06-19-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
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
Tuesday, Tune 19, 2007 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall section.
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: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
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.
100 NW 1st Avenue
Delray Beach, Florida 33444 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings u7 the Commission
Chambers.
ROLL CALL. (Commissioner Eliopoulos absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Item 9.D, Resolution No. 37-07/Contract for Sale and
Purchase of Property/Community Redevelopment Agency/Interlocal Agreement/Multiple Parking Lot
Properties was moved to Item 10.A.A, under the Public Hearings; Approved as amended,4-0)
5. APPROVAL OF MINUTES:
June 4, 2007 -Regular Meeting (Approved, 4-0)
June 12, 2007 -Workshop Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Recognizing Bahamian Independence Day
7. PRESENTATIONS:
A. Government Finance Officers Association -Distinguished Budget Award Presentation
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. FINAL PLAT APPROVAL/YACHT CLUB AT DELRAY BEACH: Approve the
final plat for the Yacht Club at Delray Beach plat, located on the west side of
MacFarlane Drive, between Ingraham Avenue and Miramar Drive.
B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/133 AND 135 NW 5Tx
AVENUE: Approve and accept the right-of--way deeds for the dedication of the right-
of-way from N.W. 5a' Avenue and the alley parallel to NW 5a' Avenue at 133 and 135
NW 5a' Avenue.
C. RE ,VEST FOR SIDEWALK DEFERRAL/25 NW 16Tx STREET: Approve a
request to defer the installation of a sidewalk in front of 25 NW 16`'' Street. Staff
recommends approval.
D. RE ,VEST FOR SIDEWALK DEFERRAL/902 NW 2ND AVENUE: Approve a
request to defer the installation of a sidewalk in front of 902 NW 2"d Avenue. Staff
recommends approval.
E. RE ,VEST FOR SIDEWALK DEFERRAL/906 NW 2ND AVENUE: Approve a
request to defer the installation of a sidewalk in front of 906 NW 2nd Avenue. Staff
recommends approval.
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F. RE ,VEST FOR SIDEWALK DEFERRAL/912 NW 2ND AVENUE: Approve a
request to defer the installation of a sidewalk in front of 912 NW 2"d Avenue. Staff
recommends approval.
G. CONTRACT ADDITION (C.O. NO. 21/BLOCK 64 DRAINAGE AND
WATER MAIN IMPROVEMENT PROJECT/CHAZ EQUIPMENT
COMPANY, INC.: Approve Contract Addition (C.O. No. 2) to the Block 64
Drainage and Water Main Improvements Project in the amount of $69,540.00 to Chaz
Equipment Company, Inc. for the replacement of a collapsed Sanitary Sewer Main
located between SW 3Td Street and SW 4`'' Street. Funding is available from 442-5178-
536-65.33 (Water/Sewer Renewal & Replacement Fund/Block 64 Improvements) after
budget transfer.
H. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/CHAZ EOUIPMENT
COMPANY, INC.: Approve a Contract Closeout (C. O. No. 2/Final) in the amount
of a $65,124.34 decrease and final payment in the amount of $35,428.19 to Chaz
Equipment Company, Inc. for the completion of the A-1-A Water Main Upgrade
Project. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal &
Replacement Fund/Other Improvements/SR A-1-A/East Atlantic Avenue/Pelican).
I. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/HORSEPOWER
ELECTRIC, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount
of an $11,047.50 decrease and final payment in the amount of $16,132.23 to
Horsepower Electric, Inc. for the completion of the US 1 at Tropic Boulevard
Signalization Project. Funding is available from 334-3162-541-65.68 (General
Construction Fund/US 1 at Tropic Boulevard).
J. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/ROSSO PAVING &
DRAINAGE, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount
of $19,167.10 and final payment in the amount of $83,345.24 to Rosso Paving &
Drainage, Inc. for completion of the Eagle Park Project. Funding is available from 380-
4150-572-63.23 (2004 G.O. Bond/Other Improvements/Neighborhood Parks).
K. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL
SERVICES/RESOLUTION NO. 36-07: Approve the application fora non-
matching grant to the Palm Beach County Department of Emergency Medical Services
in an estimated amount of $46,340.00 to purchase five (5) Stryker Model 6500 Power-
Pro Ambulance Patient Stretchers; and approve Resolution No. 36-07.
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L. SPECIAL EVENT REQUEST/30t'' ANNUAL ROOTS CULTURAL
FESTIVAL/YOUTH AND ADULT BASKETBALL TOURNAMENTS:
Consider approval of a special event request from the Roots Cultural Festival, Inc. for a
Youth Basketball Tournament proposed to be held from 6:00 p.m. - 11:00 p.m. on July
20, 2007, 9:00 a.m. - 11:00 p.m. on July 21, 2007 and 9:00 a.m. - 6:00 p.m. on July 22,
2007 and the Adult Basketball Tournament proposed to be held from 6:00 p.m. - 11:00
p.m. on August 3, 2007, 9:00 a.m. - 11:00 p.m. on August 4, 2007 and from 9:00 a.m. -
6:00 p.m. on August 5, 2007; authorize staff support for security and signage; waiver of
facility rental fee for City facilities and event signage to be installed no earlier than ten
(10) days prior to the event; contingent upon sponsor providing a liability insurance
certificate, and a hold harmless agreement.
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 4, 2007 through June 15, 2007.
