02-04-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, February 4, 2003
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), 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.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Commissioner Perlman requested Item 8.D, Change Order No. 2/Final
Payment/Megan South, Inc. be moved to the Regular Agenda as Item 9.AA. Commissioner Archer
requested Item 8.C, Acceptance of Right-of-Way Deed/Dynalife Offices, be moved to the Regular
Agenda as Item 9.AAA; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· January 21, 2003 - Regular Meeting (Approved as amended, 5-0)
PROCLAMATIONS:
Recognizing and commending Steve Zickl - Ocean Rescue Division - Parks and
Recreation DeparUnent Employee of the Year for 2002, and Johnny Haynes - Parks
Maintenance Division and Alberta Gaum-Rickard - Administration/Recreation
Division as Parks and Recreation Top Employees of the Year 2002
Recognizing and commending the Delray Beach Youth Vocational Charter School
Students
PRESENTATIONS:
School Readiness Coalition, Inc. - Commissioner William Moss
Community Neighborhood Helping, Inc. - Edith Thompson
Kokomo Keys Homeowners' Association -Bonnie Kuljian
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treaunent and Disposal Board at
their Quarter Annual Meeting of January 16, 2003.
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD FUNDING/RECLAIMED WATER SYSTEM
EXPANSION: Authorize funding in the amount of $44,000.00 to South Central
Regional Wastewater Treamqent and Disposal Board (SCRWTDB) for funding of a
consulting contract with Hazen Sawyer for design and consU'uction services for the first
phase of the Reclaimed Water System Expansion project. Funding is available from
441-5181-536-63.95 (Water/Sewer).
MOVED TO REGULAR AGENDA AS ITEM 9.A.A.A.
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02-04-2003
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MOVED TO REGULAR AGENDA AS ITEM 9.A.A.
FINAL PAYMENT/RPM GENERAL CONTRACTORS, INC.: Approve final
payment in the amount of $5,394.33 to RPM General Contractors, Inc. for the
completion of the ESD/Police Department Interior Modifications Project. Funding is
available from 441-5123-536-34.90 (Water/Sewer Fund/Other Contractual Services).
INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY
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SCHOOL BOARD AND CITY OF DELRAY BEACH: Approve an Interlocal
Agreement between the Palm Beach County School Board and the City of Delray Beach
for the use and maintenance of recreation fields adjacent to N.E. 3~d Avenue behind
Plumosa Elementary School.
CONSENT TO ASSIGNMENT/JAMES CRYSTAL DELRAY BEACH, INC.:
Approve Consent to Assignment with James Crystal Delray Beach, Inc. which will
acquire Quality Broadcasting Corporation lease for telecommunications/radio
transmitting tower purposes for the City of Delray Beach.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
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Accept the actions and decisions made by the Land Development Boards for the period
January 21, 2003 through January 31, 2003.
I. AWARD OF BIDS AND CONTRACTS:
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Contract award to National Waterworks (US Filter Distribution) in the amount
of $28,053.46 for materials for the NW lffh Avenue Water Main Improvements
Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal
& Replacement/Water Mains).
Bid award to Sports Turf One, Inc. in the amount of $21,731.00 for the
landscape maintenance of two (2) baseball fields at Pompey Park. Funding is
available from 001-4131-572-34.90 (General Fund/Other Contractual Services).
Contract award to RPM General Contractors, Inc. in the amount of S163,561.20
for the Community Teen Center Skate Park Project. Funding is available from
117-6111-572-63.40 (Recreational Improvements).
REGULAR AGENDA:
DHARMA HOLDINGS, LTD.: Consider a request from Dharma Holdings, Ltd. to
utilize their temporary parking lot located on Block 86 for special event parking for City
approved and private sector events. (Quasi-JudiciM Hearing) (Motion to approve the
waiver request with current conditions not to exceed two (2) years; Approved, 5-0)
A.A.
