07-20-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, July 20, 2004
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, 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.
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ROLL CALL. (Commissioner McCarthy arrived at 6:35 p.m.)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted that Item 8.P.6, Purchase award to Tuppen's Marine, was
added to the Consent Agenda by addendum; Item 8.B, Resolution No. 57-04, was Tabled; Item 8.P.2,
Contract award to Caler, Donten. Levine, Druker, Porter & Veil, P.A., was moved to the Regular
Agenda as Item 9.A.1; Item 8.E, Service Authorization/Catherine Strong Park/Tetra Tech WHS, Inc.,
was moved to the Regular Agenda as Item 9.A.2; Approved as amended, 4-0)
APPROVAL OF MINUTES:
july 6, 2004 - Regular Meeting (Approved, 4-0)
July 13, 2004 - Special Meeting (Approved, 4-0)
PROCLAMATIONS:
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Recognizing and commending Ernie Simon
Recognizing and commending Delray Medical Center
PRESENTATIONS:
· NONE
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
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FINAL SUBDIVISION PLAT APPROVAL/BERMUDA GARDEN ESTATES
PLAT: Approve the subdivision plat for Bermuda Garden Estates Plat, a two (2) lot
residential subdivision, located on the southwest corner of South Ocean Boulevard and
Bermuda Gardens Road.
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RESOLUTION NO. 57-04: Approve Resolution No. 57-04 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
2655 Dorson Way. (Motion to TABLE; Approved 4-0)
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RESOLUTION NO. 58-04: Approve Resolution No. 58-04 assessing costs for
abatement action required to remove nuisances on four (4) properties throughout the
City.
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RESOLUTION NO. 59-04: Approve Resolution No. 59-04 assessing costs for action
necessary to remove junked and/or abandoned vehicles from three (3) properties
throughout the City.
E. (MOVED TO ITEM 9.A.2 ON THE REGULAR AGENDA)
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07-20-2004
SERVICE AUTHORIZATION NO. 04-02/ARCADIS/LNW: Approve Service
Authorization No. 04-02 to Arcadis/LNW in the amount of $20,990.00 for the U.S. 1
and Tropic Boulevard Signalization Design Project. Funding is available from 334-3162-
541-65.68 (General Construction Fund/US 1 at Tropic Boulevard).
CHANGE ORDER NO. 2/FINAL PAYMENT/T.L.C. DIVERSIFIED, INC.:
Approve Change Order No. 2 in the amount of $506.70, and final payment in the
amount of $28,058.29 to T.L.C. Diversified, Inc. for completion of the Rehabilitation
Project for Lift Stations 19, 57, and 80. Funding is available from 442-5178-536-61.83
(Lift Station Conversion to Submersible).
RESCIND CONTRACT AWARD/CHANGE ORDER NO. 1/FINAL
PAYMENT/ENGINEERED ENVIRONMENTS, INC.: Rescind the contract
award to Engineered Environments, Inc. for the Beach Lifeguard Towers, Phase II
Project and approve Change Order No. 1 in the amount of a $100,786.00 decrease, and
final payment in the amount of $3,918.00 to Engineered Environments, Inc. for project
close-out expenses. Funding is available from 334-6112-519-62.14 (General
Construction Fund/Lifeguard Towers) and 115-0000-248-80.00 (Special Projects
Funds).
AGREEMENT/AQUATEC SYSTEMS/LEON WEEKS PARK HABITAT
MANAGEMENT: Approve an agreement between the City of Delray Beach and
Aquatec Systems in the amount of $50,698.45 for the offsite mitigation for Heritage
Park in the Leon Weeks preserve. The Heritage Park developer has funded $47,032.00
and the balance of $3,666.45 will be funded by the City. Funding is available from 119-
4151-572-60.69 (Beautification Trust Fund/Improvements/Other).
PARKING REQUEST/JOHN HOCK ENTERPRISES: Approve a request from
John Hock Enterprises to prepay in full for the utilization of six (6) parking spaces in
the Sandoway Lot to accommodate employee parking during the construction of a
home at 1108 Coconut Row. The request is to use the spaces Monday through Friday
commencing on or about July 21, 2004 through January, 2005 for a total of 135 days at
a rate of $36.00 per day for a total of $4,860.00.
CHANGE ORDER NO. 3/REED LANDSCAPING, INC.: Approve Change
Order No. 3 in an increase amount of $19,819.55 from the previous change order, but
resulting in a net decrease amount of $48,850.97 from the original contract to Reed
Landscaping, Inc. for completion of the Lake Ida Road Beautification Project. Funding
is available from 119-4151-572-63.20 (Beautification Trust
Fund/Landscaping/Beautification).
ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a
hold harmless agreement between the City and Gloria Irish to allow the installation of
brick pavers within a public utility easement.
07-20-2004
SPECIAL EVENT REQUEST/HOWARD ALAN l0TM ANNUAL DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request for the lffh annual
Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from
10:00 a.m. until 5:00 p.m. on September 18 and September 19, 2004, granting a
temporary use permit per LDR Section 2.3.6(H) for the closure of S.E. 4~h Avenue, two
blocks south of Atlantic Avenue, and the Vittorio's parking lot for vendor parking, and
authorize staff support for police security with the sponsor paying all overtime costs;
contingent upon receipt of certificate of liability insurance.
SPECIAL EVENT REQUEST FOR 5TM ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 5~h Annual
Delray Beach Thanksgiving Art Fair to be held on November 27 and November 28,
2004 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section
2.3.6(H) for the closure of N.E. 2'~d Avenue, from the alley just north of Atlantic to
N.E. 4~h Street, and to authorize staff support for traffic control and security with
sponsor paying all overtime costs; contingent upon receipt of certificate of liability
insurance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 6, 2004 through July 16, 2004.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Otto Industries Systems in the amount of fg18,373.00 for the
purchase of garbage carts with lids as a sole source purchase. Funding is
available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement).
(MOVED TO ITEM 9.A.1 ON THE REGULAR AGENDA)
Contract award to Rosso Paving & Drainage, Inc. in the amount of [g248,160.00
for the Plumosa Park Improvements Project. Funding is available from 334-
6111-572-65.79 (General Construction Fund/Plumosa).
Contract award to Chaz Equipment in the amount of [g65,430.00 via Annual
Contract No. 2002-37 for wet well lining and interior/exterior piping
modifications for Lift Station 50. Funding is available from 441-5144-536-46.90
(Water/Sewer/Repair/Maintenance Cost).
Contract award to Murray Logan Construction, Inc. in the amount of
[g20,400.00 via Palm Beach County Term Contract No. 02069B for mechanical
rehabilitation of Lift Stations 35B, 21, and 92A. Funding is available from 441-
5144-536-46.20 (Water/Sewer/Equipment Maintenance).
Purchase award to Tuppen's Marine in the amount of [g19,946.50 for the
purchase of two (2) Yamaha motors for the Police Department's Marine Patrol
boat. Funding is available from 501-3312-591-64.20 (Capital Garage
Fund/Vehicle).
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07-20-2004
9. REGULAR AGENDA:
A.1
CONTRACT AWARD: Contract award to Caler, Donten, Levine, Druker, Porter &
Veil, P.A. for professional audit services for FY 2004 in the amount of $94,100.00; FY
2005 in the amount of $96,900.00; and FY 2006 in the amount of $99,800.00. Funding
is available from various deparunental operating budgets. (Approved, 4-0)
A.2 SERVICE AUTHORIZATION/CATHERINE STRONG PARK/TETRA
TECH WHS, INC.: Approve Service Authorization No. P-01 to Tetra Tech, Inc. in
the amount of $160,321.00 for the detail design of the Catherine Strong Park Project.
Funding is available from 334-4183-572-63.90 (General Construction Fund/Other
Improvements/Catherine Strong) and 380-4150-572-62.59 (2004 G.O. Bond/Catherine
Strong Center). (Motion to approve staff to negotiate an amount not to exceed $160,321.00;
Approved, 4-0)
REQUEST FOR IN-LIEU PARKING SPACES/CHRISTINA'S
RESTAURANT: Consider a request from Christina's Restaurant for the purchase of
four (4) in-lieu parking spaces in the amount of $24,000.00. Christina's Restaurant is
located at 65 N.E. 2'~ Avenue (Ocean City Lumber Complex). (Quasi-JudiciM
Hearing) (Motion to approve the request; Denied, 5-0)
REQUEST TO REDUCE LIENS/SOOKHOO: Consider a request from Mr.
Adesh R. Sookhoo to waive the interest and administrative fees totaling $4,176.75
assessed for abating nuisances on property located at 1119 N.W. 1st Street. Mr.
Sookhoo is prepared to pay the City's out-of-pocket expenses in the amount of
$3,568.19. Staff recommends denial. (Motion to support staff's recommendation to deny
the request; Approved, 5-0)
CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT
AND SUBCONTRACTS/COMMUNITY CHILD CARE
CENTER/CHILDREN CASE MANAGEMENT ORGANIZATION: Consider
approval of a Memorandum of Agreement between the City of Delray Beach and
Children's Services Council (CSC) in the amount of $931,676.00 in support of the
Beacon Center Services at Village Academy Elementary School and Subcontracts
between the City and the Community Child Care Center and the Children Case
Management Organization for carrying out services at the Beacon Center. (Motion to
approve Memorandum of Agreement and Subcontracts; Approved, 5-0)
AMENDMENT NO. 1 AND AMENDMENT NO. 2/INTERLOCAL
AGREEMENT/PALM BEACH COUNTY: Consider approval of Amendment
No. 1 and Amendment No. 2 to the Interlocal Agreement between the City of Delray
Beach and Palm Beach County to provide for an equitable sharing of the local gas tax
revenue in the event of either the future creation of a new municipality or the future
dissolution of a municipality in Palm Beach County. (Motion to approve Amendment No.
