the current policy at this time)
HIGHLAND BEACH RESIDENTS/TENNIS CENTER RATES: Consider
approval of a reduced non-resident membership rate at the Delray Beach Tennis Center
for residents of the Town of Highland Beach. (Approved, 3-1; Commissioner Levinson
dissenting)
REQUEST TO REDUCE LIENS/CHARLES RIDLEY: Consider a request from
Mr. Charles Ridley to waive the interest and administrative fees in the amount of
$2,694.47 assessed for a building demolition on property he inherited. One property is
located at 137 SW 12~h Avenue and a vacant lot located at 110 SW 12~h Avenue. Mr.
Ridley is prepared to pay the remaining lien of $4,891.56, which includes all of the City's
out-of-pocket expenses, plus fees and interest on all nuisance abatement liens.
(Approved, 4-0)
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DOCKING LICENSE/LADY LUCILLE CRUISES: Consider a request from
Lady Lucille Cruises for a license to operate from Veterans Park up to 12 times per year.
(Approved to DENY request, 4-0)
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APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Appoint Terrill Collete
Pybum, Esq. for the position of Assistant City Attorney I effective March 11, 2002.
(Approved, 4-0)
APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to fill an unexpired term ending July 31, 2002. Based
on the rotation system, the appointment will be made by Mayor Schmidt (Seat #5).
(Appointed Cheryl Lee-Bennet and approved, 4-0)
PUBLIC HEARINGS:
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ORDINANCE NO. 8-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Appendix
"A" Definitions to add a definition for bedrooms. (Approved, 3-1; Commissioner Archer
dissenting)
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ORDINANCE NO. 6-02: An ordinance amending the Future Land Use Map (small
scale) from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac)
for a 0.763 acre parcel of land for Palm Grove Village, located at the northeast corner of
Royal Palm Boulevard and North Federal Highway. (Approved, 4-0)
ORDINANCE NO. 7-02: An ordinance rezoning from GC (General Commercial) in
part, RM (Multiple Family Residential-Medium Density) in part, and RL (Multiple
Family Residential-Low Density) in part to PRD (Planned Residential Development) for
4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm
Boulevard, east of North Federal Highway. (Quasi-Judicial Hearing) (Approved, 4-0)
ORDINANCE NO. 9-02: An ordinance amending Land Development Regulations
Section 5.3.1.(D)(4)(a) changing appeals of required right-of-way dedications from the
Board of Construction Appeals to the City Commission. (Approved, 4-0)
ORDINANCE NO. 10-02: An ordinance amending Ordinance No. 59-01 to make
clear the intent of that ordinance that suits against the City will also cause extensions on
development approvals. (Approved, 4-0)
11.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FROM THE
12.
13.
FIRST READINGS:
None
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 7:30p.m. ******
03-05-2002