CHANGE ORDER NO. 2/FINAL PAYMENT/MEGAN SOUTH, INC:
Approve Change Order No. 2 in the amount of $64,000.00, and final payment in the
amount of $152,309.10 to Megan South, Inc. for the West Atlantic Avenue
Beautification Project. Funding is available from 334-3162-541-65.49 (General
Construction Fund/West Atlantic Avenue Beautification). (Approved, 5-0)
02-04-2003
10.
A.A.A.
ACCEPTANCE OF RIGHT-OF-WAY DEED/DYNALIFE OFFICES:
Approve and accept a right-of-way deed associated with Dynalife Offices, located on
the east side of N.E. 1st Avenue between N.E. 1st Street and N.E. 2~d Street, within the
Old School Square Historic Arts District (OSSHAD). (Approved, 5-0)
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EMINENT DOMAIN/BLOCK 77: Consider authorizing the making of an offer in
eminent domain proceedings in the amount of $80,000.00 and a "quick take" of
property in regards to the North 16' of Lots 7 and 13 of Block 77. (Motion to approve
making an offer in the amount of $80,000.00; Approved, 5-0)
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SOUTH FLORIDA BLACK PAGES: Consider approval of a request to purchase an
ad from South Florida Black Pages promoting black owned businesses in Palm Beach
County. (Motion to take out 1/3 page ad in the amount of $425.00; Approved, 5-0)
PUBLIC HEARINGS:
ORDINANCE NO. 1-03: An ordinance amending Chapter 35, "Employee Policies
and Benefits" of the City Code of Ordinances by amending Section 35.056
"Designation of Personnel as Critical to Security" to provide for fingerprinting and
background checks for private contractors, vendors, repair, and delivery personnel with
access to publicly operated facilities within municipalities designated as critical to
security. (Approved, 4-0; Commissioner McCarthy left dais)
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ORDINANCE NO. 2-03: An ordinance amending Chapter 34, "Elections", of the
City Code of Ordinances by amending Section 34.03, "Notice of Elections", to provide
for publishing of notices in accordance with the law. (Approved, 5-0; Commissioner
McCarthy returned to dais)
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ORDINANCE NO. 47-02 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2003-01): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2003-01 and
associated Future Land Use Map (FLUM) amendment, and authorize transmittal to the
State Deparnnent of Community Affairs. Amendment 2003-01 includes: (Approved, 5-
0)
· Modification of the definitions' section of the Public Schools Facilities Element, by
adding numerous new definitions.
· Modification of Policy B-2.1 of the Future Land Use Element, regarding
Concurrency, to add specific language with respect to Public School Concurrency
Review.
· Modification of Policy A-2.4 of the Future Land Use Element, regarding the
location of the automobile dealerships, to decrease the area which dealerships
should be directed to, as a result of a rezoning which expanded the CBD (Central
Business District).
· Modification of the Inventory and Analysis section of the Coastal Management
Element to reflect the recent completion of the Beach Renourishment Project.
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12.
13.
Modification of the Introduction and Summary of Major Features (Planning Area
subsection), Obiective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use
Element, all regarding the provision of services to land within the planning area.
Privately initiated Future Land Use Map amendment from LD (Low Density
Residential, 0-5 du/ac) to CC (Commercial Core) for a 0.025 acre parcel of land
located on the north side of S.E. 4~h Street, approximately 127 feet east of S.E. 6~h
Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use
Development.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
City Manager's response to prior public comments and inquiries.
From the Public.
FIRST READINGS:
ORDINANCE NO. 3-03: An ordinance amending Chapter 101, "Parks, Beaches, and
Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic
Regulations", to prohibit the use, operation, and propelling of parasails, parachutes, and
hang gliders on the City's municipal beach. If passed, a public hearing will be scheduled
for February 18, 2003. (Approved, 5-0)
ORDINANCE NO. 4-03: An ordinance amending Chapter 91, "Animals", of the
City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28,
"Impoundment;Disposition", to amend the definition of "At Large" and provide
consistency for grounds of impoundment. If passed, a public hearing will be scheduled
for February 18, 2003. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at Z'4,q p.m. ******
POSTED: JANUARY 31, 2003
02-04-2003