03-01-05 Agenda Results-Regular
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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.
Tuesday, March 1, 2005
A. Public Hearings: Any citizen is entitled to speak on items under this
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: 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.
100 NW 1st Avenue
De1ray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted the addition of Item 8.K, Contract Addition (Change Order
No. 2)/ Asphalt Consultants, Inc., to the Consent Agenda by addendum; additional information for Item
9.A, I-Net Agreement/ Adelphia Cable Communications; additional information for Item 10.B,
Franchise Agreement/ Adelphia Communications Corp.; and staff requested that Item 8.E, Biological
Monitoring Activities, be moved to the Regular Agenda as Item 9.A.l; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. February 15, 2005 - Regular Meeting (Approved as amended, 5-0)
6. PROCLAMATIONS:
A. Recognizing and commending Tom Kwiatek - Administration/Recreation Division -
Parks and Recreation Department Employee of the Year for 2004, and Jo Wagenhals -
Ocean Rescue Division and Jesse Melendez - Parks Maintenance Division as Parks
and Recreation Top Employees of the Year 2004
B. Recognizing Lucille and Johnnie Jones' 75th Wedding Anniversary
7. PRESENTATIONS:
. Old School Square Parking Garage Presentation, PGAL/Eliopoulos
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. ACCEPTANCE OF RIGHT-OF-WAY DEED/136 N.E. 1ST AVENUE: Approve
and accept a right-of-way deed associated with the Ferrara Duplex, located at 136 N.E.
1st Avenue.
B. AMENDMENT TO THE 2002 SUB GRANT AGREEMENT/STATE OF
FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve an
amendment to the 2002 Subgrant Agreement with the Florida Department of Financial
Services to accept a light duty rescue vehicle valued at $69,587.00 and Hazardous
Materials Sustainment Funds in the amount of $10,363.91 for equipment replacement,
instrument testing, and calibration.
C. SERVICE AUTHORIZATION NO. 04-01/HAZEN AND SAWYER, INC.:
Approve Service Authorization No. 04-01 to Hazen and Sawyer, Ine. in the amount of
$22,932.00 for the design and preparation of construction documents for adding an
additional lane on N.E. 4th Street between N.E. 5th Avenue and N.E. 6th Avenue.
Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/N.E. 4th
Street - N.E. 5th Ave. to N.E. 6th Ave.).
03-01-2005
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D. RESOLUTION NO. 7-05: Approve a resolution to set the public hearing date for
the Seacrest/Del-Ida Special Assessment District Final Assessment Roll.
E. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
F. EXPANDED SEA TURTLE MONITORING ACTIVITIES: Approve expanded
Sea Turtle Monitoring Activities in association with the upcoming beach renourishment
activity in the amount of $38,750.00 per year through the year 2007. Funding is
available from 332-4164-572-34.90 (Beach Restoration Fund/Other Contractual
Services) .
G. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $17,000.00 to allow the applicant to secure new
financing.
H. SITES SURVEY/GAl CONSULTANTS, INC./OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD): Consider approval to proceed with the
Old School Square Historic Arts District (OSSHAD) Sites Survey Task and approve an
agreement with GAI Consultants, Ine. in the amount of $15,000.00. Funding is
available from 001-2511-515-31.90 (General Fund/Other Professional Services).
1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 14, 2005 through February 25,2005.
J. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Florida Bullet in the amount of $17,030.50 for the purchase
of ammunition for training, new hire and annual qualifications, and mandatory
tactical training for the Police Department. Funding is available from 001-2111-
521-52.20 (General Fund/General Operating Supplies).
2. Bid award to Red Wing Shoe Store at an estimated annual cost of $31,900.00 via
the City of Pompano Beach Bid #H-24-05 for the purchase of safety shoes for
City Employees. Funding is available from various departments' operating
expense budgets.
3. Purchase award to Clarke Waste Systems, Ine. in the amount of $25,050.00 for
the purchase of an Applied Green Machine Sidewalk Sweeper Model 424 RS.
Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/Other
Machinery/Equipment) .
K. CONTRACT ADDITION (CHANGE ORDER NO. 2)/ ASPHALT
CONSULTANTS,INC: Approve a Contract Addition (Change Order No.2) between
the City and Asphalt Consultants, Ine. in the amount of $91,065.00 for additional
services associated with the replacement of an existing water main as part of the
NW/SW 5th Avenue Beautification Project. Funding is available from 442-5178-536-
65.83 (Water & Sewer/Renewal/Replacement/NW /SW 5th Avenue).
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9. REGULAR AGENDA:
A. 1. BIOLOGICAL MONITORING ACTIVITIES: Approve Biological Monitoring
Activities to be conducted by Coastal Planning and Engineering in the amount of
$192,817.00 in association with the upcoming beach renourishment activity. Funding is
available from 332-4164-572-31.30 (Beach Restoration Fund/Engineering/Architect).
