10-03-00 ResultsCITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
OCTOBER 3, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
***Agenda Results***
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 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 meetings in the
Commission Chambers.
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:
under this section.
Any citizen is entitled to speak on items
B. 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.
C. 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. Ail
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.
AGENDA
2.
3.
4.
Roll Call. (Everyone was present)
Invocation.
Pledge of Allegiance to the Flag.
Agenda Approval. (~ayor Schmidt noted the agenda addendum.
Approved 5-0, as amended)
Approval of Minutes:
Special Meeting of September 12, 2000 (Approved 5-0)
Regular Meeting of September 19, 2000 (not submitted)
Special Meeting of September 26, 2000 (not submitted)
Proclamations:
A. YMCA Day - December 2, 2000
Presentations: None
Consent Agenda: (Approved, as amended, 5-0)
A. RATIFICATION OF WEST ATLANTIC REDEVELOPMENT COALITION
APPOINTMENT TO PARKING MANAGEMENT ADVISORY BOARD:
Approve and ratify the appointment of George Haso as
the West Atlantic Redevelopment Coalition (WARC)
Board's representative on the Parking Management
Advisory Board for a term ending September 30, 2001.
HacARTHUR GRANT/DOWNTOWN PLAN STEERING COMMITTEE:
Approve the list of nominated individuals to serve on
the MacArthur Grant/Downtown Plan Steering Committtee
as recommended by the Community Redevelopment Agency.
RENEWAL OF TEMPORARY PARKING LOT PERHIT/HILAGRO
CENTER: Approve a one year renewal (through October
2, 2001) of the Hilagro Center's permit for a
temporary parking lot located at the southwest corner
of S.E. 1st Street and S.E. 3rd Avenue within the
Central Business District, subject to the provisions
of LDR Section 2.4.6(H) .
Regular Commission Meeting
October 3, 2000
D. ACCEPTANCE OF SIDEWALK EASEMENT DEED/PROPOSED HAITIAN
MUSEUM: Accept an easement deed from Agama Path, Inc.
conveying to the City a five foot sidewalk easement
along S.E. 1st Avenue associated with the proposed
Haitian Museum site at 101 S.E. 1st Street, located at
the northeast corner of S.E. 1st Avenue and S.E. 1st
Street.
AGREEMENT FOR SIDEWALK IMPROVEMENTS/CHURCH OF GOD BY
FAITH: Approve an agreement between the City and
Church of God by Faith to allow the deferral of
sidewalk improvements within the N.W. 6th Avenue
right-of-way until such time as the City requests the
sidewalk to be constructed. The subject property is
located on the west side of N.W. 6th Avenue between
N.W. 3rd and 4th Streets.
JOINT PARTICIPATION AGREEMENT WITH PALM BEACH
COUNTY/LINTON BOULEVARD & FEDERAL HIGHWAY INTERSECTION
IMPROVEMENTS: Approve an agreement between the City
and Palm Beach County for joint participation and
project funding in construction of Linton Boulevard
and Federal Highway intersection improvements, with
the City to pay up to $15,600 for utility adjustments
in conjunction with the project, with funding from
442-5178-536-65.13 (Water & Sewer R&R - Linton
Boulevard Utility Relocation).
RESOLUTION NO. 73-00: Approve a resolution assessing
costs for abatement action necessary to remove
nuisances from 34 properties throughout the City.
REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land
Development Boards for the period September 18th
through September 29, 2000.
MODIFICATION AND EXTENSION AGREEMENT/CHILDREN'S
SERVICES COUNCIL: Approve the Modification and Extension
Agreement between the City and the Children's Services
Council for grant funding in the amount of $123,502 in
support of the Parks & Recreation Out-of-School Youth
Recreation/Enrichment program, subject to review and
approval by the City Attorney.
AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $21,037.00 to
Data Flow Systems, sole source provider, for the
purchase of telemetry components to be used to
facilitate the upgrading of systems at the Water
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Regular Commission Meeting
October 3, 2000
Treatment Plant, with funding from 441-5143-536-
46.20 (Water Haintenance - Equipment
Haintenance) .
o
Contract award in the amount of $885,208.00 to
Sonic Engineering, Inc. for construction of the
Southridge Road/Sunset Avenue/Albatross Road area
infrastructure improvements project. This is a
2000 Roadway Bond Program project, with funding
in the amount of $576,390.00 from 370-3162-541-
65.46 (2000 Roadway Bond Program), $110,280.00
from 448-5470-538-65.46 (Stormwater Utility
Fund), and $198,538.00 from 441-5161-536-65.46
(Water & Sewer New Capital).
o
Purchase award at an estimated annual cost of
$31,865.00 to Vulcan Performance Chemicals, sole
source provider, for the furnishing and delivery
of hydrogen peroxide for odor and corrosion
control for the City's wastewater system, with
funding from 441-5144-536-52.21 (Lift Station
Haintenance - Chemicals).
o
Approval of payment in the amount of $16,130.25
to Florida Detroit Diesel for emergency repairs
to Fire Apparatus Truck ~9232, with funding from
501-3311-591-52.52 (Garage/Vehicle Haintenance -
Outside Service).
o
Bid award in the amount of $13,572.00 to Kim's
Florida Garden for the annual landscape
maintenance contract for South Federal Highway
and Congress Avenue, with funding from 119-4144-
572-46.40 (Beautification Haintenance) .
o
Contract renewal with Focus Camera, via City of
Boca Raton bid, for the purchase of various film
and photographic supplies at an estimated annual
cost of $17,216.59, with funding from various
departmental operating budgets (line item 34.70 -
Photo/Hicrofilm) .
o
Bid award for tennis court rehabilitation at the
Delray Swim and Tennis Club. The apparent low
bid is from Calico Racquet Courts at $81,634.00.
