11-01-05 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, November 1, 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.
(Commissioner McCarthy absent)
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Mayor noted Item 6.A, Recognizing and Commending the Delray Beach
Ocean Rescue Lifeguard Competition Team, is postponed due to a request from staff; Item 7.A, Special
Recognition Award – Brittany Smith, and Item 7.B, Special Recognition Award – Marty Riger, have been
postponed; Item 7.C, Spotlight on Youth, and Item 7.D, Spotlight on Neighborhoods, have been
postponed due to a request from staff; Item 8.N, Amendment No. 2 to D&J Enterprises, Inc., has been
added to the Consent Agenda by Addendum; Item 9.K, Resolution No. 87-05, has been added to the
Regular Agenda by Addendum; Item 8.F, Change Order No. 3 (Contract Addition)/Rosso Paving and
Drainage, Inc., has been moved to the Regular Agenda as Item 9.L; Approved as amended, 4-0)
5.APPROVAL OF MINUTES:
?
October 11, 2005 – Regular Meeting (
Approved, 4-0)
?
October 18, 2005 – Special/Workshop Meeting (
Approved, 4-0)
6.PROCLAMATIONS:
A.Recognizing and Commending the Delray Beach Ocean Rescue Lifeguard Competition
Team
(POSTPONED due to a request from staff)
B.Recognizing and Commending Fire-Rescue Division Chief Russell Accardi
C.Recognizing and Commending Fire-Rescue Lieutenant Ed Crelin
D.Recognizing and Commending Allen Antolic
(POSTPONED to November 15, 2005)
E.Family Literacy Month – November 2005
F.Recognizing and Commending The Center for Technology, Enterprise, and
Development, Inc.
G.National Hospice Month – November 2005
7.PRESENTATIONS:
A.Special Recognition Award – Brittany Smith
(POSTPONED)
B.Special Recognition Award – Marty Riger
(POSTPONED)
C.“Spotlight on Youth” – John Morley, President of the Delray Beach Youth Council
(POSTPONED due to a request from staff)
D.“Spotlight on Neighborhoods” – Gail-Lee McDermott, Chairman, Neighborhood
Advisory Council
(POSTPONED due to a request from staff)
E.Update on R.A.C.E. (Relationship between Authorities, Citizens, and Experts), Samuel
E. Mathis, Jr., Diversity Business Strategist and Advisor
(POSTPONED)
F.Carolyn Gholston – Multi-Cultural Festival
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8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 4-0)
A.FINAL BOUNDARY PLAT APPROVAL/VILLAGE AT SWINTON SQUARE
PLAT: Approve the boundary plat for the Village at Swinton Square, located on the
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southwest corner of S.W. 10 Street and Swinton Avenue.
B.RESOLUTION NO. 85-05: Approve Resolution No. 85-05 assessing costs for
abatement action required to remove nuisances on four (4) properties throughout the
City.
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C.ACCEPTANCE OF RIGHT-OF-WAY DEED/S.W. 5 AVENUE: Approve
and accept a right-of-way deed dedicating property to the City for City right-of-way
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associated with Lot 42, S.W. 5 Avenue.
D.GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION:
Approve and accept the Florida Department of Transportation (FDOT) Highway
Safety Grant award in the amount of $41,603.00 providing partial funding for a Driving
Under the Influence (DUI) enforcement position for the Delray Beach Police
Department’s DUI program.
E.SERVICE AUTHORIZATION NO. 18/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 18 to Currie Sowards Aguila
Architects in the amount of $147,500.00 for consulting services for the design and
construction of the proposed new Administration Building at the Environmental
Services Department (ESD) site. Funding is available from 441-5161-536-62.32
(Water/Sewer Fund/ESD Building Expansion).
F.(MOVED TO ITEM 9.L ON THE REGULAR AGENDA)
G.RESOLUTION NO. 86-05: Approve Resolution No. 86-05 recognizing Paramedic
Peter L. Firehock by naming the Fire-Rescue Training Center, located at 80 Deport
Avenue, The Peter L. Firehock Public Safety Training Center.
H.HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through the Community Development
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Division in the amount of $15,907.50 to Preston Construction (351 N.W. 4 Avenue)
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and $20,291.25 to South Florida Construction (147 S.W. 14 Avenue). Funding is
available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP)
Program/Housing Rehabilitation).
I.SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City’s
second mortgage in the amount of $27,530.00 to allow the applicant to secure new
financing.
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J.ALTERNATIVE WATER SUPPLY GRANT PROGRAM
AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Approve and accept a 2005-2006 Alternative Water Supply Funding
Program Grant Agreement in the amount of $500,000.00 with the South Florida Water
Management District (SFWMD) for the Area 2 and 3 Reclaimed Water Transmission
System Project.
