06-05-01 ResultsCity of Delray Beach
Regular Commission Meeting
*** Agenda Results
Tuesday, June 5, 2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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
and the right to limit discussion rests with the Commission. Generally, remarks
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.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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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.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
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.
The City will furnish auxiliary aids and services to afford an individual with a
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-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetinas in the Commission Chambers.
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5.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Approved 5-0, Item 12.t1.1 deferred to June 19, 2001)
APPROVAL OF MINUTES:
· Regular Meeting -April 17, 2001 (Approved
PROCLAMATIONS:
Recognizing Student Ambassadors: Lexie Brown, Grant Chang-Chien, Andrew Chao,
Teresa Garcia and D'Jenie Helne
National Homeownership Week-June 4-8, 2001
PRESENTATIONS:
CONSENT AGENDA: City Manager Recommends Approval. (Approved.q-O)
ACCESS EASEMENT AGREEMENT/CROSSROADS CLUB & ELKS CLUB:
Approve an access easement agreement that allows a second point of access from the
proposed parking lot for the Crossroads Club over the Elks Club property. The access
agreement also provides for access from the Elks Club parking lot over the Crossroads
Club parking lot and onto the City owned property.
B. AMENDMENT TO THE ENCROACHMENT AGREEMENT WITH THE
LAKE WORTH DRAINAGE DISTRICT: Approve the Third Amendment to the
Encroachment Agreement between the City and the Lake Worth Drainage District for a
five (5) year extension to April 11, 2006.
ENCROACHMENT AGREEMENT/COMMUNITY CHILD CARE
CENTER: Approve an encroachment agreement with the Community Child Care
Center which allows the center to place pavers, walkways, overhangs and dumpster
pods in the public right-of-way. The initial term of the agreement is twenty-five (25)
years with allowable extensions thereafter in ten (10) year increments.
REPLAT FOR COMMUNITY CHILD CARE FACILITY: Approve the replat for
the Community Child Care Facility, located between Lake Ida Road and NW 4~h Street.
GRANT AGREEMENT FOR PROGRAMMABLE ELECTRONIC MESSAGE
SIGNS: Authorize the Mayor to sign a Grant Agreement with the State of Florida,
Department of Community Affairs, for an Emergency Management Preparedness and
Assistance Trust Fund grant in the amount of $50,000 to purchase two (2)
Programmable Electronic Message Signs specifically designed to further emergency
management capabilities. No matching funds are required.
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F. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize
staff to submit a grant application to the Children's Services Council (CSC) for funding
in the approximate amount of ~g124,680 for the City's out of school program, day camps
and summer camp programs.
CRA INTERLOCAL AGREEMENTS/PINEAPPLE GROVE SPECIAL
ASSESSMENTS: Approve the interlocal agreements with the CRA to reimburse the
City $50,000 for the Pineapple Grove Entrance Special Assessment District
project and $683,283.33 for the Pineapple Grove Way Special Assessment District
project.
AGREEMENT AMENDMENT/GOLDEN MARK MAINTENANCE:
Approve an amendment to the agreement between the City and Golden Mark
Maintenance to transfer the contract to OneSource Facility Services, Inc. as a result of
the merger of two service companies.
CONTRACT CLOSEOUT/INSITUFORM TECHNOLOGIES, INC.
(REHABILITATION OF GRAVITY SEWER SYSTEMS): Approve the contract
closeout with Insituform Technologies, Inc. for the Rehabilitation of Gravity Sewer
Systems.
CONTRACT CLOSEOUT/INSITUFORM TECHNOLOGIES, INC.
(REHABILITATION OF GRAVITY SEWER SYSTEMS/2000 ROADWAY
BOND PROJECT): Approve the contract closeout with Insituform Technologies,
Inc., for the Rehabilitation of Gravity Sewer Systems/2000 Roadway Bond Project.