9. Regular Agenda:
A. CONDITIONAL USE REQUEST/INCREASED HEIGHT FOR EXISTING
TELECOMMUNICATIONS TOWER: Consider a request for
conditional use approval to allow an increase in
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Regular Commission Meeting
October 3, 2000
height from 62 feet to 125 feet for an existing
telecommunications tower located on the east side of
N.W. 18th Avenue, approximately 660 feet north of
Harty Fladell Drive (231 N.W. 18th Avenue), within the
HIC (Hixed Industrial and Commercial) zoning district.
QUASI-JUDICIAL PROCEEDING
(Mr. Schwartz moved to deny conditional use request,
but Motion failed. It passed by a 3-2 vote.)
B. SCHOOL CONCURRENCY INTERLOCAL AGREEMENT: Consider
approval of the Palm Beach County Interlocal Agreement
with Municipalities of Palm Beach County and the
School District of Palm Beach County to establish
public school concurrency.
(Approved 5-0)
C. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Consider a request for special event approval for the
October 19, 2000 Art & Jazz, including temporary use
permits for street closures, staff support, use of
City equipment, and specified overtime costs.
(Approved 5-0)
Do
VERIZON WIRELESS LEASE AGREEMENT: Consider approval
of a lease agreement with Verizon Wireless which
provides for the replacement of the Police radio tower
with a 180 ft. monopole tower capable of supporting
the City's equipment as well as three additional
cell/paging providers.
(Removed)
m o
THOMAS BATTLES REPORT: Consider approval of the
summary agreement as set forth in the September 15,
2000 letter to the City Manager from Thomas L.
Battles, Senior Reconciliation Specialist, U.S.
Department of Justice, and the staff recommendation to
address the issues.
(Approved 5-0)
F. HOUSING REHABILITATION CONTRACT
AWARD/DAKOTA
CONSTRUCTION, INC.: Consider approval of a contract
award through the State Housing Initiatives
Partnership (SHIP) program in the amount of $20,338.75
to Dakota Construction, Inc. as the lowest responsive
bidder (second iow bid) for the rehabilitation of a
single family housing unit at 312 S.W. llth Avenue.
(Approved 5-0)
G. BID AWARD FOR LANDSCAPE MAINTENANCE/GATOR LANDSCAPING
& IRRIGATION: Consider approval of a bid award in the
amount of $32,369.00 to Gator Landscaping & Irrigation
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Regular Commission Meeting
October 3, 2000
as the lowest responsive bidder (third low bid) for
landscape maintenance of Homewood Boulevard, Linton
Boulevard and three medians on Hilitary Trail, with
funding from 119-4144-572-46.40 (Beautification
Maintenance) .
(Approved 5- O)
H. REGIONAL EVACUATION COORDINATION AND IMPLEMENTATION
PROCEDURES: Consider authorizing the City Manager to
sign the letter of support for the Host Shelter Plan,
the Reentry Plan and the Road Monitoring Procedures.
(Approved 5-0)
I. SETTLEMENT OF PROPERTY DAMAGE CLAIM BY DESIMON
ALEXANDRE: Consider settlement of the
matter as recommended by the City Attorney.
(Approved 5-0)
referenced
J. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint five members to the Board of Construction
Appeals for two year terms ending August 31, 2002.
The appointments will be made by Commissioner HcCarthy
(air conditioning contractor), Mayor Schmidt (master
electrician), Commissioner Perlman (professional
engineer), Commissioner Archer (general contractor),
and Commissioner Schwartz (real estate broker or
insurance agent).
(Approved 5-0)
10. Public Hearings:
ORDINANCE NO. 23-00: An ordinance annexing to the
City the Pathways to Recovery site located on the east
side of Barwick Road approximately 250 feet north of
Sabal Lakes Road; providing for a small scale Future
Land Use Map amendment from County MR-5 (Medium
Density 5 units per acre) to City CF (Community
Facilities); and establishing initial zoning of CF
(Community Facilities) for the property. QUASI-
JUDICIAL HEARING AS TO ZONING
(Motion to deny. It passed by a 5-0 vote)
1. CONDITIONAL USE REQUEST/PATHWAYS TO RECOVERY:
Consider a request for conditional use approval
to allow the expansion of an alcohol and drug
abuse treatment facility known as Pathways to
Recovery, located on the east side of Barwick
Road approximately 250 feet north of Sabal Lakes
Road. QUASI-JUDICIAL PROCEEDING (no vote)
11. Comments and Inquiries on Non-Agenda Items from the Public-
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Regular Commission Meeting
October 3, 2000
Immediately following Public Hearings.
Xo
City Hanager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
Xo
ORDINANCE NO. 27-00: An ordinance changing the Future
Land Use Map designation from MD (Medium Density
Residential 5-12 units/acre) to CF-R (Community
Facilities-Recreation), and associated rezoning from
RM (Medium Density Residential) to CF (Community
Facilities) for the Delray Swim and Tennis Club
facility located on the west side of Jaeger Drive
between Dotterel Road and Egret Circle. If passed, a
quasi-judicial (as to zoning) public hearing will be
scheduled for October 17, 2000.
(Approved 5-0)
13. Comments and Inquiries on Non-Agenda Items.
Xo
City Manager
City Attorney
City Commission
(Meeting adjourned at 11:05 P.M.)
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