06-06-06 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, June 6, 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 when agreed by consensus 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 Revised Artist Agreement for Item 8.T, Contract
Award/Artist for Veteran’s Park Project; Clarification to Item 8.X.4, Contract Award to Pantropic Power,
Inc., is for the replacement of the radiator for the generator; Item 9.H, Bid Award/Chaz Equipment
Company, Inc., was added to the Regular Agenda by Addendum; Revised Ordinance No. 35-06 for Item
12.C, Ordinance No. 35-06; Item 10.C, Resolution No. 35-06 and Resolution No. 36-06, was removed
from the agenda; Approved as amended, 5-0)
5.APPROVAL OF MINUTES:
?
May 16, 2006 – Regular Meeting (
Approved, 5-0)
6.PROCLAMATIONS:
?
NONE
7.PRESENTATIONS:
A.Reverend J.W.H. Thomas, Jr. – Pastor, Saint Paul Missionary Baptist Church
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
A.FINAL BOUNDARY PLAT APPROVAL/MIRAFLORES PLAT: Approve the
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boundary plat for the Miraflores Plat, located on the east side of S.E. 1 Avenue, between
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S.E. 1 Street and S.E. 2 Street.
B.RESOLUTION NO. 38-06: Approve Resolution No. 38-06 abandoning a 50’ wide
unimproved public right-of-way dedicated on the Plat of Lake Ida Shores, located on the
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west side of N.W. 8 Avenue, approximately 285’ north of Lake Ida Road.
C.AMENDMENT NO. 2 TO CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND JOSETTE
SAINT FORT: Approve Amendment No. 2 to Contract for Sale and Purchase of
property to Jean Louis Saint Fort and Josette Saint Fort, as part of the Carver Square
Relocation Project, extending the date of expiration to September 29, 2006.
D.PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES:
Approve the application for a non-matching grant to the Palm Beach County
Department of Emergency Medical Services in the amount of $43,301.30 to purchase an
additional Special Events Response Vehicle (SERV) and associated advanced life support
equipment; and approve Resolution No. 39-06.
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E.LICENSE AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY:
Approve a license agreement between the City and the School Board of Palm Beach
County which allows the City to conduct environmental testing and obtain field
measurements for the proposed soccer complex at the old Atlantic High School site.
F.CONTRACT CLOSEOUT/FINAL PAYMENT/CONCO HORTICULTURAL:
Approve Contract Closeout and final payment in the amount of $2,955.00 to Conco
Horticultural for completion of the installation of landscaping for the Gateway Parks
Project.
G.SERVICE AUTHORIZATION NO. 3.0/KIMLEY-HORN AND ASSOCIATES,
INC.: Approve Service Authorization No. 3.0 to Kimley-Horn and Associates, Inc. in
the amount of $22,681.00 for schematic site plan work to reconfigure the existing Miller
Field Complex. Funding is available from 334-6112-519-31.30 (General Construction
Fund/Engineering/Architect).
H.PIPING AND LANDSCAPING LICENSE AGREEMENT/LAKE WORTH
DRAINAGE DISTRICT (LWDD): Approve a Piping and Landscaping License
Agreement between the City and the Lake Worth Drainage District (LWDD) as part of
the permitting process for the installation of the L-33 Canal Culvert for Eagle Park.
I.SERVICE AUTHORIZATION NO. 4/CH2M HILL, INC.: Approve Service
Authorization No. 4 to CH2M Hill, Inc. in the amount of $19,000.00 for professional
services required for coordinating a national design competition for the proposed park at
the Old School Square Cultural Arts Center. Funding is available from 380-4150-572-
63.29 (2004 G.O. Bond/Old School Square).
J.CONSENT TO SUBCONTRACT/WASTE MANAGEMENT: Approve a
Consent to Subcontract Agreement with Waste Management (WM) to allow the use of a
subcontractor, Eastern Waste Systems, Inc. (EWS), to collect vegetative and bulk waste in
the City.
