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03-19-02 ResultsCity of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, March 19, 2002 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. Bo 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. Co 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 Schmidt postponed Item 9.B, Appeal of Historic Preservation Board Decision/Management Systems, to a date certain of May 7, 2002 due to a request from the applicant; a revision was noted to the exhibit for item .8K, Resolution 28-02; and Item 12.A, Ordinance No. 12-02, will not be conducted as a public hearing. Approved as amended, 5-0) APPROVAL OF MINUTES: · February 26, 2002 - Special Meeting (Approved, 5-0) · March 5, 2002 - Regular Meeting (Approved, 5-0) PROCLAMATIONS: None PRESENTATIONS: A. Delray Camera Club Award Presentation - "Delray Beach All-America City" CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. CONSENT TO ASSIGNMENT/LOXAHATCHEE TRACTOR SERVICES, INC.: Approve Consent to Assignment with Loxahatchee Tractor Services, Inc. which will acquire Blackwell's Tractor Services, Inc. for lot clearing and mowing. RESOLUTION 2?-02: Approve Resolution No. 27-02 authorizing the City to participate in and execute the Local Agency Agreement for a grant for the Downtown Pedestrian Network. FDOT will contribute up to ~;330,000 and the City will contribute ~g46,200. REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING/CONSTRUCTION SERVICES AND CONSULTANTS, INC.: Approve a request to allow one (1) 660 square feet temporary modular building at Construction Services and Consultants, Inc., located at the northeast corner of West Atlantic Avenue and the E-4 Canal (2201 West Atlantic Avenue). AMENDMENT TO THE INTERLOCAL AGREEMENT/SOUTH PALM BEACH COUNTY: Approve an amendment to the Interlocal Agreement for the South Palm Beach County Public Safety Communications Cooperative for the addition of two (2) channels to the existing five (5)-channel Public Safety 800 MHz Radio System. SPECIAL EVENT REQUEST/2002 BUD LIGHT PRO/AM VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2002 Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on May 4 -2- 03-19-2002 and 5,2002. RESOLUTION NO. 25-02: Approve Resolution No. 25-02 and Contract for Sale and Purchase between the City and Michelle Abreu, authorizing the City to purchase property located at 2450 Owens Baker Road in the amount of $126,000, said property consists of approximately .33 acres of land. CONFLICT OF INTEREST WAIVER/JOE GILLIE: Approve a conflict of interest waiver request for Joe Gillie, in regards to the Parking Management Advisory Board. APPOINTMENT OF OUTSIDE COUNSEL/HOFFERT V. CITY OF DELRAY BEACH: Approve appoinunent of Fred Gelston, Esq. and Steve Radford, Esq. to act as outside counsel for the case of Hoffert v. City of Delray Beach at a rate of ~110.00 per hour each. APPOINTMENT OF OUTSIDE COUNSEL/CITY OF DELRAY BEACH: Approve appointment of Robert Federspiel, P.A. to act as outside counsel at a governmental rate of $195.00 per hour for the City of Delray Beach for the acquisition of the Barwick and Tare properties. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 4, 2002 through March 15, 2002. RESOLUTION NO. 28-02: Approve Resolution No. 28-02 authorizing Atlantic High School land acquisition by gift purchase or eminent domain. AWARD OF BIDS AND CONTRACTS: Lease award to Sunshine Golf Car in the amount of ~;3,274.20 for FY 2002, (~;19,654.20 total lease) for three (3) golf carts (special purpose vehicles) to be leased for 36 months and used for the Police Department Volunteer Program. Funding is available from 115-2124-521-49.50 (Crime Prevention). Purchase award to Contemporary Controls and Communications (sole source provider) in the amount of ~;19,808.42 for two (2) Irrinets to computerize irrigation on Linton Boulevard and Congress Avenue. Funding is available from 119-4144-572-64.90 (Other Machinery/Equipment). Purchase award to Sanders Company, Inc. in the amount of ~;26,175.00 for one (1) dry pit/submersible sanitary sewerage pump for Lift Station No. 50. Funding is available from 442-5178-536-64.90 (Other Machinery/Equipment). Purchase award to Dural Ford in the amount of ~;227,812.00 for the purchase of nine (9) police vehicles under the Florida SheriWs Association Contract #01- 09-094. Funding is available from 115-2112-521-64.20 (Police Department Federal Forfeiture Fund). 