09-19-01 ResultsCity of Delray Beach
Regular Commission Meeting
**AGENDA RESULTS**
*** WEDNESDAY ***
September 19, 2001
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.
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.
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. (Approved 5-0. Mayor noted the addition o/Item 6. C, Nation
Race Equality Day~ Item 8. G, Award o~ Bids and Contracts, Item 8.H~ InterIocaI
Agreements v~tb the CRA, and Item 8.I~ Reconsideration o/Hotel Dd Mar Vista)
APPROVAL OF MINUTES:
· September 4, 2001 - Regular Meeting (Approved 5-0)
PROCLAMATIONS:
A. Breast Cancer Awareness Month - October 2001
& Mammography Day - October 19, 2001
B. Head Start Awareness Month - October 2001
C. National Race Equality Day - September 19, 2001
PRESENTATIONS:
A. Legislative Issues - Representative Bill Andrews, Representative Anne Gannon and
Representative Richard Machek
B. Government Finance Officers Association Distinguish Budget Award presented to the City
of Delray Beach for FY 2000-2001
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended 5-0)
RELEASE/CANCELLATION OF WATER SERVICE AGREEMENT (1710-
1800 N. FEDERAL HIGHWAY: Approve the release and/or cancellation of a Water
Service Agreement for property located at 1710-1800 North Federal Highway (fka
Arrow Trailer Park), said property has been annexed into the City and is connected to
City water and sewer.
B. REQUEST TO ALLOW A TEMPORARY MODULAR
BUILDING/MAROONE FORD: Approve a request to allow a temporary modular
building at Maroone Ford, located at the northwest corner of Linton Boulevard and
Wallace Drive (1311 Linton Boulevard), for use as omces for a period of one (1) year
while building improvements are constructed.
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09-19-01
C. CLOSEOUT CHANGE ORDER # 1 & FINAL PAYMENT /CHAZ
EQUIPMENT (ROYAL PALM BOULEVARD): Approve closeout Change Order
# 1 in the net deduct amount of $3,716.00 and final payment in the amount of
$20,051.00 to Chaz Equipment for the Royal Palm Boulevard Paving and Drainage
Improvements. Funding is available from 448-5461-538-65.04 (Stormwater Utility-
Royal Palm Boulevard).
RESOLUTION NO. 58-01: Approve Resolution No.
implementation of aquifer storage and recovery technologies
protecting the environment and public water supplies.
58-01 supporting
for the purpose of
CONTRACT ADDITION/CORPORATE CONNECTION SOVEREIGN:
Approve a contract addition to Corporate Connection Sovereign's contract for bus
rental and driver service for the Rock's Football and Summer Day Camp programs in
the amount of $17,361.25. Funding is available from 115-4912-572-55.30 (Rocks
Football) in the amount of $7,361.25, and 001-4106-572-44.90 (Summer Day Camp) in
the amount of $10,000.00.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 4, 2001 through September 14, 2001.
AWARD OF BIDS AND CONTRACTS:
Bid award in the amount of $45,300.00 to ADDCO, Inc. for the purchase of
two (2) trailer-mounted programmable electronic message signs. Funding is
available in 001-2316-525-64.90 (Emergency Management, Other
Machinery/Equipment).
AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH CRA
FOR PLANNING AND OTHER SERVICES; AND INTERLOCAL
AGREEMENT WITH CRA FOR WEST ATLANTIC REDEVELOPMENT
COALITION, INC.: Consider approval of two separate interlocal agreements that
will extend existing funding requirements between the City and the Community
Redevelopment Agency to September 30, 2002, which provides for the CRA to pay the
City for planning and parking management services, and for the City to assist in
funding staff support for WARC.
RECONSIDERATION OF HOTEL VISTA DEL MAR: Approve to reconsider
at the regular Commission meeting of October 2, 2001.
REGULAR AGENDA:
A. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS:
Consider approval of the recommended funding allocations for special events and
charitable organizations for FY 2002. (Alglgro~-ed 5-0)
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10.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE (ALL
AMERICA CITY CELEBRATION): Approve a request to allow Art & Jazz on the
Avenue to be held on Thursday, October 18, 2001, from 6:00 p.m. to 11:00 p.m.
Request includes approval of the temporary use permit and street closure (Atlantic
Avenue from Swinton Avenue to NE Th Avenue, Railroad Drive from Atlantic Avenue
to NE 2~d Street and the use of Veterans Park), staff support for security and traffic
control, banner hanging and removal, barricade set up and removal, clean up, use and
set up of City stages. (ApprovedS-O)
RESOLUTION NO. 59-01 (YEAR-END BUDGET ADJUSTMENTS): Consider
approval of Resolution No. 59-01 making year-end adjustments to the adopted budget
for FY 2001. (Approved 5-0)
REJECTION OF BID/ALL-RITE PAVING CONTRACTORS, INC./NE 4TM
STREET FROM NE 2ND AVENUE TO FEDERAL HIGHWAY: Approve the
rejection of bid to All-Rite Paving Contractors, Inc., for the NE 4~h Street from NE 2~d
Avenue to Federal Highway project. Sixty days have passed since the bid opening and
the contractor is not willing to hold the bid prices. (Approved 5-0)
AWARD AGREEMENT/NOVA INFORMATION SYSTEMS, INC. &
IMPERIAL BANK: Consider an agreement between the City and NOVA Information
Systems, Inc., and Imperial Bank for credit card services at the Delray Municipal Golf
Course and Lakeview Golf Course pro shops. (Approved 5-0)