K.GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG): Approve and accept the Edward Byrne Memorial Justice Assistance
Grant (JAG) award in the amount of $35,432.00 which will provide funding for the
Police Department’s Holiday Task Force Overtime; and accept the award documentation,
program narrative, and budget narrative.
L.RESOLUTION NO. 37-06: Approve Resolution No. 37-06 establishing the Unity
Collaborative to address community issues relating to diverse segments of the City’s
population.
M.SPECIAL EVENT REQUEST/PALM BEACH FIESTAS PATRONALES AND
BUSINESS EXPO: Approve a special event request to allow the Palm Beach County
Fiestas Patronales and Business Expo to be held August 5-6, 2006 from 1:00 p.m. to
11:00 p.m. on the grounds of Old School Square.
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N.SPECIAL EVENT REQUEST/3 ANNUAL ALL AMERICA DUCK DERBY:
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Approve a special event request to allow the 3 Annual All America Duck Derby,
sponsored by the Sunrise Rotary Club of Delray Beach, to be held November 18, 2006
from 11:00 a.m. until 4:00 p.m. at Veteran’s Park, including temporary use permit per
LDR Section 2.4.6(H) for the use of Veteran’s Park and the parking lot.
O.SERVICE AUTHORIZATION NO. 3.1/WALTERS ZACKRIA ASSOCIATES:
Approve Service Authorization No. 3.1 to Walters Zackria Associates in the amount of
$515,000.00 for design development and construction documents for the Western
Senior/Community Center Project. Funding is available from 380-4150-572-62.58 (2004
G.O. Bond/Parks & Recreation/Western/Senior Center).
P.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ROSSO PAVING AND DRAINAGE, INC./CATHERINE
STRONG PARK: Approve Change Order No. 1 (Contract Closeout) in the amount of
an $88,424.13 decrease and final payment in the amount of $148,725.23 to Rosso Paving
and Drainage, Inc. for completion of the Catherine Strong Park Project. Funding is
available from 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong Center).
Q.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/HARTZELL CONSTRUCTION, INC.: Approve Change Order No.
1 (Contract Closeout) in the amount of $620.06 and final payment in the amount of
$57,476.41 to Hartzell Construction, Inc. for completion of the Southwest Area
Sidewalks Project. Funding is available from 118-1965-554-63.11 (Community
Development Fund/Bikepaths/Sidewalks).
R.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ASPHALT CONSULTANTS, INC.: Approve Change Order No. 1
(Contract Closeout) in the amount of an $84,830.05 decrease and final payment in the
amount of $115,573.49 to Asphalt Consultants, Inc. for completion of the Area 2 & 3
Reclaimed Water System Project. Funding is available from 441-5181-536-65.96
(Water/Sewer Fund/Reclaimed Water Transmission System).
S.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/MEF CONSTRUCTION, INC.: Approve Change Order No. 1
(Contract Closeout) in the amount of a $717,481.10 decrease and final payment in the
st
amount of $3,273.75 to MEF Construction, Inc. for work performed on the N.E. 1
Street Pairs Conversion Project; due to limited resources and manpower MEF will not be
completing the project. Liquidated funding to be reserved for replacement contract
award.
T.CONTRACT AWARD/ARTIST FOR VETERAN’S PARK PROJECT: Approve
an agreement between the City and artist, Michiko Kurisu, for the Atlantic Avenue Bridge
Underpass at Veteran’s Park Project. Funding is available from 115-1702-579-31.90
(Special Projects Fund/Public Arts Trust Account/Other Professional Services).
U.RESOLUTION NO. 40-06: Approve Resolution No. 40-06 formally adopting the
names of three (3) City parks.
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V.CHANGE ORDER/COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM/JMOSCA BUILDERS: Approve a Change Order in the
amount of $20,000.00 to JMosca Builders for additional costs associated with the
rehabilitation of an eligible structure funded under the Community Development Block
Grant Program. Funding is available from 118-1963-554-49.19 (Community
Development Fund/Housing Rehab).
W.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 15, 2006 through June 2, 2006.
