01-03-06 Agenda Results Reg
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, January 3, 2006
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 the correct account number for Item 8.S.4, Purchase Order
to ConVault is 441-5161-536-63.90 (Water/Sewer Fund/Other Improvements); Correct account
number for Item 8.S.5, Contract Award to Delta Petroleum & Industrial, Inc. is 441-5161-536-63.90
(Water/Sewer Fund/Other Improvements); Funding source for Item 8.S.6 is 001-2511-515-31.90
(General Fund/Other Professional Services); Additional information for Item 8.S.6, Contract to Quality
Transport, Inc.; Additional information for Item 9.F, Appointments to the Education Board, Request
by City Attorney to move Item 8.S.6, Contract Award to Quality Transport, to the Regular Agenda as
Item 9.A.1; Reconsideration of the Police Advisory Board Appointments Item added to the Regular
Agenda as Item 9.A.2; Approved as amended, 5-0)
5.APPROVAL OF MINUTES:
?
December 6, 2005 – Regular Meeting (
Approved, 5-0)
6.PROCLAMATIONS:
A.Martin Luther King, Jr. Day – January 16, 2006
B.Calling for the First Nonpartisan Election to be held on March 14, 2006
7.PRESENTATIONS:
A.Presentation of Officer Johnny Pun’s Framed 2003 Proclamation to his family and
the Delray Youth Vocational Charter School
B.Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting (Delayed
)
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
A.FINAL SUBDIVISION PLAT APPROVAL/GRAMERCY SQUARE: Approve
the subdivision plat for Gramercy Square, a 109 lot, fee-simple, townhouse
development, located on the west side of Military Trail, approximately 660 feet south of
West Atlantic Avenue.
B.RESOLUTION NO. 2-06: Approve Resolution No. 2-06 urging members of the
Florida Legislature to support municipal issues during the 2006 Legislative Session.
C.REQUEST FOR SIDEWALK DEFERRAL/1875 LAKE DRIVE: Approve a
request to defer the installation of a sidewalk in front of 1875 Lake Drive. Staff
recommends approval.
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D.AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-
PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections
to handle and canvass the City’s absentee and provisional ballots for the March 14, 2006
First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy
tests.
E.REVISED LANGUAGE/LOCAL RULES/RULES FOR PUBLIC
PARTICIPATION: Approve an amendment to the City Commission Rules of
Procedure, Section II, Local Rules A.8.g and approve the revised language for Item 1.C.
under “Rules for Public Participation” on the first page of the Regular Commission
Meeting Agenda for clarification.
F.RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the appointment of Diane Borchardt as the Planning &
Zoning Board representative on the Parking Management Advisory Board for an
unexpired term ending August 31, 2006.
G.CONTRACT CANCELLATION/PENNCO, INC.: Authorize the cancellation of
the contract with Pennco, Inc. for the purchase of Hydrofluosilicic Acid for the Water
Treatment Plant and authorize staff to re-bid this commodity.
H.CONTRACT CANCELLATION/PREMIER BUS OPERATING COMPANY:
Authorize the cancellation of the contract with Premier Bus Operating Company for
Bus Rental and Driver Services for Parks and Recreation Camps, Special Events, Sports
& Dance Competitions, and Football Programs; and approve a temporary award to
Midnight Sun Tours until a new bid has been processed.
I.PURCHASE ORDER INCREASE/DELRAY LINCOLN MERCURY: Approve
an increase of $15,000.00 to blanket purchase order #631052, Delray Lincoln Mercury,
for the purchase of Original Manufacture (O.E.M.) automotive parts for the City
Garage. Funding is available from 501-3311-591-52.50 (Central Garage Fund/
Inventory/Parts).
J.MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF
FINANCIAL SERVICES: Approve a Memorandum of Understanding with the
Florida Department of Financial Services; and accept the Domestic Preparedness Grant
from the State Homeland Security Grant Program in the amount of $76,226.50 for
equipment, maintenance of equipment, and training courses related to Homeland
Security.
K.RESOLUTION NO. 1-06: Approve Resolution No. 1-06 authorizing the
reimbursement of original expenditures with proceeds of lease purchase financing of a
Nortel PBX System in the amount of $199,572.74 and 60 golf carts in the amount of
$117,540.00.