03-19-2002 Bid award to Palace Laundry, Inc. T/A Linens of the Week in the amount of $20,000.00 (estimated annual usage) for linen rental for the Delray Beach Municipal Golf Course Restaurant. Funding is available from 445-4715-572- 52.22 (Uniforms/Linen Service) Bid award to RLS Lighting, Inc. in the amount of $31,305.00 to replace decorative street furniture for Atlantic Avenue east of the Intracoastal Waterway. Funding is available from 119-4151-572-52.27 for $13,020 (Beautification Trust Fund/Equipment) and 433-3711-534-49.35 for $18,285 (Cart Renewal/Replacement). Purchase award to various vendors in the amount of $65,876.00 for replacement of City vehicles. Funding is available from 501-3312-591-64.20 for $47,422 and 442-5178-536--64.20 for $18,454 (City Garage Account). REGULAR AGENDA: A. APPEAL OF SPRAB DECISION (INSTASIGN): Consider an appeal ora decision of the Site Plan Review and Appearance Board's action regarding Instasign located at 851 SE 6~ Avenue, Suite 103. Quasi-Judicial Hearing (Approved, 5-0) B. APPEAL OF HISTORIC PRESERVATION BOARD DECISION (MANAGEMENT SYSTEMS): Consider an appeal of a decision of the Historic Preservation Board's action regarding Management Systems located at the southwest corner of NE 1st Avenue and NE 2~d Street, Old School Square Historic Arts District. Quasi-Judicial Hearing (POSTPONED until May 7, 2002) REQUEST FOR IN-LIEU PARKING SPACES/ANTIQUE EXPERIENCE: Consider a request by Antique Experience for the purchase of three (3) in-lieu parking spaces in the amount of $36,000. Antique Experience is located on the southeast corner of East Atlantic Avenue and SE 5th Avenue. (Approved, 5-0) DOWNTOWN DELRAY BEACH MASTER PLAN: Consider formal action to adopt the Downtown Delray Beach Master Plan. (Approved to ADOPT, 5-0) CHANGE ORDER NO. 1/MEGAN SOUTH, INC: Consider approval of Change Order No. 1 in the amount of $97,212.82 to Megan South, Inc. for the West Atlantic Avenue Beautification Phase One (1) Project. Funding is available from 370-3162-541- 65.49 (West Atlantic Beautification). (Approved, 5-0) PROPOSAL FOR SETTLEMENT/RAILS v. CITY OF DELRAY BEACH/TACO BELL: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Rails v. City of Delray Beach/Taco Bell case. Staff recommends acceptance. (Approved, 5-0) RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify various appointments to the Kids and Cops Committee for a -4- 03-19-2002 two year term ending November 30, 2003. (Ratified, 5-0) APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2002. Based upon the rotation system, the appoinmaent will be made by Commissioner McCarthy (Seat #4). (Appointed Stanley Warshaw and approved, 5-0) APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board for an unexpired term ending August 31, 2002. Based upon the rotation system, the appoinmaent will be made by Commissioner Perlman (Seat #1). (Appointed James Keavney and approved, 5-0) GLORY AWARDS/COMMUNITY NEIGHBORHOOD HELPING, INC.: 10. 11. 12. 13. Consider approval of the request for the City of Delray Beach to front funds up to ~;10,000 for the Community Neighborhood Helping, Inc. Glory Awards to be held May 11, 2002 with reimbursement from Palm Beach County Commissioner Addle L. Greene. (Approved, 5-0) PUBLIC HEARINGS: RESOLUTION NO. 26-02: Approve Resolution No. 26-02 adopting the final assessment roll, Royal Palm Boulevard Special Assessment District. (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: ORDINANCE NO. 12-02: An ordinance amending the historic designation adopted by Ordinance No. 70-89 "Fontaine Fox House" historic site located on the east and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean Boulevard). (Approved 12-02(A), 5-0; Approved 12-02(t3), 5-0; Approved 12-02(C), 5- 0) ORDINANCE NO. 11-02: An ordinance rezoning from RT (Resort Tourism) to PC (Planned Commercial) for a 2.067 acre parcel of vacant land located at the southwest corner of SE 5~h Avenue and SE 10~h Street for a proposed Washington Mutual Bank and other commercial uses. If passed, a public hearing will be scheduled for April 2, 2002. (Approved, 5-0) COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney 03-19-2002 Co City Commission ~~ Meeting adjourned at $:00p.m. ~~ 03-19-2002