10-11-05 Agenda Results - Regular
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
City Commission Meeting 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, October 11, 2005
Generally, remarks
and the right to limit discussion rests with the Commission.
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.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
A.
Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
section.
Delray Beach City Hall
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 at the specific request of individual City Commission members.
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
The City will furnish auxiliary aids and services to afford an individual with a
Delray Beach, Florida 33444
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-
Phone: (561) 243-7000
7127, 24 hours prior to the event in order for the City to accommodate your
Fax: (561) 243-3774
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 Revised Agreement for Item 9.E, Revised Agreement/
Match Point, Inc.; Revised Resolution for Item 9.M, Resolution No. 83-05; Commissioner Levinson
requested Item 9.P, Request for Mediation/Public Meeting Rules, be moved to Item 9.A.1; Approved as
amended, 5-0)
5.APPROVAL OF MINUTES:
?
September 20, 2005 – Regular Meeting (
Approved, 5-0)
6.PROCLAMATIONS:
A.Recognizing and Commending the Delray Divas Step Dance Teams
B.Florida City Government Week – October 16-22, 2005
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C.Bethel Evangelical Baptist Church of Delray – 25 Anniversary
7.PRESENTATIONS:
A.RESOLUTION NO. 77-05: Recognizing and Commending James Mihori and
Chieko Mihori for their years of dedicated service to Sister Cities (
Approved, 5-0)
B.Sister Cities/Youth Ambassadors
C.“Spotlight on Education” – Tammy Ferguson, Principal of Village Academy
D.Community Land Trust – Joseph E. Gray, Assistant Director, Community
Redevelopment Agency
8.CONSENT AGENDA: City Manager Recommends Approval. (
Approved, 5-0)
A.FINAL SUBDIVISION PLAT APPROVAL/TROPIC ISLES TOWNHOMES
REPLAT: Approve the subdivision plat for Tropic Isles Townhomes, an eight (8) lot,
fee-simple, townhouse development, located at the northwest corner of Frederick
Boulevard and Avenue “H”.
B.RESOLUTION NO. 75-05: Approve Resolution No. 75-05 assessing costs for
abatement action required to remove nuisances on two (2) properties throughout the
City.
C.RESOLUTION NO. 76-05: Approve Resolution No. 76-05 amending Resolution
No. 2-82 to remove the requirement that the Hamlet Residents’ Association Articles of
Incorporation, Bylaws, or Declaration of Restrictive and Maintenance Covenants may
not be amended or terminated without the City’s approval.
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D.RESOLUTION NO. 78-05: Approve Resolution No. 78-05 supporting the use of
red light cameras.
E.AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/AUBURN
TRACE: Approve an Amendment to the Contract for Sale and Purchase between the
City and Auburn Trace to reflect that Auburn Trace, Ltd. shall seek release of an
easement for drainage by the School District, from the Seller’s mortgage, if required.
F.CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement
between the City and Chris Evert Charities, Inc. for the Chris Evert Pro-Celebrity
Tennis Classic to be held at the Tennis Center in December for the years 2005, 2006,
and 2007; and the City will make the following contributions to Chris Evert Charities,
Inc.: $40,000.00 in 2005, $41,200.00 in 2006, and $42,400.00 in 2007. Funding is
available from 001-4210-575-55.43 (General Fund/Chris Evert Classic Tournament).
G.ACCEPTANCE OF RIGHT-OF-WAY DEED/GEORGE BUSH
BOULEVARD: Approve and accept a right-of-way deed associated with a seven (7)
foot strip of property along the north side of George Bush Boulevard, located between
north and southbound Federal Highway.
H.SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve and
endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation
Department and the Chamber of Commerce to be held on December 10, 2005
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
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Avenue to N.W. 1 Avenue; Miramar and Lowery for parade set up from approximately
4:00 p.m. to 7:30 p.m.; and authorize staff support for traffic control and security, EMS
assistance, barricade set-up/removal, trash removal/clean up, and processing of the
FDOT permit.
I.INTERLOCAL AGREEMENT/BOYNTON BEACH: Approve an Interlocal
Agreement with the City of Boynton Beach for the assignment of a fire-safety trailer by
the City of Delray Beach to the City of Boynton Beach.
J.SERVICE AUTHORIZATION NO. 4/SPATIAL FOCUS, INC.: Approve
Service Authorization No. 4 to Spatial Focus, Inc. in the amount of $32,000.00 for the
completion of the citywide Address and Geo Audits. Funding is available from 442-
5178-536-31.90 (Water/Sewer Renewal and Replacement Fund/Other Professional
Services).