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L.RESOLUTION NO. 3-06: Approve Resolution No. 3-06 authorizing a master
lease/purchase agreement with Bank of America Leasing for the lease purchase of a
Nortel PBX System in the amount of $199,572.74 and 60 golf carts in the amount of
$117,540.00.
M.SERVICE AUTHORIZATION NO. 3/CH2M HILL, INC./BEXLEY PARK:
Approve Service Authorization No. 3 to CH2M Hill, Inc. in the amount of $62,502.00
for final design of the Bexley Park Project. Funding is available from 380-4150-572-
63.24 (2004 G.O. Bond/Parks & Recreation/Bexley Park).
N.SUPPLEMENT NO. 1 TO SERVICE AUTHORIZATION/CH2M HILL,
INC./POMPEY PARK: Approve Supplement No. 1 to Service Authorization No. 2
to CH2M Hill, Inc. in the amount of $18,500.00 for additional design services for the
Pompey Park Building Improvements Project. Funding is available from 380-4150-572-
62.61 (2004 G.O. Bond/Parks & Recreation/Pompey Park Expansion).
O.AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO.
23/MATHEWS CONSULTING, INC.: Approve Amendment No. 1 to Service
Authorization No. 23 to Mathews Consulting, Inc. in the amount of $32,900.00 for
supplementary services in conjunction with irrigation service connection extensions to
the Reclaimed Water Areas 2 & 3 Transmission Main Project. Funding is available from
441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services).
P.CHANGE ORDER NO. 5 (CONTRACT ADDITION)/ASPHALT
CONSULTANTS, INC.: Approve Change Order No. 5 (Contract Addition) between
the City and Asphalt Consultants, Inc. in the amount of $234,317.46 for replacement of
the existing exfiltration drainage system with a positive outfall drainage system as part of
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the N.W./S.W. 5 Avenue Improvements Project. Funding is available from 448-5461-
538-63.90 (Stormwater Utility Fund/Other Improvements).
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Q.SPECIAL EVENT REQUEST/HOWARD ALAN 9 ANNUAL WINTER
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STREET CRAFT FESTIVAL: Approve a special event request to allow the 9
Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events,
Ltd. to be held on February 25-26, 2006 from 10:00 a.m. - 5:00 p.m.; including a
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temporary use permit per LDR Section 2.4.6(H) for street closures of NE/SE 4
Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand’s
parking lot for vendor parking; and staff support for security and traffic control, with
the event sponsor paying all overtime costs.
R.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 12, 2005 through December 30, 2005.
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S.AWARD OF BIDS AND CONTRACTS:
1.Purchase awards to Duval Ford in the amount of $167,776.00 for the purchase
of seven (7) 2006 Ford Crown Victorias with pursuit packages; and to Classic
Chevrolet in the amount of $39,044.00 for the purchase of two (2) Chevrolet
Impalas with pursuit packages; via the Florida Sheriff’s Association Bid #04-12-
0823 Rollover for the Police Department. Funding is available from 001-2111-
521-64.20 (General Fund/Automotive) and 001-2115-521-64.20 (General
Fund/Automotive).
2.Contract award to Murray Logan Construction, Inc. in the amount of
$48,500.00 for annual Lift Station Rehabilitation. Funding is available from 442-
5178-536-68.15 (Water/Sewer Fund/Lift Station Rehabilitation).
3.Bid award to Rosso Paving & Drainage, Inc. in the amount of $106,872.50 for
the construction of a U.S. 1 turn lane into the site of the new Intracoastal Park.
Funding is available from 334-4174-572-68.10 (General Construction
Fund/Intracoastal Park-US 1 Turn Lane).
4.Approve a purchase order to ConVault in the amount of $22,359.95 for the
purchase of a 3,000 gallon above ground fuel tank for the South Pump Station
Fuel Tank Relocation Project. Funding is available from 441-5161-536-63.90
(Water/Sewer Fund/Other Improvements).
5.Contract award to Delta Petroleum & Industrial, Inc. in the amount of
$17,705.00 for the installation of a ConVault diesel fuel tank for the South
Pump Station Tank Relocation Project. Funding is available from 441-5161-
536-63.90 (Water/Sewer Fund/Other Improvements).