N. AWARD OF BIDS AND CONTRACTS:
Contract award to Caler, Donten, Levine, Druker, Porter & Veil, P.A. for
professional audit services for FY 2007 in the amount of $105,800.00; FY 2008
in the amount of $112,150.00; and FY 2009 in the amount of $118,900.00.
Funding is available from various departmental operating budgets.
2. Contract award to the Florida Coca-Cola Bottling Company for a three (3) year
contract with the option to extend the contract for one (1) three (3) year period
for beverage vending services and fountain services.
9. REGULAR AGENDA:
A. RE ,VEST FOR REFUND OF CODE ENFORCEMENT BOARD LIEN:
Consider a request to refund $2,500.00 of a $3,000.00 Code Board Lien paid in January
by Michael Lefebvre. Staff recommends denial. (Motion to approve the refund;
DENIED, 4-0)
B. CANCEL AND RE-WRITE OF EXCESS PROPERTY INSURANCE
PROGRAM: Consider a request for approval to cancel and re-write current excess
property insurance program to take advantage of "pre-hurricane" season current low
insurance rates. (Approved, 4-0)
C. LAKEVIEW GOLF COURSE RECLAIMED WATER MAIN: Consider a request
to authorize staff to proceed with design Option #2 for providing reclaimed water to
the Lake View Golf Course, which includes modifying an existing lake for receiving and
re-pumping of water in conjunction with the construction of approximately 3,025 linear
feet of reclaimed water main at an estimated cost of $358,600.00. (Approved, 4-0)
D. (MOVED TO ITEM 10.A.A. ON THE PUBLIC HEARINGS AGENDA).
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E. AUTHORIZATION TO PARTICIPATE IN CLASS ACTION LAWSUIT
AGAINST ARTHUR J. GALLAGHER ENTITIES: Consider a request for
authorization to participate in the Class Action Lawsuit regarding insurance brokerage
and employee benefit insurance antitrust litigation against Arthur J. Gallagher Entities.
(Approved, 4-0)
F. AUTHORIZATION TO FILE APPEAL/MARGEUNE ST. TUSTE V. CITY
OF DELRAY BEACH: Consider a request for authorization to file an appeal to the
Fourth District Court of Appeals in the case of Margeune St. Juste v. the City of Delray
Beach. (Motion to approve subject to post verdict motions and permission to seek "amicus."
Approved, 4-0)
G. REJECTION OF BIDS/RFP 2006-057: Consider rejection of all bids received in
response to RFP 2006-057 regarding parking meters. (Approved, 4-0)
H. NON-RENEWAL OF AGREEMENT/PREARRANGEMENTS OF DELRAY,
INC. Consider a request regarding the non-renewal of the contract between the City
and Prearrangements of Delray, Inc.; and authorize staff to send a Notice of Non-
Renewal to the same. (Approved, 4-0)
I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) for
a four (4) year term ending July 1, 2011. Based upon the rotation system, the
appointment will be made by Mayor Ellis (Seat #5). (Appointed Thomas Carney and
approved, 4-0)
J. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority (DDA) for
a three (3) year term ending July 1, 2010. Based upon the rotation system, the
appointment will be made by Mayor Ellis (Seat #5). (Appointed Herman Stevens and
approved, 4-0)
K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint two (2)
student members to the Police Advisory Board to serve unexpired terms ending
December 13, 2007 and December 13, 2008. Based upon the rotation system, the
appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat
#5). (Appointed Vanessa Francois and approved, 4-0; and appointed Grace Maybee and
approved, 4-0)
L. APPOINTMENT TO THE PALM BEACH COUNTY HOMELESS
ADVISORY BOARD: Consideration of the appointment of the City Commission to
the Palm Beach County Homeless Advisory Board. (Consensus of the Commission to
bring this back to the July 10, 2007 Regular Commission Meeting)
M. REVIEW OF LOBBYIST CONTRACTS: Review and discussion regarding
Tallahassee Lobbyists' contracts. (Motion to terminate Kathleen E. Daley's contract for
cause. Approved, 4-0)
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10. PUBLIC HEARINGS:
A.A. RESOLUTION NO. 37-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/INTERLOCAL
AGREEMENT/MULTIPLE PARKING LOT PROPERTIES: Consider
approval of Resolution No. 37-07 authorizing the City to purchase certain parking lots
located in the Seacrest Neighborhood and on S.W. 4`'' Avenue for public parking; and
approve Contract for Sale and Purchase between the City and the Community
Redevelopment Agency (CRA) in the amount of $10.00; and approve an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) for the
transfer of the parking lots. (Approved, 4-0)
A. ORDINANCE NO. 21-07 (SECOND READING/SECOND PUBLIC
HEARINGI: Community Redevelopment Agency (CRA) initiated amendment to the
Land Development Regulations (LDR), amending Section 4.4.13, "Central Business
District (CBD)," Subsection 4.4.13(I~(1), to provide an exemption to the prohibition of
office uses on the ground floor of buildings on East Atlantic Avenue. (Approved, 4-0)
B. ORDINANCE NO. 20-07: City initiated amendment to the Land Development
Regulations (LDR), amending Section 4.4.25, "Special Activities District (SAD)",
Subsection 4.4.25(C) to shift the authority for approval of site plans, landscape plans,
and architectural elevations from the Planning and Zoning Board to the Site Plan
Review and Appearance Board for projects located in the Special Activities District
(SAD). (Approved, 4-0)
11. 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.
12. FIRST READINGS:
A. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
~®ST€Q: JIJN€ 15, 20®7
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