K.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ EQUIPMENT,
INC.: Approve Change Order No. 1 (Contract Addition) between the City and Chaz
Equipment, Inc. in the amount of $59,500.00 for construction of a secondary
containment enclosure at the Water Treatment Plant as an addition to the Swinton
Avenue Beautification Phase II Project construction contract. Funding is available from
442-5178-536-64.45 (Water/ Sewer Fund/Gas Chlorine Conversion).
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L.CHANGE ORDER NO. 4 (CONTRACT ADDITION)/ASPHALT
CONSULTANTS, INC.: Approve Change Order No. 4 (Contract Addition) between
the City and Asphalt Consultants, Inc. in the amount of $170,107.23 for additional
services associated with the replacement of an existing sewer main as part of the
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N.W./S.W. 5 Avenue Beautification Project. Funding is available from 442-5178-536-
63.51 (Water & Sewer/Renewal/Replacement/Sewer Mains) and 334-3162-541-65.83
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(General Construction Fund/N.W./S.W. 5 Avenue).
M.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/HARTZELL
CONSTRUCTION, INC.: Approve Change Order No. 1 (Contract Addition)
between the City and Hartzell Construction, Inc. in the amount of $115,204.00 for the
Chatelaine sidewalks. Funding is available from 334-6130-541-63.89 (General
Construction Fund/Neighborhood Improvements).
N.LEGISLATION OPPOSITION: Approve the City’s opposition to U.S. Senate Bill
1349 and House Bill 3146 “Video Choice Act” that would preempt the City’s authority
over video services and reduce the City’s ability to obtain support for public,
educational, and government (PEG) capacity; and authorize the Mayor to send an
opposition letter.
O.FLORIDA DEPARTMENT OF TRANSPORATION (FDOT) LANDSCAPE
MAINTENANCE COMMITMENT/ATLANTIC AVENUE/SOUTH
FEDERAL HIGHWAY: Approve a Florida Department of Transportation (FDOT)
Landscape Maintenance Commitment to accept maintenance responsibility for
landscaping to be installed on West Atlantic Avenue, West/East Atlantic Avenue, and
South Federal Highway (US 1) as part of three (3) Resurfacing, Restoration, and
Rehabilitation (RRR) Projects.
P.HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve
Housing Rehabilitation grant/contract award through the Community Development
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Division in the amount of $29,585.00 to Sun Sand Builders (220 N.W. 2 Street).
Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership
(SHIP) Program/Housing Rehabilitation).
Q.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 19, 2005 through October 7, 2005.
R.AWARD OF BIDS AND CONTRACTS:
1.Contract renewal with Pencco, Inc. for the purchase of hydrofluorosilicic acid
at an estimated annual cost of $20,352.00 for the Water Treatment Plant.
Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals)
FY 05/06.
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2.Purchase award to Don Reid Ford in the amount of $15,698.00 via the Florida
Sheriff’s Association Contract #(FSA) 04-12-0823 for the purchase of one (1)
2006 Ford Escape small size utility 4 x 2 Truck for the Utilities Customer
Service Division. Funding is available from 441-5112-536-64.20 (Water/Sewer
Fund/Automotive).
3.Purchase award to Garber Ford Mercury in the amount of $20,846.00 via the
Florida Sheriff’s Association Contract #(FSA) 04-12-0823 for the purchase of
one (1) 2006 Ford F-250 SD ¾ ton Pick-up Truck for Parks Maintenance.
Funding is available from 001-4138-572-64.20 (General Fund/Automotive).
4.Purchase award to Taylor Data Systems, Inc. in the amount of $22,431.76 for
the purchase of four (4) additional in-vehicle Mobile Data Terminals with
software and wireless service for the Fire Department. Funding is available
from 115-2311-522-64.90 (Special Projects Fund/Other Machinery/
Equipment).
5.Purchase award to GameTime in the amount of $45,550.12 via Florida State
Contract #650-001-04-1 for the purchase of the Extravaganza model
playground equipment for Miller Park. Funding is available from 334-6112-572-
64.33 (General Construction Fund/Replace Playground Equipment).
6.Bid award to various vendors for the purchase of chemicals and fertilizers via
Co-op Bid #2005-32 for a total estimated annual cost of $134,000.00. Funding
is available from 001-4131-572-52.26 (General Fund/Gardening Supplies), 445-
4714-572-52.26 (Delray Beach Municipal Golf Course Fund/Gardening
Supplies), and 446-4714-572-52.26 (Lakeview Golf Course Fund/Gardening
Supplies).
