02-21-06 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 21, 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.
(Commissioner Archer arrived at 6:09 p.m.)
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Mayor noted additional information for Item 8.K, Change Order No.
1/West Construction, Inc.; Item 8.P, Third Amendment to Contract for Sale and Purchase/Auburn
Trace; Item 10.B, Ordinance No. 5-06; and Item 10.C, Ordinance No. 6-06, were pulled from the
agenda; Commissioner Levinson added a presentation from Match Point to the regular agenda as Item
9.A.1; Approved as amended, 4-0)
5.APPROVAL OF MINUTES:
?
February 7, 2006 – Regular Meeting
(Approved, 4-0)
?
February 14, 2006 – Workshop Meeting
(Approved, 4-0)
6.PROCLAMATIONS:
?
NONE
7.PRESENTATIONS:
A.RESOLUTION NO. 9-06: Recognizing and commending Robert Phillips for 35
years of dedicated service to the City of Delray Beach
(Approved, 4-0)
B.Recognizing and commending C. Ron Allen for receiving the Governor’s Points of
Light Award
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
A.RESOLUTION NO. 11-06: Approve Resolution No. 11-06 abandoning a portion
of an unimproved north-south alleyway within Block 2 of the plat of Sophia Frey
Subdivision Addition to Delray.
B.RESOLUTION NO. 12-06: Approve Resolution No. 12-06 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located
nd
at 614 N.W. 2 Street.
C.FIRST AMENDMENT AND EXTENSION/MEMORANDUM OF
AGREEMENT/SOUTH FLORIDA URBAN SEARCH AND RESCUE
TASK FORCE: Approve the First Amendment and Extension to the South Florida
Urban Search and Rescue Task Force Memorandum of Agreement for the City’s
continued participation in the South Florida Urban Search and Rescue Task Force.
D.RESOLUTION NO. 8-06: Approve Resolution No. 8-06 recognizing and
commending John J. Fletcher, Jr. for 30 years of dedicated service to the City of
Delray Beach.
02-21-2006
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E.RATIFICATION OF THE OLD SCHOOL SQUARE BOARD OF
DIRECTORS FOR 2006: Approve and ratify the proposed slate of Directors for
the Old School Square Board for 2006.
F.RATIFICATION OF THE SISTER CITIES COMMITTEE BOARD OF
DIRECTORS FOR 2006: Approve and ratify the proposed slate of Directors for
the Sister Cities Committee for 2006.
G.CONTRACT CANCELLATION/FIRST GENESIS LAWN SERVICE, INC.:
Authorize the cancellation of the contract with First Genesis Lawn Services, Inc. for
landscape maintenance of Atlantic Avenue (west of the CSX Railroad to Military Trail)
and authorize staff to re-bid this project.
H.AGREEMENT/PALM BEACH COUNTY/MILLER PARK: Approve and
accept a Palm Beach County Recreation Assistance Program Funding Agreement
between the City and Palm Beach County in the amount of $10,000.00 for
construction of the Miracle Field at Miller Park.
I.AGREEMENT/PALM BEACH COUNTY/LAKE IDA PARK: Approve and
accept a Palm Beach County Florida Boating Improvement Program Project
Agreement between the City and Palm Beach County for funding in the amount of a
$100,000.00 grant for renovations to Lake Ida Park.
J.FINAL PAYMENT (CONTRACT CLOSEOUT)/BERMUDA LANDSCAPE:
Approve final payment (contract closeout) in the amount of $30,771.50 to Bermuda
Landscape DBA Southeastern Irrigation for the completion of the West Linton
Boulevard Beautification Project. Funding is available from 119-4151-572-63.20
(Beautification Trust Fund/Landscaping/Beautification).
K.CHANGE ORDER NO. 1/WEST CONSTRUCTION, INC: Approve Change
Order No. 1 between the City and West Construction, Inc. in the amount of
$75,357.00 for the addition of previously removed improvements to the Machek Boy
Scout Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O.
Bond/Mike Machek Boy Scout Park).
(Additional information included a change in the
amount of Change Order No. 1 from $69,709.00 to $75,357.00)
L.GRANT FUNDING REQUEST/PALM BEACH INTERNATIONAL FILM
FESTIVAL 2006: Approve authorizing the Mayor to submit a funding request to
County Commissioner Mary McCarty in the amount of $38,000.00 from the District
IV Recreation Assistance Program Fund to assist with the cost of hotel
accommodations for the 2006 Palm Beach International Film Festival; and approve
the advance of funds until the grant is received.