K.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 10, 2005 through October 21, 2005.
L.AWARD OF BIDS AND CONTRACTS:
1.Contract award to Horsepower Electric, Inc. in the amount of $298,298.00 for
the U.S. 1 and Tropic Boulevard Signalization Project. Funding is available
from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic
Boulevard).
2.Approve the purchase of 100 Citrix Licenses from CompServ in the amount of
$27,700.00 via the Florida State Contract #250-040-99-1 to allow the Police
Department to access the Criminal Justice Network (CJNET) and Palms in-
house and in patrol vehicles. Funding is available from 001-2113-521-66.10
(General Fund/Software).
3.Approve a blanket purchase order, requisition number 121815, with Boca Tire,
Inc., in the amount of $30,000.00 via Florida State Contract #863-000-03-1, for
the purchase of various tires as needed. Funding is available from 501-3311-
591-52.20 (General Garage Fund/General Operating Supplies).
4.Approve a blanket purchase order with Otto Waste Systems, in the amount of
$149,999.00 for the purchase of garbage carts with lids and wheels as needed.
Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal &
Replacement).
5.Approve a blanket purchase order, requisition number 121395, with Poolsure in
the amount of $43,500.00 for the purchase and delivery of Sodium Hypochlorite
and Calcium Hypochlorite as needed. Funding is available from 441-5123-536-
52.21 (Water/Sewer Fund/Chemicals).
6.Purchase award to 3M Traffic Safety Systems Division in the amount of
$15,166.60 via the Osceola Board of County Commissioners Bid #A/R #05-
412-TM and pricing from an expired State Contract for the purchase of sign
materials and barricade tape materials for the City’s Sign Shop. Funding is
available from 001-3141-541-52.20 (General Fund/General Operating Supplies).
7.Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in
the amount of $203,488.06 via the Florida Sheriff’s Association, Bid #05-06-
0823 for one (1) 2006 Horton Custom Rescue Transport Vehicle for the Fire
Department. Funding is available from 501-3312-591-64.25 (Central Garage
Fund/Heavy Equipment).
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M.CONFIRMATION/EMERGENCY RESOLUTIONS: Confirm and ratify
Emergency Resolutions B (including the revised Resolution B), D and H pursuant to
Chapter 95 of the City Code of Ordinances.
N.AMENDMENT NO. 2/D & J ENTERPRISES, INC.: Approve Amendment No.
2 to D & J Enterprises, Inc., Debris Management Contract, Exhibit “B”, Part A, No. 1
to change the rate from $4.80 to $8.00 per cubic yard to bring the rates up to the
current market rate and allow the contractor to obtain subcontractors to haul the debris.
9.REGULAR AGENDA:
A.CONDITIONAL USE REQUEST/LIFE SKILLS CENTER: Consider a request
to allow the establishment of a charter school, Life Skills Center, within the PC
(Planned Commercial) zoning district, located within the Lake Ida Shopping Center at
the southwest corner of Lake Ida Road and Congress Avenue. (Quasi-Judicial
Hearing)
(Motion to approve subject to conditions in staff report; Approved, 4-0)
B.CONDITIONAL USE REQUEST/TOUSSAINT L’OUVERTURE HIGH
SCHOOL FOR ARTS AND SOCIAL JUSTICE: Consider a request to allow the
establishment of a charter school, Toussaint L’Ouverture High School for Arts and
Social Justice, within the PC (Planned Commercial) zoning district, located within the
Delray Square II Shopping Center at the northeast corner of West Atlantic Avenue and
Military Trail. (Quasi-Judicial Hearing)
(Motion to approve subject to conditions;
Approved, 4-0)
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C.CONDITIONAL USE REQUEST/5 AVENUE AT DELRAY: Consider a
request to allow a building height in excess of 48’ (to a maximum of 60’) and to allow a
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density in excess of 30 dwelling units per acre (37.30 du/ac proposed) for 5 Avenue at
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Delray, located on the east side of N.E. 5 Avenue (Southbound Federal Highway), 112’
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north of N.E. 1 Street (131-185 N.E. 5 Avenue). (Quasi Judicial Hearing)
(Motion
to approve height and density subject to conditions in staff report; Approved, 4-0)
D.BID AWARD/SPECIAL PRODUCTS GROUP: Consider approval of a bid award
to second lowest bidder, Special Products Group, at an estimated annual cost of $75,935.25
for the purchase of uniforms for the Police Department. Funding is available from 001-
2111-521-52.22 (Public Safety/Uniforms/Linen), 001-2113-521-52.22 (Support
Services/Uniforms/Linen), 001-2115-521-52.22 (Investigation/Special Ops./
Uniforms/Linen), 001-2117-521-52.22 (District 1/Uniforms/Linens), 001-2119-521-
52.22 (District 2/Uniforms/Linens), and 001-2121-521-52.22 (District 3/Uniforms/
Linens).
