02-07-06 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, February 7, 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 allowed only when requested by a member of the City Commission.
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 Smith at 243-7010,
Phone: (561) 243-7000
24 hours prior to the event in order for the City to accommodate your request.
Fax: (561) 243-3774
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 Item 8.K, Third Amendment to Contract for Sale and
Purchase/Auburn Trace, was removed from the agenda; Item 8.U, Change Order No. 1 (Contract
Addition)/Catalfumo Construction, LTD, was moved to the Regular Agenda at Item 9.S; Item 9.I,
Grant Funding Request/Palm Beach County International Film Festival, was pulled from the agenda;
Revised ordinance for Item 12.E, Ordinance No. 10-06; Approved as amended, 5-0)
5.APPROVAL OF MINUTES:
?
January 17, 2006 – Regular Meeting (
Approved, 5-0)
?
January 18, 2006 – Special Meeting (
Approved, 5-0)
6.PROCLAMATIONS:
A.Recognizing Black History Month – February 2006
7.PRESENTATIONS:
?
NONE
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
A.RESOLUTION NO. 7-06: Approve Resolution No. 7-06 abandoning a Right-Of-
Way for Dixie Boulevard, lying between Lindell Boulevard and Avenue K.
B.FINAL SUBDIVISION PLAT APPROVAL/LATITUDE DELRAY PLAT:
Approve the subdivision plat for Latitude Delray, a mixed use development, located on
the northwest corner of Lindell Boulevard and south Federal Highway.
C.LIMITED ACCESS EASEMENT AGREEMENT/BRUCE AND EMILY
ROBSON: Approve a Limited Access Easement Agreement between the City and
Bruce and Emily Robson providing for the placement of a limited access easement over
the property line adjacent to Tamarind Road.
D.SPECIAL EVENT REQUEST/EAST END VOLLEYBALL TOURNAMENT:
Approve a request from East End Volleyball for the East End Volleyball Tournament
to be held at the municipal beach on March 25 and 26, 2006.
E.APPROVAL OF AMENITIES FOR UPGRADING PARKS: Approve amenities
to upgrade existing parks and the beachfront area as presented at the January 10, 2006
Workshop Meeting and authorize staff to proceed with purchases and installation.
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F.CORRECTION/SERVICE AUTHORIZATION NO. 7/MATHEWS
CONSULTING, INC.: Approve a correction to Service Authorization No. 7 to
Mathews Consulting, Inc. for the Temple Park Project which was incorrectly listed
(typo) on the December 13, 2005 Commission Agenda as $41,171.00 instead of the
correct amount of $47,171.00.
G.CORAL TRACE HOMEOWNERS’ ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
Coral Trace Homeowners’ Association allowing the Delray Beach Police Department to
enforce local and state traffic laws on its property.
H.QUIET TITLE/CITY PARCELS: Grant authorization to Quiet Title on six (6) City
lots that were selected for transfer into the newly created Community Land Trust.
I.RATIFICATION OF THE APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Approve and ratify the appointments to the Kids and Cops
Committee for two (2) year terms ending November 30, 2007.
J.APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approve the poll workers for the First Nonpartisan Election to be held
on March 14, 2006.
K.THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/
AUBURN TRACE: Approve the Third Amendment to the Contract for Sale and
Purchase between the City and Auburn Trace, LTD. to extend the closing date to
March 15, 2006 and to incorporate the Cooperation Agreement.
(REMOVED)
L.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/CLEAN AND SAFE PROGRAM: Consider approval of an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) in the
amount of $312,000.00 for funding for the Clean and Safe Program for FY 05/06.
M.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/GEOGRAPHIC
AND LAND INFORMATION: Consider approval of an Interlocal Agreement
between the City and Palm Beach County for the exchange and update of geographic
and land information.
N.MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF
FINANCIAL SERVICES: Approve a Memorandum of Understanding with the
Florida Department of Financial Services; and accept the 2005 Domestic Preparedness
Grant from the State Homeland Security Grant Program in the amount of $7,595.00 to
maintain a specialized decontamination team and purchase new decontamination
equipment.
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O.VEHICLE REPAIR/FIRE DEPARTMENT: Approve the repair of Fire
Department vehicle #200460 by Southeast Truck Specialist, Inc. in the amount of
$20,748.23. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property
Claims).
P.CONTRACT ADDITION/PGAL, INC.: Approve a Contract Addition in the
amount of $17,930.00 to PGAL, Inc. for supplementary consulting services required in
conjunction with the development of the Old School Square Parking Garage. Funding
is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage).
Q.EMERGENCY CONTRACT AWARD/CHAZ EQUIPMENT COMPANY,
INC.: Approve an emergency contract award in the amount of $139,500.00 to Chaz
Equipment Company, Inc. for the repair of a sewer main break at Lift Station 58.
Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement
Fund/Sewer Mains).
R.ITEM REMOVED FROM AGENDA.
S.CHANGE ORDER NO. 1/FINAL PAYMENT/ROSSO PAVING &
DRAINAGE, INC.: Approve Change Order No. 1 in the amount of $12,073.06 and
final payment in the amount of $16,634.08 to Rosso Paving & Drainage, Inc. for
completion of the Bus Shelter Concrete Pads Project. Funding is available from 334-
3162-544-65.70 (General Construction Fund/Transit Stop Bus Shelters).
T.CHANGE ORDER NO. 2 (CONTRACT ADDITION)/RANGER
CONSTRUCTION, INC.: Approve Change Order No. 2 (Contract Addition) in the
amount of $71,739.00 to Ranger Construction, Inc. for the Miller Park Parking Lot
Resurfacing. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property
Claims).
U.(MOVED TO ITEM 9.S ON THE REGULAR AGENDA)
V.CHANGE ORDER NO. 6 (CONTRACT ADDITION)/ASPHALT
CONSULTANTS, INC.: Approve Change Order No. 6 (Contract Addition) between
the City and Asphalt Consultants, Inc. in the amount of $112,026.00 for the
relocation/replacement of the existing 6” water main on the north two blocks as part of
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the N.W./S.W. 5 Avenue Improvements Project. Funding is available from 442-5178-
536-63.50 (Water/Sewer Renewal & Replacement Fund/Water Mains).
W.SERVICE AUTHORIZATION/HELLER-WEAVER AND SHEREMETA,
INC.: Approve a Service Authorization to Heller-Weaver and Sheremeta, Inc. in the
amount of $10,350.00 for supplemental survey work related to the Old School Square
Garage and Park Campus Expansion. Funding is available from 380-4150-572-63.29
(G.O. Bond/Old School Square Parking Garage).
02-07-2006
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X.COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements with four (4) sub-recipients (Community Child Care Center, Fair
Housing Center of the Greater Palm Beaches, Inc. and the Urban League of Palm
Beach County in the total amount of $95,000. Funding is available from the
Community Development Block Grant Budget.
Y.MEMORANDUM OF UNDERSTANDING AND POLICIES AND
PROCEDURES 2006-2010/DELRAY BEACH HOUSING RENAISSANCE
PROGRAM: Approve the Memorandum of Understanding and the Policies and
Procedures that govern the Delray Beach Housing Renaissance Program for the period
March 2006 through March 2010.
Z.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 17, 2006 through February 3, 2006.
AA.AWARD OF BIDS AND CONTRACTS:
1.Lease award to Enterprise Rent-A-Car in the total annual cost of $43,200.00 for
a twelve (12) month lease of six (6) vehicles for the Vice, Intelligence, and
Narcotics (VIN) Unit of the Police Department. Funding is available from 001-
2115-521-44.40 (General Fund/Vehicles).
2.Contract award to Hatcher Construction & Development, Inc. in the amount of
$61,156.70 for interior and exterior renovations associated with the
Neighborhood Resource Center Rehabilitation Project. Funding is available
from the Community Development Block Grant Program (Other Grants &
Aids).
3.Purchase award to Metro-Dade K-9 in the total amount of $16,400.00 for the
purchase of one (1) Green Canine and one (1) Titled Canine for the Police
Department. Funding is available from 001-2115-521-52.25 (General Fund/K-9
Expenses) and 115-2111-521-49.90 (Special Projects Fund/Other Current
Charges/Obligations).
4.Contract award to Johnson Davis in the amount of $833,700.00 for the Lake
Worth Drainage District (LWDD) L-33 Canal Box Culvert Extension Project.
Funding is available from 380-4150-572-63.23 (G.O. Bond/Neighborhood
Parks).
5.Contract award to Associates Roofing in the amount of $553,799.00 for the
Municipal Golf Course Clubhouse Re-roofing Project. Funding is available
from 551-1575-591-45.50 (Insurance Fund/Property Claims-Golf Course
Clubhouse Roof).
6.Contract award to Accurate Events in the amount of $34,988.00 for Security
Guards, Supervisors and Body Guard Services for the International Tennis
Championships at the Delray Beach Tennis Center. Funding is available from
001-4210-575-55.40 (General Fund/Tennis Operations).
02-07-2006
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7.Contract Award to JBE Technology, Inc. at a total cost of $169,711.82 (to be
paid for by FEMA, the State of Florida and Property Insurance proceeds) for
the replacement of wireless equipment presently located at 12 remote sites
throughout the City. Funding is available from 551-1575-591-45.50 (Insurance
Fund/Property Claims).