X.AWARD OF BIDS AND CONTRACTS:
1.Bid award to Atlantic Refrigeration in the estimated annual amount of $39,840.00
for the annual contract for air conditioning services and repairs for City buildings.
Funding is available from various building maintenance accounts.
2.Purchase award to Motorola in the amount of $17,969.90 via the Palm Beach
County School Board Contract #06C-31R for the purchase of five (5)
replacement XTS 5000 Radios for the Police Department. Funding is available
from 001-2111-521-64.90 (General Fund/Machinery/Equipment).
3.Contract award to Rosso Paving and Drainage, Inc. in the amount of $225,837.50
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for the N.E. 4 Street Improvements Project. Funding is available from 448-
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5461-538-65.31 (Stormwater Utility Fund/N.E. 4 St. – N.E. 5 Ave. to N.E. 6
Ave.)
4.Contract award to Pantropic Power, Inc. in the amount of $19,635.78 for
replacing the radiator for the generator at the South Pump Station. Funding is
available from 442-5178-536-64.90 (Water/Sewer Renewal & Replacement
Fund/Other Machinery & Equipment).
5.Contract award to Adelphia in the amount of $19,607.00 for the installation of
fiber optics at Catherine Strong Park to enable access to the City’s Network.
Funding is available from 001-4137-572-46.90 (General Fund/Other
Repair/Maintenance Costs).
6.Purchase award to Hector Turf in the amount of $20,641.12 via the GSA
Contract #GS-00F-0087M for the purchase of one (1) Toro Greensmaster 3100
Mower for the Lakeview Golf Course. Funding is available from 446-4761-572-
64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment).
9.REGULAR AGENDA:
A.CONDITIONAL USE REQUEST/ISLAND AIR: Consider a request to allow the
construction of a free-standing, 33-unit, multiple family townhouse development, to be
known as Island Air, in the GC (General Commercial) zoning district, located on the east
side of North Federal Highway, approximately 360 feet north of George Bush Boulevard.
(Quasi-Judicial Hearing)
(Motion to approve Board Order as stated; Approved, 3-2;
Commissioner Levinson and Commissioner Montague dissenting)
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B.BID AWARD/NEEDHAM ROOFING, INC.: Consider approval of a bid award to
second lowest bidder, Needham Roofing, Inc., in the amount of $179,849.00 for the Re-
roofing of the Community Center Gymnasium Project. Funding is available from 334-
4125-572-46.90 (General Construction Fund/Other Repair/Maintenance). (
Approved, 5-
0)
C.BID AWARD/RAYSIDE TRUCK AND TRAILER, INC.: Consider approval of a
bid award to second lowest bidder, Rayside Truck and Trailer, Inc. in the amount of
$21,513.00 for the purchase of a utility body and crane to be mounted on City Vehicle
#444 for maintenance of the Lift Station for the Utility Maintenance Division. Funding
is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). (
Approved, 5-
0)
D.POTENTIAL SALE OF PROPERTY/CHURCHILL PROPERTY: Consider
approval of an agreement between the City and William Plum for a period of ninety (90)
days to work on the City’s behalf to sell the former Churchill property at a 3%
commission.
(Consensus of the Commission to put out to RFP (Request for Proposal) and not
enter into an agreement at this time)
E.APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
(DEFERRED until June 20, 2006)
F.APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one (1) regular member to the Boca Raton Aviation Advisory
Committee for a two (2) year term ending May 31, 2008. Based upon the rotation system,
the appointment will be made by Commissioner Montague (Seat #4).
(Appointed Robert
Conway and approved, 5-0)
G.APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board for an unexpired term ending December
13, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Montague (Seat #4).