7.Bid award to multiple vendors for the purchase of gasoline and diesel fuel via
the Palm Beach County Co-op Bid #05154 at an estimated annual cost of
$1,370,570.00. Funding is available from 445-4714-572-52.11 (Delray Beach
Municipal Golf Course Fund/Fuel/Oil Other), 446-4714-572-52.11 (Lakeview
Golf Course Fund/Fuel/Oil Other), 501-3311-591-52.51 (Central Garage
Fund/Inventory/Fuel) and 441-5122-536-52.11 (Water/Sewer Fund/Fuel/Oil/
Other); and 001-2111-521-52.10, 001-2113-521-52.10, 001-2115-521-52.10, 001-
2117-521-52.10, 001-2119-521-52.10, and 001-2121-521-52.10 (General Fund/
Police Department/Inventory/Fuel).
8.Purchase award to Southern Sewer Equipment Sales in the amount of
$223,518.00 via the Florida Department of Transportation Contract #PO384
for the purchase of one (1) Vac-Con Sewer Cleaning Truck for the
Environmental Services Department. Funding is available from 448-5461-538-
64.25 (Storm Water Utility Fund/Heavy Equipment) and 442-5178-536-64.25
(Water/Sewer Renewal and Replacement Fund/Heavy Equipment).
9.Purchase award to PVS Technologies, Inc. in the amount of $133,900.00 for
ferric chloride for use in the Water Treatment Plant. Funding is available from
441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
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9.REGULAR AGENDA:
A.1 REQUEST FOR MEDIATION/PUBLIC MEETING RULES: Consider a
request for mediation per Florida Statutes 16.60 regarding a public access dispute.
(Motion to approve the request for mediation; DENIED, 5-0)
A.AGREEMENTS/EAGLE’S NEST PROGRAM: Consider approval of the
Interlocal and Multiple Party Agreement, to include a Construction Agreement, between
the City and the Community Redevelopment Agency (CRA), Chamber of Commerce,
and School Board of Palm Beach County for the Eagle’s Nest Program at the Atlantic
High School Career Academy.
(Motion to approve the Interlocal and Multiple Party
Agreement, including the construction agreement; Approved; 5-0)
B.APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SUBWAY REAL ESTATE CORP.: Consider an appeal of the Site
Plan Review and Appearance Board’s denial of the Subway Sign, located at 660 Linton
Boulevard. (Quasi-Judicial Hearing)
(Motion to approve Board Order as modified;
Approved; 5-0)
C.WAIVER REQUEST/209 PALM TRAIL: Consider a waiver request to waive Land
Development Regulations, Section 7.9.8, “Finger Piers; Standards for Approval”, and
Section 7.9.7, “Dolphins; Standards for Approval”, to allow a dock to extend 48 feet
from the seawall at 209 Palm Trail, pursuant to Section 7.9.4(A), “Modification of
Standards for Approval; Appeals”. (Quasi-Judicial Hearing)
(Approved, 5-0)
D.REQUEST FOR IN-LIEU PARKING SPACES/ROCKY’S RESTAURANT:
Consider a request from Rocky’s Restaurant for the purchase of three (3) in-lieu parking
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spaces in the amount of $36,000.00. Rocky’s Restaurant is located at 20 S.E. 5 Avenue
(Southbound Federal Highway). (Quasi-Judicial Hearing)
(Approved, 5-0)
E.REVISED AGREEMENT/MATCH POINT, INC.: Consider approval of a
revised agreement between the City and Match Point, Inc. regarding an annual
professional tennis event sanctioned by the ATP, Tour, Inc. to be held at the Tennis
Center.
(Motion to approve revised agreement as amended; Approved; 5-0)
F.AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider approval of an
agreement between the City and Horse Drawn Carriages, Inc. to provide horse and
carriage rides along Atlantic Avenue as specified from November 1, 2005 through April
30, 2006.
(Motion to approve agreement for the period November 1, 2005 through midnight,
April 2, 2006; Approved, 4-1; Mayor Perlman dissenting)
G.WIFI SERVICES: Status report on WiFi Services for the Atlantic Avenue Business
Community.
H.ITEM REMOVED FROM AGENDA
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I.FACILITY NAMING/FIRE-RESCUE TRAINING CENTER:Consider a
request to name the recently acquired Train Depot, located at 80 Depot Avenue, as
“The Peter L. Firehock Public Safety Training Center”, to recognize Paramedic Peter L.
Firehock.
(Consensus of the Commission to approve; will come back as a Resolution)
J.SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider
approval and endorsement of Art & Jazz on the Avenue scheduled for December 8,
2005 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section
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2.4.6(H) for the closure of Atlantic Avenue from Swinton Avenue to N.E. 7 Avenue,
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the south side of Atlantic Avenue from N.E. 7 Avenue to just past the Blue Anchor
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Pub, Railroad Drive from Atlantic Avenue to N.E. 1 Street, and N.E. 2 Avenue from
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Atlantic Avenue to N.E. 2 Street (street closure will be from 3:00 p.m. to
approximately midnight); and authorize staff support for security and traffic control,
banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance,
and use/set up of City Stages.