8.Bid Award (Extension) to Special Products Group, Inc. in the amount of
$22,887.00 via the City of Boynton Beach Bid #062-1412-03/CJD for an
additional year at the same terms and conditions for the purchase of dress and
work uniforms for the Fire Department. Funding is available from 001-2311-
522-52.22; 001-2313-522-52.22; 001-2315-526-52.22; and 001-2317-522-52.22
(General Fund/Fire/Uniforms).
9.REGULAR AGENDA:
A.APPEAL OF THE HISTORIC PRESERVATION BOARD’S DECISION
ASSOCIATED WITH PINEAPPLE GROVE LTD: Consider an appeal of the
Historic Preservation Board’s decision for Pineapple Grove Ltd., located on the north
ststnd
side of N.E. 1 Street, between N.E. 1 Avenue and N.E. 2 Avenue. (Quasi-Judicial
Hearing)
(Commission approved 1 waiver and denied the rest and had no jurisdiction over
the variance. Motion to approve board order; Approved, 5-0)
B.REQUEST FOR VALET QUEUE EXPANSION/CAFFE LUNA ROSA:
Consider a request from Caffe Luna Rosa to expand their existing valet queue area from
four (4) spaces to seven (7) spaces.
(Motion to approve an amendment to the contract to
allow usage of seven (7) spaces until April 1, 2006 with times and fees to be set by the City
Manager; Approved, 5-0)
C.REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING:
Consider approval of a request from Community Neighborhood Helping, Inc. to
provide $10,000.00 in seed money, which will be reimbursed to the City through a Palm
Beach County grant, for the Glory Awards 2006 to be held on May 5, 2006. Funding is
available from 001-1111-511-48.10 (City Commission/Special Events).
(Approved, 5-0)
D.REQUEST FOR FINANCIAL SUPPORT/S.D. SPADY ADVANCED
CHORUS: Consider a request for financial support to send nine (9) fourth and fifth
grade students from the S.D. Spady Elementary School Chorus selected to perform in
Charleston, West Virginia with the American Choral Directors Association Southern
Division Honor Choir. Funding is available from 001-1111-511-48.10 (City
Commission/Special Events).
(Motion to approve $1,500.00 for a student/chaperone;
Approved, 5-0)
E.ADDITIONAL REQUEST/DELRAY BEACH FILM FESTIVAL: Consider a
request from Mr. Michael Posner to have a surfing contest on the south end of the
beach across from Anchor Park to be held on March 11, 2006; and permit the festival to
hold a golf tournament at the Municipal Golf Course on March 10, 2006.
(Motion to
approve as recommended subject to staff conditions; Approved, 5-0)
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F.SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL
rd
SHOW: Consider approval of a special event request to allow the 3 Annual Asian
Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be
held on March 18-19, 2006 from 10:00 a.m. until 10:00 p.m. on the grounds of Old
School Square and on a portion of the Old School Square parking lot.
(Motion to
approve as recommended subject to staff conditions; Approved, 5-0)
G.SPECIAL EVENT REQUEST/SAINT PATRICK’S DAY PARADE: Approve a
th
special event request to allow the 38 Annual St. Patrick’s Day Parade to be held on
Saturday, March 11, 2006.
(Motion to approve subject to staff conditions; Approved, 5-0)
H.HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award through the Community Development
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Division in the amount of $24,050.25 to South Florida Construction (314 N.W. 5
Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
(Approved, 5-0)
I.GRANT FUNDING REQUEST/PALM BEACH COUNTY
INTERNATIONAL FILM FESTIVAL: Consider authorizing the Mayor to submit
a funding request in the amount of $38,012.00 to Palm Beach County Commissioner
Mary McCarty via the District IV Recreation Assistance Program Fund to assist with
the costs of hotel rooms for the Palm Beach County International Film Festival; and
approve the advance of funds until the grant is received.
(PULLED)
J.FEDERAL COMMUNICATIONS COMMISSION’S (FCC) NOTICE OF
PROPOSED RULEMAKING REGARDING PREEMPTION OF LOCAL
GOVERNMENT AUTHORITY AS IT RELATES TO FRANCHISING/
LEIBOWITZ & ASSOCIATES: Consider authorizing Leibowitz & Associates to file
a response, on behalf of the City, with the Federal Communications Commission (FCC)
on the proposed rulemaking regarding the preemption of Local Government Authority
as it relates to franchising.
(Motion to approve Ila Feld to work on our behalf; Approved, 4-
0; Commissioner Ellis away from dais)
K.OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN MARILYN
SHUSTER v. CITY OF DELRAY BEACH AND FLORIDA EAST COAST
RAILWAY: Consider approval of an Offer of Judgment/Proposal for Settlement in
the total amount of $19,000.00 in Marilyn Shuster v. City of Delray Beach.