M.SPECIAL EVENT/BEACH TENNIS USA: Approve a special event request
from Beach Tennis USA for a Beach Tennis USA Event to be held at the municipal
beach on May 4-7, 2006; contingent upon receipt of a revised insurance certificate.
02-21-2006
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N.UNDERGROUND UTILITY CROSSING AGREEMENT FEE
INCREASE/FLORIDA EAST COAST RAILWAY COMPANY (FEC):
Approve a Florida East Coast Railway Company (FEC) annual fee increase from
$9,200.00 to $14,820.00 for underground utility crossings.
O.CONTRACT ADDITION (CHANGE ORDER NO. 3)/JMW
CONSTRUCTION, INC: Approve a Contract Addition (Change Order No. 3)
between the City and JMW Construction, Inc. in the amount of $106,952.00 for the
addition of previously removed improvements to the Lake Ida Park Project. Funding
is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park).
P.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.
(PULLED)
Q.FY 2006 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES: Approve the proposed performance measures for FY 2006 for the
Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
R.SATISFACTION OF MORTGAGE/RELEASE OF NOTE/
AGREEMENTS/COVENANTS CONVEYING THE RIGHT OF FIRST
REFUSAL AND RELEASE OF OPTION TO PURCHASE
PROPERTY/CRC RECOVERY FOUNDATION, INC.: Approve the
Satisfaction of Mortgage and Note and Release of Option to Purchase the CRC
nd
Recovery Foundations, Inc. property, located on N.E. 2 Street.
S.SERVICE AUTHORIZATION NO. 7/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 7 to Mathews Consulting, Inc. in the amount of
$141,975.00 for consulting services for planning, design, and construction of the Area
4 Reclaimed Water Transmission System Extension Project. Funding is available from
441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission System).
T.COMMISSIONER’S HEALTH INSURANCE/POLICY CHANGE: Approve
a change to the City’s group medical coverage to extend the group medical coverage to
former City Commissioners that have served six (6) full years.
U.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the
period February 6, 2006 through February 17, 2006.
02-21-2006
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V.AWARD OF BIDS AND CONTRACTS:
1.Purchase award to Water Treatment & Controls Co. in the amount of
$87,522.00 as a sole source purchase for the provision and installation of all
equipment required for implementation of a sodium hypochlorite system at
the City’s Water Treatment Plant. Funding is available from 442-5178-536-
64.45 (Water/Sewer Renewal and Replacement Fund/Gas Chlorine
Conversion).
2.Purchase award to DataFlow Systems in the amount of $19,625.00 and Car-
Comm, Inc. in the amount of $6,452.50 for a total amount of $26,077.50 for
the sole source purchase of 25 radio computer boards and 25 radio units to
replenish the City’s in-house stock of utility monitoring telemetry system
radios for the upcoming hurricane season. Funding is available from 442-
5178-536-64.90 (Water/Sewer Renewal & Replacement Fund/Other
Machinery/Equipment).
3.Contract award to Almazan Brothers in the amount of $85,120.00 for the
Royal Palm Drive Road Construction Project. Funding is available from 334-
3162-541-65.84 (General Construction Fund/Royal Palm Drive).
4.Contract award to Blackhawk Security, Inc. in the amount of $28,520.00 for
security services at Pompey Park. Funding is available from 001-4127-572-
34.40 (General Fund/Temporary Services).
5.Contract award to Data Flow Systems, Inc. in the amount of $30,116.00 for
the provision of materials and services required for restoration and upgrade of
the telemetry monitoring and control systems for the City’s Aquifer Storage &
Recovery (ASR) Well. Funding is available from 442-5178-536-46.90 (Water/
Sewer Renewal & Replacement Fund/Other Repair/Maintenance).
6.Purchase award to Pierce Manufacturing through Ten-8 Fire Equipment, Inc.
of Bradenton, Florida in the amount of $422,806.00 for the purchase of one
(1) 2006 Pierce Custom Engine-Pumper fire suppression vehicle for the Fire-
Rescue Department. Funding is available from 501-3312-591-64.25 (Central
Garage Fund/Heavy Equipment) and 551-1575-591-45.50 Business Insurance
Fund/Property Claims).