K. SERVICE AUTHORIZATION NO. 91-45/HELLER-WEAVER AND
SHEREMETA, INC. (2000 ROAD BOND SW AREA II IMPROVEMENTS):
Approve Service Authorization No. 91-45 with Heller-Weaver and Sheremeta in the
amount of $42,240.00 to survey the area encompassing the 2000 Road Bond SW Area II
Improvement project. Funding is available from 370-3162-541-65.58 (SW Area II
Improvements).
SERVICE AUTHORIZATION # 8/MATHEWS CONSULTING, INC. (SW
AREA): Approve Service Authorization # 8 with Mathews Consulting, Inc. for general
engineering services for the SW Area II Improvement project. Funding is available
from 370-3162-541-65.58 (SW Area II Improvements).
M. DEDUCT CHANGE ORDER #2 & FINAL PAYMENT/AHRENS
COMPANIES: Approve deduct Change Order # 2 in the net amount of-~g8,854.91
with Ahrens Companies for completion of the ESD Maintenance & Parks Maintenance
Expansion Project, and final payment in the amount of ~g47,164.85. Funding is available
from 334-4131-572-62.10 (Parks Maintenance) 49471.72; and 334-6112-519-62.10
(Building Maintenance/Garage) 498,383.19.
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy
for one (1) eligible applicant/family in the amount of Sll,000.00, property located at
2125 SW 12~h Court. This represents the 124~h applicant under the Delray Renaissance
Program. Funding is available from 118-1924-544-83.01 (SHIP Program).
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SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a
request for special event approval for Art & Jazz scheduled for June 28, 2001, including
temporary use permit and street closure, staff support, use of City equipment, and
specified overtime costs.
SPECIAL EVENT REQUEST/4TM OF JULY: Consider a request for special event
approval for the 4~h of July Celebration event, including temporary use permit for street
closures, waiver to allow banners and flags, waiver to allow assembly on the beach and
vendors on A1A, and staff support.
SPECIAL EVENT REQUEST/SUMMER NIGHTS: Consider a request for
special event approval for the Summer Nights on the Avenue program, including
temporary use permit, staff support with payment to the City for overtime costs
exceeding $5,000.00.
SPECIAL EVENT REQUEST/AVDA 5K WALK: Consider a request for special
event approval to allow the 3~ Annual Aid to Victims of Domestic Abuse (AVDA) 5 K
Walk to be held on Saturday, October 20, 2001, including temporary use permit, staff
support for traffic control with the sponsor paying all overtime costs.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
To
Accept the actions and decisions made by the Land Development Boards for the period
May 14, 2001 through June 1, 2001.
AWARD OF BIDS AND CONTRACTS:
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Purchase award to Fisher Scientific Company for the purchase of forty (40) Self-
Contained Breathing Apparatus (S.C.B.A.) cylinders in the amount of
$24,035.60. Funding is available from 001-2315-526-64.90 (Other
Machinery/Equipment).
Contract award to Security Roofing Systems, Inc. for the re-roofing of the beach
pavilions along A1A in the amount of $15,796.00. Funding is available from
334-6112-519-62.13 (General Construction/Pavilion Roofs).
Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm
Beach County Bid #01-078/MW for an annual coat of $21,961.00. Funding is
available from various departments' operating expense budget.
Contract renewal via Veto Beach Bid #97-41 with G&K Services for uniform
rental at an annual cost of $44,974.00. Funding is available from various
deparunents' operating expense budget.
Purchase award via State Contract, to Maroone Dodge in the amount of
$16,927.00 for a % ton utility body pickup truck. Funding is available from 441-
5123-536-64.20 (Water/Sewer Automotive).
Blanket purchase order increase via Broward County Bid #HD98280M1 to
Colonna Asphalt for asphalt and concrete repairs in the amount of $10,000.00.
Funding is available from 441-5141-536-34.90 (Water/Sewer-Other Contractual
Services).
Purchase award to FireCo, Inc. in the amount of $18,650.00 for the purchase of
a thermal imaging camera. Funding is from 115-0000-248-64.00 (Special
Projects).
