05-21-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, May 21, 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. (Commissioner McCarthy absent)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor $chmidt postponed Item 12.A, Ordinance No. 13-02(A); noted
the addition of two (2) contracts to Regular Agenda Item - 9.E - Purchase of Breezy Ridge Properties;
and removal of Consent Agenda Items 8.D - Change Order No. 1/Final Payment/Florida Blacktop,
Inc. and Item 8.E - Change Order No. 3/Final Payment/Horida Blacktop, Inc.; Approved as amended,
4-0)
APPROVAL OF MINUTES:
· May 7, 2002 - Regular Meeting (Approved, 4-0)
· May 14, 2002 - Special Meeting (Approved, 4-0)
PROCLAMATIONS:
· None
PRESENTATIONS:
A. Glory Awards Presentation - Edith Thompson
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS:
Ratify the list of appointees to the Old School Square Board of Directors as of May 1,
2002.
B. AMENDMENT TO NPDES INTERLOCAL AGREEMENT: Approve
amendment to the National Pollutant Discharge Elimination System (NPDES)
agreement for the extension of the term from September 30, 2002 until September 30,
2004
AUTHORIZATION TO INCREASE CONTRACT: Authorize and approve an
increase to the current 4~h Beach Renourishment contract in the amount of $22,536.40
for beach tilling purposes.
CHANGE ORDER NO. 1/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. 1 in the amount of $25,106.17 and final payment in the
amount of $73,313.37 to Florida Blacktop, Inc. for completion of NE/NW Area
Infrastructure Improvements Project. Funding is available from 370-3162-541-65.44
(2000 Roadway Bond NE/NW Area). (REMOVED)
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05-21-2002
CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. 3 in the amount of a $46,281.36 decrease, and final
payment in the amount of $25,729.52 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). (REMOVED)
CHANGE ORDER NO. 1/FINAL PAYMENT/REPUBLIC
CONSTRUCTION AND DEVELOPMENT CORPORATION, INC.: Approve
Change Order No. 1 in the amount of a $3,754.51 reduction, and final payment in the
amount of $7,530.59 to Republic Consmnction and Development Corporation, Inc. for
completion of the Merritt Park Restroom Facility project. Funding is available from
118-1965-554-63.40 (Recreation Improvements).
CONTRACT ADDITION/COLONNA CONSTRUCTION CO., INC.:
Approve a Contract Addition (C.O. #1) to the Community Improvement Sidewalks
Project in the amount of $98,925.00 to Colonna Construction Co., Inc. for the
consmnction of sidewalks, concrete driveway aprons, and sodded swales to add
sidewalks in Delray Shores and handicapped ramps on A-1-A. Funding is available
from 334-3162-541-63.11 for $6,450.00 (General Construction Fund/Bike paths and
Sidewalks) and from 334-6111-519-63.89 for $92,475.00 (General Construction
Fund/Neighborhood Enhancements).
SPECIAL EVENT REQUEST/13th ANNUAL HARVEST FEST: Approve a
special event request to hold the 13~h Annual Harvest Fest on November 16~h and 1Th,
2002 from 10 a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park,
waiver of the 2-hour parking limits at various parking lots, staff support for security,
traffic control and event signage.
RESOLUTION NO. 42-02: Consider approval of Resolution No. 42-02 authorizing
the City to purchase property for first time home buyers located along the east side of
S.W. 5m Avenue just north of S.W. 2'~ Street and Contract for Sale and Purchase
between the City and the Estate of Isadora Brady in the amount of $4,700.00.
RESOLUTION NO. 43-02: Consider approval of Resolution No. 43-02 authorizing
the City to purchase property for first time home buyers located along the south side of
S.W. 2~d Terrace and between S.W. Th and S.W. 8~h Avenue and Contract for Sale and
Purchase between the City and James M. Clark in the amount of $9,500.00.
RESOLUTION NO. 45-02: Approve Resolution No. 45-02 assessing costs for action
necessary to remove junked and/or abandoned vehicles from five (5) properties within
the City.
MOVED TO REGULAR AGENDA AS ITEM 9.K
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 6, 2002 through May 19, 2002.
05-21-2002
N. ACCEPTANCE OF EASTMENT DEED/BROOKFIELD COMPANY:
Approve and accept an easement deed granting to the City the means to maintain a
sidewalk and utilities along Fisher Lane that will be consmncted by the developer.
O. AWARD OF BIDS AND CONTRACTS:
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Bid award to multiple vendors for the purchase of road construction materials
for the City, via the Palm Beach County Co-op Bid #2002-09 at an estimated
annual cost of $93,206.12. Funding is available from streets division and
consmnction division operating budget and capital project accounts.
Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm
Beach County Bid #01-078/CC for an annual cost of $21,961.00. Funding is
available from various departments' operating expense budgets.