1 and Amendment No. 2; Approved, 5-0)
07-20-2004
PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for
FY 2005, and set the budget review and adoption schedule. (Motion to adopt "proposed"
millage rate of 8.23 with direction to City Manager to work to reduce to 8 mils; Approved, 5-0)
PENSION MULTIPLIER INCREASE FOR RETIRED POLICE OFFICERS
AND FIREFIGHTERS IN THE DEFERRED RETIREMENT OPTION
PLAN (DROP): Consider a request from retirees in the Deferred Retirement Option
Plan (DROP) to be allowed to purchase the increase in pension multiplier from 3% to 3
V:% which was approved for Police Officers and Firefighters earlier this year. (Direction
to staff to prepare ordinance)
REFERENDUM BALLOT QUESTIONS/REMOVING DEED
RESTRICTIONS: Consider approval of the revised ballot wording for the
Referendum Special Election to be held on November 2, 2004 regarding removing the
deed restrictions on Block 52 (Tennis); and on the North 48 feet of Lot 15, Block 101
(Library) and provide direction regarding advertising in Creole as well as Spanish and
English. (Consensus of the Commission to move forward with Version No. 3)
BEXLEY PARK ISSUES: Bexley Park update and/or authorization to take action.
(Discussed Bexley Park Issues)
RATIFICATION OF APPOINTMENTS TO THE PARKING
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MANAGEMENT ADVISORY BOARD: Ratify the reappoinunents of Ronald
Radabaugh as the Chamber of Commerce representative and Richard Sheremeta as the
Downtown Deve/oi3ment ~4~tho~i~ representative on the Parking Management Advisory
Board for terms ending August 1, 2006. (Approved, 5-0)
CONTRACT AWARDS/CHEMICALS AND FERTILIZERS: Consider approval
of multiple contract awards, for the purchase of chemicals and fertilizers, via the Co-op
Bid #2004-10 at an estimated annual cost of S212,380.00. Funding from Parks and
Recreation Operating Budget in the estimated amount of S102,380.00 and from the
Delray Beach Municipal Golf Course and Lakeview Golf Course operating budgets in
the estimated amount Sll0,000.00. FY 2004/2005. (Approved, 5-0)
PUBLIC HEARINGS:
ORDINANCE NO. 32-04: Privately initiated small scale Future Land Use Map
(FLUND Amendment from CF-R (Community Facilities-Recreation) to CC
(Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central
Business District) for a 2.42 acre parcel of land to be known as The Strand, bordered by
S.E. 1st Street on the north, S.E. 2~d Street on the south, S.E. 3~d Avenue on the east, and
the Florida East Coast (F.E.C.) Railway on the west. (Quasi-JudiciM Hearing)
(Approved, 5-0)
RESOLUTION NO. 55-04: Consider approval of a resolution adopting the final
assessment roll, Pineapple Grove Way Special Assessment District. (Approved, 5-0)
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RESOLUTION NO. 56-04: A resolution establishing a budget for the Stormwater
Utility System, establishing the rates for FY 2005 Stormwater Management
Assessments, and certifying and adopting the Stormwater Assessment Roll. (Approved,
5-0)
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ORDINANCE NO. 37-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Ordinance No. 13-04, Section 4, "Duration of
Moratorium/Extension of Moratorium" to extend the moratorium on Adult Arcade
Establishments for ninety (90) days. (Quasi-JudicialHearing) (Approved, 5-0)
ORDINANCE NO. 34-04: An ordinance amending the Land Development
Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide
updated regulations for Satellite Dishes and Antennas. (Postponed due to t~rther
advertising) (Motion to POSTPONE; 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.
FIRST READINGS:
ORDINANCE NO. 45-04: An ordinance amending Chapter 111, "Advertising", by
repealing Chapter 111 in its entirety and amending Chapter 118 "Solicitors and
Peddlers", by repealing Chapter 118 in its entirety and enacting a new Chapter 118
"Solicitors and Peddlers", to provide an updated code including new provisions on the
vending of products from motor vehicles. If passed, a public hearing will be scheduled
for August 3, 2004. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 16, 2004
07-20-2004