6.MOVED TO ITEM 9.A.1 ON THE REGULAR AGENDA)
9.REGULAR AGENDA:
A.1. CONTRACT AWARD/QUALITY TRANSPORT, INC.: Consider approval of a
contract award to Quality Transport, Inc. in the amount of $840,840.00 for an initial
three (3) year contract (totaling $1,401,400.00 if extended to 5 years) to provide shuttle
services in the downtown area. Funding is available from 001-2511-515-31.90 (General
Fund/Other Professional Services).
(Motion to postpone until the January 10, 2006
Commission Workshop Meeting; Approved, 4-1; Commissioner Ellis dissenting)
A.2. RECONSIDERATION OF THE POLICE ADVISORY BOARD
APPOINTMENTS: Consider approval of a reconsideration of the Police Advisory
Board Appointments at the January 17, 2006 Commission Meeting.
(Mayor passed the
gavel to Vice-Mayor Levinson in order to make motion; Motion to reconsider the Police
Advisory Board Appointments at the January 17, 2006 Commission Meeting; Approved, 4-1;
Commissioner McCarthy dissenting)
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A.CONDITIONAL USE REQUEST/OUTDOOR AMPHITHEATER: Consider
a request to allow the establishment of an outdoor amphitheater at the Susan Williams
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and S.D. Spady Cultural Arts Center, located at 154-170 N.E. 5 Avenue in the West
Settlers Historic District. (Quasi-Judicial Hearing)
(Motion to approve subject to
conditions; Approved, 5-0)
B.SPECIAL EVENT REQUEST/MARTIAL ARTS: Consider a request from Kevin
Sisson requesting the making and installation of three (3) 4’ x 4’ event signs for the
Annual Martial Arts Open Kids Safe Weekend to be held at Old School Square on
January 28-29, 2006. Staff recommends denial.
(Motion to deny request and work with
staff for alternate location; request DENIED, 5-0)
C.CONTRACT AWARD/CORNELL PARK: Provide direction regarding the scope
reduction and contract award for construction of the Cornell Park Improvements.
Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park).
(First
motion to amend the Agenda and award the contract; Approved, 5-0. Second motion to award
the contract subject to deferring suggested items, except bike rack and bollards, in the amount
of $233,943.00; Approved, 5-0)
D.SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider
approval and endorsement of Art & Jazz on the Avenue scheduled for January 19, 2006
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 with payment of costs to the City per the agreement dated January 24, 2005.
(Approved, 4-1; Commissioner Levinson dissenting)
E.APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
three (3) regular members to the Code Enforcement Board for three (3) year terms
ending January 14, 2009. Based upon the rotation system, the appointments will be
made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), and
Commissioner Ellis (Seat #1).
(Appointed Robert Marks and approved, 5-0; appointed Mark
Behar and approved, 5-0; Commissioner McCarthy deferred her appointment until January 17,
2006)
F.APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members to the Education Board for unexpired terms ending July 31, 2007. Based
upon the rotation system, the appointments will be made by Commissioner McCarthy
(Seat #4) and Mayor Perlman (Seat #5).
(Appointed Perry Stokes and approved, 5-0;
appointed Marlo Belkin and approved, 5-0)
G.APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) regular member to the Nuisance Abatement Board for an unexpired term ending
March 31, 2007. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4).
(DEFERRED until January 17, 2006)
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H.APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police
and Firefighters Retirement System Board of Trustees for an unexpired term ending
June 30, 2006. Based upon the rotation system, the appointment will be made by Mayor
Perlman (Seat #5).