(Motion to approve amended Biological Monitoring Activities; Approved, 5-0)
A. I-NET AGREEMENT / ADELPHIA CABLE COMMUNICATIONS: Consider
approval of an agreement with Adelphia Cable Communications to provide fiber optic
service to City facilities. (Motion to approve 10 year, $395/month agreement with Adelphia
Cable Communications; Approved, 3-2; Commissioner Archer and Commissioner Levinson
dissenting)
B. WAIVER REQUEST /3725 LONE PINE ROAD: Consider a waiver request to
waive Land Development Regulations (LDR) Section 6.1.4(C)(2), "Maximum Width",
to allow an increase in driveway width at 3725 Lone Pine Road. (Quasi-Judicial
Hearing) (Approved, 4-0; Commissioner Costin filed Conflict ofInterest)
C. REQUEST TO LEASE PARKING SPACES/CAFFE LUNA ROSA: Consider a
request from Caffe Luna Rosa to lease forty (40) parking spaces at a rate of $30.00 per
space per month in the Gleason, Sandoway and Ingraham Parking Lots; and authorize
staff to draft an agreement and create dashboard passes. Caffe Luna Rosa is located at
34 South Ocean Boulevard. (Approved, 5-0)
D. AGREEMENT /R&S INTEGRATED PRODUCTS AND SERVICES, INC.:
Consider approval of an agreement with R&S Integrated Products and Services, Ine. in
the amount of $22,995.00 for the EasyAgenda Software including support and
upgrades. Funding is available from 001-1411-512-66.10 (General Fund/Software) and
001-1411-512-46.90 (General Fund/Other Repair/Maintenance Costs). (Approved, 5-0)
E. PURCHASE AWARD/PROSYS INFORMATION SYSTEMS: Consider approval
of a purchase award to ProSys Information Systems in the amount of $487,977.00 via
Florida State Contract #250-000-03-1 for the purchase of 133 Panasonic CF-29
replacement laptops. Funding is available from 334-6112-521-64.11 (General
Construction Fund/Computer Equipment). (Approved, 5-0)
F. AMENDED AND RESTATED AGREEMENT /DELRAY MERCHANT'S
ASSOCIATION/SOUL OF DELRAY: Consider approval of the amended and
restated agreement between the City and the Delray Merchant's Association for the
repayment of funds owed to the City for the 2002 Celebrate the Soul of Delray Event.
(Motion to approve with change in date from May 21, 2005 to June 21, 2005 for Delray
Merchant's Association payment to the City; Approved, 4-0; Mayor Perlman left dais and passed
the gavel to Vice-Mayor McCarthy)
G. CULTURAL LOOP COMMUNITY CHAIR PROJECT: Consider approval of
the Cultural Loop Community Chair Project and installation of the chairs on City
owned property. (Motion to approve with staff recommendations; Approved 4-0)
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H. ALTERNATE SITE/CITY STORAGE FACILITY: Environmental Services staff
will present an alternate site for the City's storage facility. (Mayor Perlman returned to
dais)
1. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
regular member to the Board of Adjustment for an unexpired term ending August 31,
2005. Based upon the rotation system, the appointment will be made by Commissioner
Costin (Seat #1). (Appointed Lisa Shaheen and approved, 5-0)
J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3). (Appointed Samuel Resnick and approved, 5-0)
K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority for an
unexpired term ending July 1, 2005. Based upon the rotation system, the appointment
will be made by Mayor Perlman (Seat #5). (Appointed David Beale and approved, 5-0)
L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) At Large Representative to the Neighborhood Advisory Council for an
unexpired term ending October 31, 2007. Based upon the rotation system, the
appointment will be made by Commissioner McCarthy (Seat #4). (Appointed Marilyn
Kennedy and approved, 4-1; Commissioner Levinson dissenting)
M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
two (2) alternate members to the Nuisance Abatement Board for unexpired terms
ending March 31, 2005. Based upon the rotation system, the appointments will be
made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3).
(Appointed Philip Friedman and approved, 5-0; and appointed Kenneth Kaltman and approved,
5-0)
N. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to the Parking Management Advisory
Board to represent the Atlantic Avenue and State Road AlA corridors lying east of the
Intracoastal Waterway for a term ending January 31, 2006. Based upon the rotation
system, the appointment will be made by Commissioner Archer (Seat #2). (Re-
appointed Jorge Ramos and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 10-05: An ordinance repealing Chapter 93, "The City of Delray
Beach Cable Television Ordinance", in its entirety and replacing it with a new and
updated Chapter 93 to allow the ordinance to appropriately mesh with the proposed
franchise agreement with Adelphia. (Motion to approve Ordinance No. 10-05; Approved, 5-
0)
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B. FRANCHISE AGREEMENT / ADELPHIA COMMUNICATIONS CORP.:
Consider approval of a Franchise Agreement with Adelphia Communications Corp.
which will renew the City's cable franchise with Adelphia for a ten (10) year period.
(First motion to approve the Franchise Agreement; Approved, 3-2; Commissioner Archer and
Commissioner Levinson dissenting. Second motion to approve Resolution No. 10-05;
Approved, 5-0)
C. ORDINANCE NO. 5-05: City initiated amendment to Land Development
Regulations (LDR) Section 6.3.3, "Sidewalk Café", to strengthen requirements to
mitigate issues and concerns identified in the Clean and Safe Committee studies of the
downtown area. (Approved, 5-0)
D. ORDINANCE NO. 6-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) 4.4.5 "Low Density
Residential (RL) District", enacting performance standards and providing for
recreational areas for multi-family developments to mitigate the impacts of additional
density from a base density of three (3) units per acre to a maximum of six (6) units per
acre and changing review of site plans from the Planning and Zoning Board to the Site
Plan Review and Appearance Board or the Historic Preservation Board. If passed, a
second public hearing will be scheduled for March 15, 2005. (Approved, 5-0)
E. ORDINANCE NO. 11-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations Section 2.4.4(E),
"Expiration of Approvals", to provide for a longer expiration period for Conditional
Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision
Plats. If passed, a second public hearing will be scheduled for March 15, 2005.
(Approved, 5-0)
F. ORDINANCE NO. 9-05: An ordinance amending Section 36.05 of the City Code,
"Bidding Procedures", clarifying the use of Construction Management at Risk
Contracts; amending Section 36.11 "Definitions", to provide that the City may use a
Construction Manager at Risk Contract on construction projects. (Approved, 5-0)
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 Pub lie.
12. FIRST READINGS:
. NONE
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 25, 2005
****** Meeting adjourned at 9:05p.m. ******
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