(Approved, 3-1; Mayor Perlman left the dais and passed the
gavel to Vice-Mayor Levinson)
K.SPECIAL EVENT REQUEST/HOLIDAY TREE LIGHTING: Consider
approval and endorsement of the Annual Holiday Tree Lighting to be held on the
grounds of Old School Square on November 26, 2005 from approximately 6:00 p.m. to
9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for use and
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closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 2 Avenue, SE 1
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Avenue from Atlantic Avenue to the alley and NE 1 Avenue from Atlantic Avenue to
the alley from approximately 4:00 p.m. to 11:00 p.m., staff assistance for traffic control
and security, EMS assistance, barricade set-up/removal, trash removal/clean up, set
up/use of the large stage and City generator.
(Approved, 3-1; Mayor Perlman away from
the dais)
L.AGREEMENT/RCC CONSULTANTS, INC.: Consider approval of an agreement
between the City and RCC Consultants, Inc. in the amount of $162,960.00, plus travel,
lodging, or other applicable out-of-pocket expenses regarding the rebanding of the 800
MHz System as mandated by the Federal Communications Commission (FCC) due to
interference from Nextel in the 800 MHz range. It is expected that the City will recoup
the fees from Nextel.
(Motion to TABLE; Approved, 5-0)
M.RESOLUTION NO. 83-05: Consider approval of Resolution No. 83-05 and Cable
Franchise Transfer Agreement authorizing the transfer of the cable franchise from
Adelphia to Comcast.
(Motion to approve Resolution No. 83-05 and the Franchise Transfer
Agreement; Approved; 5-0)
N.RESOLUTION NO. 74-05: Consider approval of Resolution No. 74-05 authorizing
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the City to purchase property generally located on N.E. 2 Avenue, just North of East
Atlantic Avenue to provide land for a downtown park; and Contract for Sale and
Purchase between the City and the Delray Beach Community Redevelopment Agency in
the amount of $6,500,000.00.
(Approved, 4-0; Mayor Perlman filed Conflict of Interest,
passed the gavel to Vice-Mayor Levinson, and left dais)
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O.SIXTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY (CRA): Consider approval of the Sixth
Amendment to the Block 77 Contract between the Community Redevelopment Agency
(CRA) and Block 77 Development Group, L.C. to preserve the City’s right of reverter
of its current parking, if the parking lot on Block 69 is not completed within twelve (12)
months of the date of the permit; and allows the City the option to proceed against the
surety for the completion of the garage.
(Approved, 4-0; Mayor Perlman filed Conflict of
Interest)
P.(MOVED TO ITEM 9.A.1)
Q.OFFER OF JUDGMENT IN PETERS v. CITY OF DELRAY BEACH:
Consider making an Offer of Judgment in the amount of $7,501.00 in Peters v. City of
Delray Beach. (
Approved, 4-0; Commissioner McCarthy away from dais)
R.SETTLEMENT OFFER IN JUDKINS v. CITY OF DELRAY BEACH:
Consider a Settlement Offer in the amount of $40,000.00 in Judkins v. City of Delray
Beach. Staff recommendation is acceptance. (
Approved, 4-0; Commissioner McCarthy
away from dais)
S.APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate
member to the Civil Service Board for an unexpired term ending July 1, 2006. Based
upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
(Deferred to October 25, 2005; Commissioner McCarthy returned to dais)
T.APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance
Board for an unexpired term ending August 31, 2006. Based upon the rotation system,
the appointment will be made by Commissioner McCarthy (Seat #4).
(Appointed Mark
Gregory and approved, 5-0)
10.PUBLIC HEARINGS:
A.ORDINANCE NO. 32-05 (SECOND READING/SECOND PUBLIC
HEARING): City initiated rezoning from County – AR (Agricultural Residential) to
City R-1-A (Single Family Residential) for Country Club Acres, located on the east side
of Military Trail, south of West Atlantic Avenue. (Quasi-Judicial Hearing)
(
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 Public.
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12.FIRST READINGS:
A.ORDINANCE NO. 73-05: An ordinance amending Chapter 32, “Departments,
Boards, and Commissions”, by enacting Sections 32.60 et seq creating a Police Advisory
Board. If passed, a public hearing will be scheduled for October 25, 2005. (
Approved,
5-0)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
POSTED: OCTOBER 7, 2005
****** Meeting adjourned at 9:51 p.m. ******
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