(Motion to
approve $19,000.00 settlement; Approved, 4-0)
L.RESOLUTION NO. 10-06/SCRIPPS RESEARCH INSTITUTE
OPPORTUNITY FUND: Consider approval of Resolution No. 10-06 supporting
the Scripps Research Institute Opportunity Fund.
(Approved, 5-0; Commissioner Ellis
returned to dais)
02-07-2006
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M.APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two
(2) 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
Mayor Perlman (Seat #5) and Commissioner Ellis (Seat #1).
(Appointed Robert Marks
and approved, 5-0; appointed Mark Behar and approved, 5-0)
N.APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three
(3) “Other Representation” members to the Kids and Cops Committee for two (2) year
terms ending November 30, 2007. Based upon the rotation system, the appointments
will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3) and
Commissioner McCarthy (Seat #4).
(Appointed Jennifer Buce and approved, 5-0; appointed
Officer Francis Moschette and approved, 5-0; appointed Marilyn Pickens and approved, 5-0)
O.APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) alternate 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
Mayor Perlman (Seat #5).
(Appointed Arline Sherman and approved, 5-0)
P.APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to the Parking Management Advisory
Board to represent the Atlantic Avenue corridor between Swinton Avenue and the
Intracoastal for a two (2) year term ending January 31, 2008. Based upon the rotation
system, the appointment will be made by Mayor Perlman (Seat #5).
(DEFERRED until
February 21, 2006)
Q.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).
(Appointed Alexander Simon and approved, 4-1; Commissioner Archer
dissenting)
R.RECONSIDERATION OF THE POLICE ADVISORY BOARD
APPOINTMENTS: Reconsideration of the Police Advisory Board Appointments
that were approved at the December 13, 2005 Commission Meeting.
(First motion to
approve all names as presented for two and three year terms with the exclusion of Joe Ferrer;
DENIED, 3-2; Commissioner Levinson and Mayor Perlman dissenting. Second motion to
ratify board members as presented by the R.A.C.E. Committee; Approved, 3-2; Commissioner
Levinson and Mayor Perlman dissenting)
S.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CATALFUMO
CONSTRUCTION, LTD.: Approve Change Order No. 1 (Contract Addition) in the
amount of $50,000.00 to Catalfumo Construction, Ltd. to provide a required financial
commitment and to reserve a precast manufacturing date for structure components.
Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking
Garage).
(Approved, 4-1; Commissioner Archer dissenting)
02-07-2006
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10.PUBLIC HEARINGS:
A.ORDINANCE NO. 8-06: An ordinance amending Chapter 71, “Parking
Regulations”, “General Provisions”, of the Code of Ordinances by enacting Section
71.006, “Surcharge on Parking Fines”, to provide for a surcharge on parking fines to
fund the School Crossing Guard Program.
(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.
12.FIRST READINGS:
A.ORDINANCE NO. 5-06: Future Land Use Map amendment from County RL-3
(Low Density Residential – 3 units per acre) to City TRN (Transitional) and Annexation
with the establishment of initial City zoning of SAD (Special Activities District) for Safe
and Secure (aka Robotic Space Savers) located at the southwest corner of Conklin Drive
and Military Trail.
(Approved, 5-0)
B.ORDINANCE NO. 6-06: Modification to the SAD (Special Activities District)
zoning district to allow the construction of two new buildings which total 17,700 square
feet for the Delray Beach Extra Closet, located on the east side of Military Trail
approximately 2,450 feet south of Lake Ida Road. If passed, a public hearing will be
held on February 21, 2006.
(Approved, 5-0)
C.ORDINANCE NO. 7-06: Rezoning from SAD (Special Activities District) to RM
(Medium Density Residential) for Bahia Delray (fka Waterford Village Apartments),
located approximately 2,100 feet south of Linton Boulevard, between I-95 and Lindell
Boulevard. If passed, a public hearing will be held on February 21, 2006.
(Approved, 5-
0)
D.ORDINANCE NO. 9-06: An ordinance amending Chapter 102, “Streets and
Sidewalks”, of the Code of Ordinances by enacting Section 102.43, “Standards for
Newsracks and Modular Newsracks, including Maintenance, Installation, and
Locations”, to provide additional standards for the safe and secure installation of
newsracks throughout the City. If passed, a public hearing will be scheduled for
February 21, 2006.
(Approved, 5-0)
E.ORDINANCE NO. 10-06: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the
Code of Ordinances, by updating the references to the Florida Building Codes and
National Fire Protection Association Codes and to provide a procedure for affected
individuals to challenge the City’s local amendment provisions. If passed, a public
hearing will be scheduled for February 21, 2006.
(Approved, 5-0)
02-07-2006
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13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 8:34 p.m. ******
02-07-2006
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