Purchase award to Kilpatrick Turf Equipment for the purchase of one
Jacobsen F1 2500 Fairway Mower via the Palm Beach County Bid #01-
087/VMG in the total amount of $30,128.00. Funding is available from 445-
4761-572-64.90 (Other Machinery/Equipment).
REGULAR AGENDA:
EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/
COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider approval of an
extension of a conditional use to expand the existing Community Primitive Baptist
Church, which is located north of West Atlantic Avenue, between N.W. lffh Avenue
and N.W. 11~h Avenue. (Quasi-Judicial Hearing) (Approved, 4-0)
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SPECIAL EVENT/JAZZ AND BREW FESTIVAL: Consider a request for special
event approval for the Jazz and Brew Festival to be held on March 22, 2003, including
temporary use permit, staff support, use of City equipment, and consideration of
waiving overtime costs. (Approved with City Manager's recommendation of no EMS on site,
less police officers and scholarships for Delray residents/students, 4-0)
C. REQUEST TO EXTEND PALM BEACH COUNTY RESIDENT RATE
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CATEGORY/MUNICIPAL GOLF COURSE: Consider a request to extend the
rate category at the Municipal Golf Course for Palm Beach County Residents.
(Approved, 4-0)
PARTICIPATION IN NEW COURTHOUSE PARKING STRUCTURE:
Consider a request to pay additional costs in the amount of $334,000 to allow for future
additional parking at the Courthouse/Library parking garage. (Approved, 4-0)
PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of contract
for the purchase of three (3) Breezy Ridge properties. (Approved, 4-0)
PROPOSAL FOR SETTLEMENT/PRATT v. CITY: Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Pratt v. City
of Delray Beach case. Staff recommends acceptance. (Approved, 4-0)
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05-21-2002
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APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board to fill an unexpired term ending
January 14, 2003. Based upon the rotation system, the appoinnnent will be made by
Mayor Schmidt (Seat #5). (Appointed Andrew Youngross and approved, 4-0)
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
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one (1) member to the Historic Preservation Board for an unexpired term ending
August 31, 2003. Based upon the rotation system, the appoinnnent will be made by
Commissioner Archer (Seat #2). (Appointed William Branning and approved, 4-0)
APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint one (1) re£~/ar member and one (1) alternate member to the Public Employees
Relations Commission (PERC) for a term ending June 30, 2006. Based upon the
rotation system, the regular appoinnnent will be made by Commissioner McCarthy (Seat
#4)) and the alternate appointment will be made by Mayor Schmidt (Seat #5).
(Appointed Dinah Stephenson as regular member and approved, 4-0; Appointed Edward
Desmond as alternate member and approved, 4-0)
APPOINTMENTS TO THE POLICE AND FIREFIGHTERS
10.
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to
the Police and Firefighters Retirement System Board of Trustees to fill a two (2) year
term ending June 30, 2004. Based on the rotation system, the appointment will be made
by Commissioner McCarthy (Seat #4). (Appointed Harry Hamilton and approved, 4-0)
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a
request for special event approval and endorse the Art & Jazz on the Avenue scheduled
for June 27, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per
LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7th
Avenue, the south side of Atlantic Avenue from NE 7th Avenue to just past the Blue
Anchor Pub, Railroad Drive from Atlantic Avenue to NE 1st Street, NE 2nd Avenue
from Atlantic Avenue to NE 2nd Street, and to authorize staff support for security and
traffic control, banner hanging and removal, barricade set-up and removal, trash
removal and clean up, and use/set-up of City stages. (Approved with $6,500 cap on
overtime, 4-0)
PUBLIC HEARINGS:
ORDINANCE NO. 13-02: An ordinance amending the historic designation adopted
via Ordinance No. 70-89 and Ordinance No. 70-90 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). (Quasi-Judicial Heating)
(POSTPONED)
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ORDINANCE NO. 14-02: An ordinance amending Chapter 71 of the City Code of
Ordinances by enacting Section 71.092 "Immobilization of vehicles by the City to
collect outstanding parking fines". (Approved, 4-0)
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11.
12.
13.
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. 15-02: An ordinance amending Chapter 51 of the Code of
Ordinances, "Garbage and Trash" to provide conformity with the franchise agreement
between BFI and the City of Delray Beach and state laws. If passed, a public hearing
will be held on June 4, 2002. (Approved, 4-0)
ORDINANCE NO. 17-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", of the Code of Ordinances to provide for dividing retirement plan costs
between the City and participants in the International Conference of Firemen and
Oilers Bargaining Unit as provided in their Collective Bargaining Agreement with the
City. If passed, a public hearing will be held on June 4, 2002. (Approved, 4-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjousned at Z'15 p.rn. ******
05-21-2002