9.REGULAR AGENDA:
A.CONDITIONAL USE EXTENSION REQUEST/ASTOR: Consider an
extension request for the conditional use approvals which allowed a building height in
excess of 48 feet (58’ 2” approved) and which allowed a density in excess of 30 units
per acre (43 dwelling units per acre) in the CBD (Central Business District) for Astor
(fka Villas in the Grove), located at the northeast corner of Pineapple Grove Way and
st
N.E. 1 Street. (Quasi-Judicial Hearing)
(Motion to approve Board Order; Approved,
5-0)
02-21-2006
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A.1. MATCHPOINT PRESENTATION: Presentation of Crystal Trophy and original
poster of the International Tennis Championships to the City by Mark Baron.
B.WAIVER REQUEST/LOT DIMENSION: Consider a request to waive Land
Development Regulations (LDR) Section 4.3.4(K), “Development Standards Matrix”,
to reduce the lot frontage, lot width, and lot size to allow the combination of existing
nonconforming lots to create three (3) new buildable lots for Lots 13, 14, 15, 16, 32,
nd
and 33, Subdivision of Block 15, located on the south side of S.W. 2 Street, between
thth
S.W. 6 Avenue and S.W. 7 Avenue. (Quasi-Judicial Hearing)
(Motion to approve
waiver; Approved, 5-0)
C.BID AWARD/SPORTS TURF ONE, INC.: Consider approval of a bid award to
second lowest bidder, Sports Turf One, Inc., in the estimated annual amount of $22,817.64
for the landscape maintenance of two (2) baseball fields at Pompey Park. Funding is
available from 001-4131-572-34.90 (General Fund/Other Contractual Services).
(Approved, 5-0)
D.REQUEST TO REDUCE LIENS/SUAREZ: Consider a request from Mr.
Onofre Suarez to waive the interest and administrative fees totaling $5,256.98 assessed
th
for abating nuisances on a vacant lot located on S.W. 7 Avenue. Mr. Suarez is
prepared to pay the remaining lien of $1,506.15. Staff recommends approval.
(Approved, 5-0)
E.APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4)
year term ending March 6, 2010. Based upon the rotation system, the appointment
will be made by Mayor Perlman (Seat #5).
(Appointed Morris Weinman and approved, 5-
0)
F.APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board for an unexpired term ending July 31, 2007. Based
upon the rotation system, the appointment will be made by Commissioner Ellis (Seat
#1).
(Appointed Sandra Tobias and approved, 5-0)
G.APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
two (2) regular members to the Nuisance Abatement Board for two (2) year terms
ending March 31, 2008. Based upon the rotation system, the appointments will be
made by Commissioner Ellis (Seat #1) and Commissioner Archer (Seat #2).
(Appointed Susan Kay and approved, 5-0; appointed Greta Britt and approved, 5-0)
H.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).
(Appointed Mark
Denkler and approved, 5-0)
02-21-2006
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10.PUBLIC HEARINGS:
A.ORDINANCE NO. 7-06: Rezoning from SAD (Special Activities District)
Waterford Place/Delint 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. (Quasi-Judicial Hearing)
(Approved, 5-0)
B.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. (WHILE MAILED NOTICE
STATED 2/21/06, THIS ORDINANCE WILL NOT BE HEARD. IT WILL
COME BACK IN MAY, 2006 AND WILL BE ADVERTISED FOR SECOND
READING)
(PULLED)
C.ORDINANCE NO. 6-06: An ordinance amending the SAD (Special Activities
District) zoning district (fka The Extra Closet SAD), as established by Ordinance No.
28-89, to allow the construction of two new buildings which total 17,700 square feet,
located on the east side of Military Trail approximately 2,450 feet south of Lake Ida
Road. (PULLED DUE TO A REQUEST FROM CITY ATTORNEY, WILL
BE FINALIZED AFTER SITE PLAN APPROVAL BY SPRAB)
(PULLED)
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.
(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 Code and
National Fire Protection Association Codes and providing a procedure for affected
individuals to challenge the City’s local amendment provisions.
(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.
02-21-2006
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12.FIRST READINGS:
A.ORDINANCE NO. 12-06: An ordinance amending Chapter 37, "Delray Beach
Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures",
of the Code of Ordinances, to include enforcement by Law Enforcement Officers of
all City ordinances. If passed, a public hearing will be held on March 6, 2006.
(Approved, 5-0)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 7:27 p.m. ******
02-21-2006
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