(DEFERRED until June 20, 2006)
H.BID AWARD/CHAZ EQUIPMENT COMPANY, INC.: Consider a bid award to
second lowest bidder, Chaz Equipment Company, Inc., in the amount of $986,318.70 for
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construction of the S.E./N.E. 1 Street One-Way Pair Conversion. The Community
Redevelopment Agency (CRA) will contribute an additional $131,711.60 to the project
for a total contribution of $648,563.70. The City will provide funding in the amount of
$337,755.00. Funding will be available from 334-3162-541-65.88 (General Construction
st
Fund/S.E./N.E. 1 Street One-Way Pair), 448-5461-538-65.88 (Stormwater Utility
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Fund/S.E./N.E. 1 Street One-Way Pair), and 442-5178-536-65.88 (Water/Sewer
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Renewal & Replacement Fund/S.E./N.E. 1 Street One-Way Pair). (
Approved, 5-0)
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10.PUBLIC HEARINGS:
A.ORDINANCE NO. 30-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) Section 2.4.6,
“Procedures for Obtaining Permits and Approvals”, to provide that properties in single
family residential districts may only be entitled to one (1) extension for a building permit;
amending Section 4.4.3, “Single Family Residential (R-1) Districts”, by enacting
Subsection 4.4.3(I), “Construction Site Conditions/Restrictions” and Subsection 4.4.3(J),
“Violations of 4.4.3(I)”, to provide for conditions and restrictions for structures that are
undergoing construction and remedies for violators. If passed, a second public hearing
will be scheduled for June 20, 2006. (
Approved, 5-0)
B.ORDINANCE NO. 33-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to the Land Development Regulations (LDR) creating a new
zoning district, Section 4.4.29, “MROC (Mixed Residential, Office, and Commercial)
District”, amending Section 4.3.4(K), “Development Standard Matrix” and Section
4.6.9(C)(8)(a), “Shared Parking” to add MROC as a zoning district which can utilize
shared parking. If passed, a second public hearing will be scheduled for June 20, 2006.
(Motion to continue to a date non-certain and staff to meet with other organizations; Approved,
5-0)
C.RESOLUTION NO. 35-06 AND RESOLUTION NO. 36-06: Consider approval of
Resolution No. 35-06 and Resolution No. 36-06 authorizing the City to sell City owned
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property located at 1025 S.W. 10 Avenue and 1044 S.W. 10 Avenue to Southern
Development Services, Inc. for the total amount of $19,600.00; and Contracts for Sale
and Purchase between the City and Southern Development Services, Inc. (REMOVED)
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. 34-06: An ordinance amending Section 37.45, “Supplemental
Code Enforcement Procedures”, to provide for civil violation imposition and collection
of penalties via ticketing through City Code and Law Enforcement Officers; and to
provide for a Hearing Officer to hear civil violation appeals. If passed, a public hearing
will be scheduled for June 20, 2006. (
Approved, 5-0)
B.ORDINANCE NO. 32-06: Rezoning from RM (Medium Density Residential) to CF
(Community Facilities) for Lots 11 and 23, Block 6, Atlantic Gardens, located
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approximately 57 feet north of S.W. 2 Street, between S.W. 11 Avenue and S.W. 12
Avenue for the Delray Beach Neighborhood Resource Center. If passed, a public
hearing will be scheduled for June 20, 2006. (
Approved, 5-0)
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C.ORDINANCE NO. 35-06: City initiated amendment to Land Development
Regulations (LDR) Section 4.3.3, “Specific Requirements for Specific Uses”, to require
the installation of generators for certain critical facilities. If passed, a public hearing will
be scheduled for June 20, 2006.
(Motion to approve Revised Ordinance No. 35-06; Approved,
5-0)
D.ORDINANCE NO. 31-06: An ordinance amending Chapter 32, “Departments,
Boards, and Commissions”, subheading “Advisory Boards and Committees” by
amending Section 32.06, “Composition of Boards and Committees; Generally”, Section
32.07, “Membership Qualifications/Requirements”; and Section 32.08, “Length of
Terms; Restrictions”, to provide that membership of a board may be established by
resolution and to permit other City Board members to sit on the Unity Collaborative. If
passed, a public hearing will be scheduled for June 20, 2006. (
Approved, 5-0)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 8:21 p.m. ******
06-06-2006
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