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06-18-02 Results
City of Delray Beach Regular Commission Meeting ***AGIZNDA RESULTS*** Tuesday, June 18, 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 noted the addition of Item 8.L, City of Delray Beach/Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) Agreement, and Item 8.M, Amendment No. 1/Delray Beach Housing Authority Agreement, to the agenda and requested Item 8.H, Amendment to City Commission/Quasi-Judicial Rules, be moved to the regular agenda as item 9.A.A. Item 6.B, "I Have A Dream Foundation" to be placed on the July 2, 2002 agenda.; Approved as amended, 5-0) APPROVAL OF MINUTES: · June 11, 2002 - Special Meeting (Approved, 5-0) PROCLAMATIONS: National Homeownership Week-June 23 -29, 2002 PRESENTATIONS: Legislative Session Update - Representative Anne Gannon Feed The Family - SW/NW Presidents Association Aid to Victims of Domestic Abuse (AVDA) - Commissioner McCarthy CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) CONSENT TO ASSIGNMENT/SCIENCE APPLICATIONS INTERNATIONAL CORPORATION: Approve Consent to Assignment with Science Applications International Corporation which will acquire Fusive. Com, Corporation for consulting services for the City of Delray Beach Website. AMENDMENT NO. 1/SOLID WASTE AUTHORITY AGREEMENT: Approve Amendment No. 1 to the interlocal agreement between the City of Delray Beach and Palm Beach County for funding of hazardous materials emergency response services. RESOLUTION NO. 52-02: Approve Resolution No. 52-02 supporting an amendment to the State Constitution repealing the provision that requires the development and operation of a statewide High Speed Rail System. WATER SERVICE AGREEMENT: Approve the water service agreement for the marketplace of Delray Plaza, located at the northwest corner of West Atlantic Avenue and Military Trail. -2- 06-18-2002 E. SERVICE AUTHORIZATION NO. 10/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 10 to Mathews Consulting, Inc. for the design of LWDD L-33 Canal Culvert from Coral Trace Boulevard to the LWDD E-4 Canal in the amount of $80,300.00. Funding is available from 334-6120-519-31.90 (General Construction Fund/Other Professional Services). SERVICE AUTHORIZATION NO. 2/SPATIAL FOCUS, INC.: Approve Service Authorization No. 2 to Spatial Focus, Inc. for the creation of an address repository in the amount of $16,850.00. Funding is available from 001-2911-519-31.90 (General Fund/Other Professional Services) and 448-5411-538-31.90 (Stormwater Utility Fund/Other Professional Services). SPECIAL EVENT REQUEST/AVDA 5K WALK: Approve a special event request to allow the 4~h Annual Aid to Victims of Domestic Abuse (AVDA) 5K Walkathon to be held on Saturday, October 26, 2002 from 7:30 a.m. until completed, including temporary use permit, waiver of parking fees, and staff support for traffic control with the sponsor paying all overtime costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. (MOVED TO ITEM 9.A.A ON THE REGULAR AGENDA) REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 3, 2002 through June 14, 2002. RFP/BARWICK PROPERTIES: Approve Master Development Plan request for the proposal for Barwick Properties. AWARD OF BIDS AND CONTRACTS: Contract award to Chaz Equipment, Inc. in the amount of $229,933.30 for the construction of the Swinton Gardens Infrastructure Improvements. Funding is available from 118-1965-554-60.24 for $98,115.00 (Water/Sewer Improvements) and 118-1922-554-63.90 for $131,818.30 (Other Improvements). Service award to Pressure Cleaning Services, Inc. (sole service provider) in the total amount of $26,550.00 for the cleaning (descaling) of Clarifier #2 and #3 at the Water Trealxnent Plant. Funding is available from 441-5122-536-34.90 (Water Trealxnent & Storage/Other Contractual Services). CITY OF DELRAY BEACH/EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. AGREEMENT: Approve an agreement in the amount of $20,500.00 for funding and acceptance of funds between the City of Delray Beach and Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) for a period of January 1, 2002 through September 30, 2002. 