F. CITY ATTORNEY EVALUATION.
G. CITY MANAGER EVALUATION.
PUBLIC HEARINGS:
ORDINANCE NO. 45-01: An ordinance amending Ordinance No. 1-98, which
comprises Waterford Place SAD (Special Activities District), to eliminate the condition
of approval requiring a certificate of occupancy for the hotel to be issued prior to the
issuance of a certificate of occupancy for the final multi-family building, located on the
south side of Linton Boulevard between Interstate-95 and Lindell Boulevard. Quasi-
judicial Hearing(Approved 5-0)
REQUEST FOR WAIVER OF CITY ORDINANCE (TOWN SQUARE):
Consider a request from Town Square, 55 NE 5~h Avenue for a waiver to the provision
of Section 4.6.7(E)(1), Section 4.6.7(G)(3)(d)(ii) and Section 4.6.7(G)(7) of the Sign
Code in the City's Land Development Regulations. The City will consider waiving the
provision of the code that states flat wall signs must face dedicated street frontage, and
also states that signs must be located over the business they represent. Also that signs
totally in the standard setback are required to have a sign area of 20-square feet or less,
and where a property has more than one frontage, a second freestanding sign is limited
to a sign area of 50-square feet. Staff recommends denial. Quasi-judicial Hearing
(Approved 4-1, Commissioner Perlman dissenting)
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09-19-01
REQUEST FOR WAIVER OF CITY ORDINANCE (CREATIONS): Consider
a request from Creations, 101 NE 2'~ Avenue, for a waiver to the provision of Section
4.6.7(E)(1), Section 4.6.7(G)(3)(d)(ii) and Section 4.6.7(G)(7) of the Sign Code in the
City's Land Development Regulations. The City will consider waiving the provision of
the code that states flat wall signs must face dedicated street frontage, and also states
that signs must be located over the business they represent. Also that signs totally in
the standard setback are required to have a sign area of 20-square feet or less, and
where a property has more than one frontage, a second freestanding sign is limited to a
sign area of 50-square feet. Staff recommends denial. Quasi-judicial Hearing
(Approved 4-1, Commissioner Perlman dissenting)
RESOLUTION NO. 55-01 (MILLAGE LEVY): A resolution levying a tax on all
properties within the City of Delray Beach for operation and maintenance, and for
payment of principal and interest on bonded indebtedness for FY 2002.
(Approved .5-0)
RESOLUTION NO. 56-01(MILLAGE LEVY/DDA): A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2002. (Approved.5-O)
RESOLUTION NO. 57-01 (FY 2002 BUDGET ADOPTION): A resolution
making appropriations of sums of money for all necessary expenditures of the City of
Delray Beach for the period October 1, 2001 thorough September 30, 2002.
(Approved .5-0)
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept
the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan and FY 2002 Capital Improvement Budget are consistent with
the Comprehensive Plan, and approve same. (Approved .5-0)
ORDINANCE NO. 46-01: An ordinance amending Chapter 52, "Water" of the Code
of Ordinances by amending Section 52.34, "Water Rates", to provide for increased
residential, nonresidential and irrigation rates for FY 2002. (Approved .5-0)
ORDINANCE NO. 47-01: An ordinance amending Chapter 53, "Sanitary Sewers",
of the Code of Ordinances by amending Section 53.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and
nonresidential/commercial rates for FY 2002. (Approved .5-0)
ORDINANCE NO. 48-01: An ordinance amending Chapter 51, "Garbage and
Trash", of the Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for contracted garbage, trash, recycling, vegetation and bulk waste
collection service rates for FY 2002. (Approved .5-0)
ORDINANCE NO. 49-01: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
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11.
12.
13.
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National American Fee Schedule. (AlglgrOvecl .q-O)
ORDINANCE 50-01: An ordinance repealing Chapters 57 and 58 of the Code of
Ordinances, and creating a new Chapter 57 entitled "Right-of-Way Application Process
for Communications Facilities"; amending Chapter 50, "Utilities Generally; Public
Service Tax", by deleting all references to Telecommunications Facilities; amending
Chapter 93, "Cable Television" by removing the requirement to pay Franchise Fees to
the City; providing for reservation of rights and remedies. (AlglgrOvecl .q-O)
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:
A. ORDINANCE NO. 51-01: An ordinance annexing into the City the Fanelli property
located on the east side of Military Trail, north of Atlantic Avenue (immediately east of
the Boys Farmers Market) and establishing initial zoning of GC (General Commercial)
for the property. If passed, a quasi-judicial (as to zoning) public hearing will be
scheduled for October 2, 2001. (Approved.q-O)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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