(Approved, 4-0)
E.AGREEMENTS/COMMUNITY CHILD CARE CENTER/CHILDREN’S
CASE MANAGEMENT ORGANIZATION: Consider approval of the agreements
between the City of Delray Beach and the Community Child Care Center (CCCC) and
the Children’s Case Management Organization (CCMO) as the non-profit providers of
services at the Village Academy Beacon Center, pursuant to the City’s contract with the
Children’s Services Council of Palm Beach County (CSC).
(Approved, 4-0)
11-01-2005
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F.OLD SCHOOL SQUARE PARKING GARAGE/CM AT RISK CONTRACT:
Consider approval of the Selection Committee’s rankings of the Proposals for the Old
School Square Parking Garage CM At Risk and authorize staff to proceed with contract
negotiations with the top ranked firm, Catalfumo Construction, Ltd.
(Approved, 3-1;
Commissioner Ellis dissenting)
G.FLORIDA LEAGUE OF CITIES, INC./FLORIDA CITIES OF
EXCELLENCE AWARDS BANQUET: Consider purchasing a table in the amount
of $750.00 at the Florida League of Cities’ Florida Cities of Excellence Awards Banquet
to be held on November 18, 2005 in Orlando, Florida. Funding is available from 001-
1111-511-48.10 (General Fund/Commission Special Event Contingency).
(Motion to
purchase up to two (2) tables at banquet; Approved, 4-0)
H.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).
(Appointed Eric Luckman and approved, 4-0)
I. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint three (3) regular members (one member for each Zone 1, 5, & 6) and an At
Large Representative to the Neighborhood Advisory Council for two (2) year terms
ending October 31, 2007. Based upon the rotation system, the appointments will be
made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5).
(Appointed L’Tanya
Allen and approved, 4-0; appointed Fred Fetzer and approved, 4-0; appointed Patricia Westall
and approved, 4-0; Commissioner McCarthy’s appointment was deferred)
J.AMENDMENT/9-1-1 INTERLOCAL AGREEMENT: Consider approval of
Amendment #001 to the Interlocal Agreement between Palm Beach County and the
City of Delray Beach and regarding the renewal terms of the agreement and addressing
within municipal boundaries. (
Approved, 4-0)
K.RESOLUTION NO. 87-05: Consider approval of Resolution No. 87-05 regarding
waiving the City’s building regulations as it relates to temporary housing. (
Approved, 4-
0)
L.CHANGE ORDER NO. 3 (CONTRACT ADDITION)/ROSSO PAVING AND
DRAINAGE, INC.: Approve Change Order No. 3 (Contract Addition) in the
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amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4 Avenue
Project. Funding is available from 334-3162-541-65.81 (General Construction
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Fund/N.E. 4 Avenue), 448-5461-538-65.81 (Stormwater Utility Fund/N.E. 4
Avenue), and 442-5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/
Water Mains).
(Motion to approve as amended; Approved, 4-0)
10.PUBLIC HEARINGS:
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. (
Approved, 4-0)
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B.WAIVER OF BIDDING REQUIREMENTS/BUS SHELTER
INSTALLATION: Consider approval of waiving the requirements of Section 36.02,
“Acquisition of Personal Property, Supplies, or Contractual Services”, and Section
36.05, “Bidding Procedures”, of the Code of Ordinances, for the installation of bus
shelters. (
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.ORDINANCE NO. 74-05: Rezoning from RO (Residential Office) to R-1-A (Single
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Family Residential) for a 0.57 acre parcel of land for 9 Street Properties, located at the
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southeast corner of N.E. 2 Avenue (Seacrest Boulevard) and N.E. 9 Street. If
passed, a public hearing will be held on November 15, 2005. (
Approved, 4-0)
B.ORDINANCE NO. 75-05: An ordinance amending Title 13, “General Offenses”, of
the Code of Ordinances, by enacting a new Chapter 136, “Sexual Offenders and Sexual
Predators”, which provides that sexual predators and sexual offenders cannot reside
within 1,500 feet of a designated school, public bus stop, day care center, or park. If
passed, a public hearing will be held on November 15, 2005. (
Approved, 4-0)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
POSTED: OCTOBER 28, 2005
****** Meeting adjourned at 8:42 p.m. ******
11-01-2005
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