04-16-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, April 16, 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.
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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 Schmidt postponed Item 12.A, Ordinance No. 13-02, to a date
certain of May 7, 2002 due to a request from the applicant; noted the addition of Regular Agenda Item -
9.J - Request for Funding/Haitian American Community Council, Inc.; and removal of Consent Agenda
Item 8E - Change Order No. 3/Final Payment/Florida Blacktop, Inc.; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· March 28, 2002 - Annual Organizational Meeting (Approved, 5-0)
· April 9, 2002 - Special Meeting (Approved, 3-0; Commissioner McCarthy and
Commissioner Archer abstained)
PROCLAMATIONS:
Recognizing and commending Jewish War Veterans National Commander - Bernard
Becket
Bicycle Month - May 2002
Civility Month - May 2002
PRESENTATIONS:
13~h Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf Tournament to
benefit Delray Beach Fire Rescue and Police DeparUnents.
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/FORMAN OFFICE:
Acceptance of right-of-way dedication associated with Forman Office Building, located
on the west side of N.E. 1st avenue, between N.E. 3~ Street and N.E. 4~h Street (334
N.E. 1st Avenue).
B. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-01:
Formally initiate Comprehensive Plan Amendment 2002-01 pursuant to Section 9.2.1 of
the Land Development Regulations.
FEC RAILWAY AGREEMENT: Approve the agreement between the City of
Delray Beach and FEC Railway for the construction and maintenance of the railroad
crossing and crossing signals for NE 8~h Street.
RATIFICATION OF PERFORMANCE MEASURES FOR GOLF COURSES
AND TENNIS FACILITIES: Approve proposed performance measures for FY
2001-2002 for the Municipal Golf Course, Lakeview Golf Course, and Tennis facilities.
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04-16-2002
CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. 3 in the amount of $15,781.36 and final payment in the
amount of $56,229.52 to Florida Blacktop, Inc. for completion of SE/SW Area
Infrastructure Improvements Project. Funding is available from 370-3162-541-65.45
(2000 Roadway Bond SE/SW Area).
CONTRACT ADDITION/CHAZ EQUIPMENT, INC.: Approve a Contract
Addition (C.O. #1) to the N.E. 4~h Street Widening Project in the amount of $66,800.00
to Chaz Equipment, Inc. to add wet well rehabilitation at Lift Station seventeen (17) and
access hatch replacement. Funding is available from 442-5178-536-61.83 (Lift Station
Rehabilitation).
CHANGE ORDER NO. 3/FINAL PAYMENT/MURRAY LOGAN
CONSTRUCTION, INC.: Approve Change Order No. 3 in the amount of $2,464.00
and final payment in the amount of $83,262.00 Murray Logan Construction, Inc. for the
Rehabilitation of Lift Station 31 project. Funding is available from 442-5178-536-61.83
(Lift Station Rehabilitation).
SERVICE AUTHORIZATION NO. 5.1/CH2M HILL: Approve Service
Authorization No. 5.1 in the amount of $192,007.00 to CH2M HILL for final design
and permitting of the Anion Exchange water trean~nent project. Funding is available
from 442-5178-536-63.87 (Anion Exchange Project).
RESOLUTION NO. 32-02: Approve Resolution No. 32-02 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
821 S.W. 10~h Avenue.
RESOLUTION NO. 33-02: Approve Resolution No. 33-02 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
301 S.E. 6~h Avenue.
RESOLUTION NO. 34-02: Approve Resolution No. 34-02 assessing costs for
abatement action required to remove nuisances on twelve (12) properties throughout
the City.
RESOLUTION NO. 35-02: Approve Resolution No. 35-02 assessing costs for
abatement action necessary to remove junked and/or abandoned vehicles from four (4)
properties within the City.
(MOVED TO REGULAR AGENDA AS ITEM 9I)
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant,contract award through Community Development
Division in the amount of $25,000.00 to Henry Haywood (514 S.W. 15~h Avenue).
Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
04-16-2002
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 1, 2002 through April 12, 2002.
AWARD OF BIDS AND CONTRACTS:
Lease award to Saturn of Delray in the amount of $7,685.72 for FY 2002,
($73,014.34 total lease) for seven (7) vehicles to be leased for thirty-eight (38)
months and used for the Police Deparn-nent Volunteer Program. Funding is
available from 001-2113-521-44.40 (Vehicle Rental/Lease).
REGULAR AGENDA:
WAIVER REQUEST/COMBINATION OF ADJOINING LOTS: Consider a
waiver request to LDR Section 4.1.4(C) which requires the combination of adjoining
lots of record which do not individually meet minimum lot requirements for Lot 6,
Block 1, Del-Ida Park, located on the north side of NE Th Street, approximately 160'
east of North Swinton Avenue. Quasi-Judicial Hearing (Approved, 5-0)
SUPPORT OF U.S. POST OFFICE/DOWNTOWN DELRAY BEACH:
Consider a request from Pineapple Grove Main Street, Inc. to support retaining a full-
scale, retail post office in Pineapple Grove that serves downtown Delray Beach.
(Consensus to support retaining Downtown Post Office, 5-0)
C. PARTICIPATION IN THE MUNICIPAL PUBLIC SAFETY
COMMUNICATIONS CONSORTIUM: Consider adopting a resolution for the
$12.50 traffic monies to be provided to the Municipal Public Safety Communications
Consortium. (Approved to WITHDRAW from the consortium, 5-0)
CITRUS CANKER LAWSUIT PARTICIPATION: Consider a request for the City
of Delray Beach to participate in a lawsuit to challenge the new statute concerning citrus
canker with expenses to be shared with Broward County. (Direction to City Attorney to
assist with the litigation; no formal action taken)
METRON-FARNIER, LLC: Consider authorization to cancel the Metron-Farnier
contract for the large Touch Pad System water meters due to defectiveness and file suit
to recover a portion of the monies spent. (Approved to file suit, 5-0)
PROPOSAL FOR SETTLEMENT IN FASHAW v. CITY OF DELRAY
BEACH: Consider acceptance of proposal for settlement subject to the receipt of
appropriate releases in the Fashaw v. City of Delray Beach case. Staff recommends
acceptance. (Approved, 5-0)
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2003. Based upon the rotation system, the appointment will be made by Mayor
Schmidt (Seat #5). (Appointed Samuel Resnick and approved, 5-0)
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04-16-2002
H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
10.
11.
12.
13.
(1) alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2004. Based upon the rotation system, the appoinn~nent will be made by
Commissioner McCarthy (Seat #4). (Appointed Andrew Youngross and approved, 5-0)
AUTHORIZATION TO CLOSE/BARWICK PROPERTIES: Consider
authorizing staff to close on Barwick properties parcel seventeen (17) and parcel
eighteen (18). (Approved, 5-0)
REQUEST FOR FUNDING/HAITIAN AMERICAN COMMUNITY
COUNCIL, INC.: Consider approval of the request for the City of Delray Beach to
front funds up to $10,000 for the Haitian American Community Council Caribbean-
American Music Festival to be held June 1, 2002 with reimbursement from Palm Beach
County Commissioner Addle L. Greene. (Approved, 5-0)
PUBLIC HEARINGS:
A. NONE
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. 13-02: An Ordinance amending the historic designation adopted
via Ordinance No. 70-89 for the "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). If passed, a quasi-judicial hearing will be held on May 7,
2002. (POSTPONED until May 7, 2002)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at Z'5O p.m. ******
04-16-2002