(DEFERRED until January 17, 2006)
10.PUBLIC HEARINGS:
A.ORDINANCE NO. 83-05: Privately initiated rezoning from AC (Automotive
Commercial) to GC (General Commercial) for a 6.28 acre parcel, located on the east
side of Federal Highway and the west side of Florida Boulevard (formerly the Ralph
Buick Dealership). (Quasi-Judicial Hearing)
(Approved, 5-0)
B.ORDINANCE NO. 80-05: Privately initiated rezoning from RO (Residential Office)
to RM (Medium Density Residential) for a 0.21 acre portion of the Coda (fka
stst
Lighthouse) property, located south of S.W. 1 Street, between S.W. 1 Avenue and
nd
S.W. 2 Avenue. (Quasi-Judicial Hearing)
(Approved, 5-0)
1.CONDITIONAL USE REQUEST/CODA PROPERTY: Consider a
request to allow a density in excess of twelve (12) units per acre (19.6 dwelling
units per acre proposed), within the RM zone district, subject to the provisions
of Article 4.7 “Family Workforce Housing”, for a 1.84 acre parcel for the Coda
(fka Lighthouse) property, a proposed mixed-use development, located at the
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southwest corner of S.W. 1 Street and S.W. 1 Avenue. (Quasi-Judicial
Hearing)
(Approved, 5-0)
C.ORDINANCE NO. 82-05: Privately initiated rezoning from CBD-RC (Central
Business District-Railroad Corridor) to CBD (Central Business District) for the south
seven (7) feet of Lot 9, and Lots 10 through 12 inclusive, together with the north thirty-
seven (37) feet of Lot 13; lying in Block 78 totaling 0.85 acres, located along the west
ndstnd
side of S.E. 2 Avenue, between S.E. 1 Street and S.E. 2 Street. (Quasi-Judicial
Hearing)
(Approved, 5-0)
1.CONDITIONAL USE REQUEST/ATLANTIC SHORES: Consider a
request to allow a density in excess of 30 units per acre (41.30 units per acre
proposed) and a building height to exceed 48’ (60’ proposed) in the Central
Business District for Atlantic Shores, a proposed 36-unit residential
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development, located on the west side of S.E. 2 Avenue, approximately 80 feet
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south of S.E. 1 Street. (Quasi-Judicial Hearing)
(Approved, 5-0)
D.ORDINANCE NO. 81-05: City initiated rezoning request from CBD-RC (Central
Business District-Railroad Corridor) to CBD (Central Business District) for parcels of
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land totaling 1.25 acres, located on the east and west sides of S.E. 2 Avenue, between
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S.E. 1 Street and S.E. 2 Street. (Quasi-Judicial Hearing)
(Approved, 4-0;
Commissioner Archer away from dais)
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E.ORDINANCE NO. 59-05: City initiated rezoning from R-1-A (Single Family
Residential) to RM (Medium Density Residential) for a 0.5 acre parcel of land for the
Lee Burke Property, located on the north side of Linton Boulevard, approximately 660
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feet west of S.W. 4 Avenue. (Quasi-Judicial Hearing)
(Approved, 4-0; Mayor Perlman
passed the gavel to Vice-Mayor Levinson and left dais; Commissioner Archer returned to dais)
F.ORDINANCE NO. 79-05: Privately initiated amendment to the Land Development
Regulations Section 4.6.9(E), “Location of Parking Spaces”, by adding a new subsection
4.6.9(E)(4), “Parking Facility Payment”; and Appendix “A”, “Definitions”, to establish
alternative provisions for accommodating required parking when not provided onsite;
and to provide a definition for a public parking facility and programmed public parking
facility.
(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. 1-06: Rezoning from POD (Professional Office District) to RM-
10 (Medium Density Residential-10 Units per acre) for a 1.77 acre parcel to be known as
Palm Trail Carriage Homes, 816 Palm Trail, located approximately 185 feet north of
George Bush Boulevard. If passed, a public hearing will be scheduled for January 17,
2006.
(Approved, 4-0; Mayor Perlman returned to dais; Commissioner McCarthy away from
dais)
B.ORDINANCE NO. 2-06: Amendment to Land Development Regulations Section
4.3.4(J)(1), “Height”, Section 4.6.18(B)(14)(i)(3), “Buildings within the Downtown
Area”, Appendix “A”, “Definitions”, to regulate sloped parapets. If passed, a public
hearing will be scheduled for January 17, 2006.
(Approved, 4-0)
C.ORDINANCE NO. 3-06: Amendment to Land Development Regulations Section
4.6.9(C), “Off-Street Parking”, for the reservation of one (1) parking space per
residential unit in mixed-use developments utilizing the shared parking tables. If passed,
a public hearing will be scheduled for January 17, 2006.
(Approved, 5-0; Commissioner
McCarthy returned to dais)
D.ORDINANCE NO. 4-06: An ordinance amending Chapter 91, “Animals” of the
Code of Ordinances by amending Section 91.20, “Running at Large”, to clarify that “at
large” shall mean not under the direct control of owner whether on or off owner’s
property. If passed, a public hearing will be scheduled for January 17, 2006.
(Approved,
5-0)
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13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 9:39 p.m. ******
01-03-2006
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