06-18-2002 AMENDMENT NO. 1/DELRAY BEACH HOUSING AUTHORITY FUNDING AGREEMENT: Approve Amendment No. 1 to the funding agreement between the City of Delray Beach and Delray Beach Housing Authority for an additional amount of $22,500.00 for program expenses. REGULAR AGENDA: SPECIAL EVENT REQUEST & RESOLUTION NO. 44-02/ROOTS CULTURAL FESTIVAL: Consider a request for special event approval to allow the 25~ Annual Roots Cultural Festival to be held between May 16, 2002 and August 11, 2002, and approve Resolution No. 44-02 in support of the event. (Approved with staff recommendations, 5-0) A.A AMENDMENT TO CITY COMMISSION/QUASI-JUDICIAL RULES: Approve revisions to the City Commission and Quasi-Judicial Rules. (Not effective until July 2, 2002; approved, 5-0) VIA MAGAZINE: Consider approval of a request to purchase an ad in the amount of $525.00 from VIA Magazine promoting PENCIL (Public Education Needs Civic Involvement In Learning) and PFAD (Principal For A Day). (Approved, 5-0) METRON-FARNIER, L.L.C.: Consider authorization to settle with Metron- Famier, L.L.C. regarding the Touch Pad System associated with the large water meters. (Approved, 5-0) APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members and one (1) alternate member to the Civil Service Board for a two (2) year term ending July 1, 2004. Based upon the rotation system, the regular appoinn-nents will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). The alternate appointment will be made by Commissioner Perlman (Seat #1). (Appointed Leonard Friedman as Regular Member and approved, 5-0; appointed Morris Weintraub as Regular Member and approved, 5-0; appointed Murray Gold as Alternate Member and approved, 5-0) E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2004. Based upon the rotation system, the appoinn-nent will be made by Commissioner Perlman (Seat #l). (Appointed Joe Federman and approved, 5-0) APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Appoint one (1) person to the Community Redevelopment Agency Board for a four (4) year term ending July 1, 2006. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). (Appointed Robert Costin and approved, 5-0) -4- 06-18-2002 G. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: 10. 11. Appoint four (4) members to the Downtown Development Authority for a three (3) year term ending July 1, 2005. Based on the rotation system, the appoinn~nents will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). (Appointed Rita Ellis and approved, 5-0; appointed Richard Sheremeta and approved, 5-0; appointed Louis Carbone and approved, 5-0; appointed Richard Mc©loin and approved, 5-0) APPOINTMENT TO THE EDUCATION BOARD: Appoint five (5) regular members to the Education Board for a two (2) year term ending July 31, 2004. Based on the rotation system, the appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). (Appointed Catherine Lewis and approved, 5-0; appointed Cheryl Lee-Bennett and approved, 5-0; appointed Saralyn Buzen and approved, 5-0; appointed Leonard Mitchell and approved, 5-0; appointed James Kemp and approved, 5-0) PUBLIC HEARINGS: ORDINANCE NO. 18-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.12 Planned Commercial (PC) District to add Private Schools as a Conditional Use and Section 4.3.3 "Special Requirements for Specific Uses" to provide certain regulations for private schools. (Approved, 5-0) ORDINANCE NO. 19-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations to allow Public Educational Facilities of the School District of Palm Beach County in all residential zoning districts as a Principal (permitted) use. If passed, a second public hearing will be scheduled for July 2, 2002. (Approved to DENY ordinance, 5-0) ORDINANCE NO. 20-02: An ordinance amending Future Land Use Map from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on the east side of Venetian Drive, approximately 278 feet south of East Atlantic Avenue. (Quasi-JudiciM Hearing) (Approved, 5-0) ORDINANCE NO. 21-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on the west side of Gleason Street, approximately 193 feet south of East Atlantic Avenue. (Quasi-JudiciM Hearing) (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. 06-18-2002 12. FIRST READINGS: 13. ORDINANCE NO. 22-02: An ordinance amending Title VII, Chapter 71 of the City Code of Ordinances "Parking Regulations". If passed, a public hearing will be scheduled for July 2, 2002. (Approved, 5-0) Bo ORDINANCE NO. 23-02: An ordinance amending Chapter 35 of the City Code of Ordinances by enacting Section 35.056 "Designation of Personnel as Critical to Security". If passed, a public hearing will be scheduled for July 2, 2002. (Approved, 5-0) COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 06-18-2002