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9. REGULAR AGENDA:
CONDITIONAL USE REQUEST/BFI: Consider a conditional use request to
allow the construction of a 125' high telecommunications tower at the BFI (Browning-
Ferris Industries) site, located on the east side of SW Th Avenue, north of Linton
Boulevard (1475 SW Th Avenue). Quasi-Judicial Hearing. (Approved S-O)
SANDOWAY PARKING LOT: Consider the statistical data collected during the test
period, from January 2001, through April 2001, associated with extending the closing
time of the Sandoway Parking Lot from 8:00 p.m. to 9:00 p.m. and establish the official
lot closing time. (ApprovedS-O)
C. HOMEOWNERS AGREEMENT/ANDOVER HOMEOWNERS ASSOCIATION:
10.
Approve an agreement between the City and the Andover Homeowners Association
with the City providing supplies needed for the construction of drainage improvements
near the entrance to Andover. (Approved 5-0)
AMENDMENT #1 TO DEVELOPER'S AGREEMENT/OCEAN
HAMMOCK HOMES: Approve Amendment #1 to the developer's agreement with
Ironwood Properties for the Ocean Hammock Coach Homes project. (Approved 5-0)
LEASE AGREEMENT AT&T/POLICE DEPARTMENT TOWER: Consider
approval of a lease agreement with AT&T Wireless Services of Florida for location of
their communications equipment on the Police Department Tower. The initial term is
for five (5) years. (Approved 5-0)
SPECIAL EVENT REQUEST/JOIN HANDS DAY FESTIVAL: Consider a
request for special event approval for the First Join Hands Day Festival to be held on
Saturday, June 16, 2001 at Currie Commons Park, including the use of the park,
temporary use permit, staff support and waiving overtime costs. (Approved 5-0)
PROPOSAL FOR SETTLEMENT/JAMES TYLKE v. CITY OF DELRAY
BEACH, et. al: Consider proposal of settlement in the James Tylke v. City of Delray
Beach, et. al. (Approved 5-0)
H. RFP FOR NAMING RIGHTS/TENNIS FACILITY: Consider approval of the
RFP for naming rights/and or philanthropic donations for the Tennis Facility.
(Approved 5-0)
I. CHARTER REVISION COMMITTEE: Commission to provide direction to the
recently appointed Charter Revision Committee.
(Consenst~s: Charter changes are to go on the March 2002 ballot.)
PUBLIC HEARINGS:
ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "DeparUnents,
Boards and Commissions" of the City Code of Ordinances by modifying Section 32.07
"Membership Qualification/Requirements". (back on June 19, 2001)
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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.
FIRST READINGS:
ORDINANCE NO. 35-01: An ordinance amending Chapter 91, "Animals" of the
Code of Ordinances and amending Section 91.51 "Lighting Restrictions Along Beach",
to provide for a change in the dates and times that artificial lighting along the beach
shall be prohibited. If passed, a public hearing will be scheduled for June 19, 2001.
(Approved 5-0)
ORDINANCE NO. 32-01: An ordinance rezoning from GC (General Commercial) to
AC (Automotive Commercial) for a parcel of land located on the west side of North
Federal Highway approximately 920 feet north of Lake Avenue for Autobahn Motors,
Inc. If passed, a public hearing will be scheduled for June 19, 2001.
(Approved 5-0)
WAIVER REQUEST/AUTOBAHN MOTORS AUTOMOTIVE
DEALERSHIP: Consider a waiver to LDR Section 4.4.10(F) (2) (d), which
requires a minimum lot area of 1.5 acres for Autobahn Motors Automotive
Dealership, located on the west side of North Federal Highway, approximately
920' north of Lake Avenue.
(DeFerred to June 19, 2001)
ORDINANCE NO. 36-01: An ordinance amending Chapter 33, "Police and Fire
Departments" of the City Code of Ordinances, by amending Section 33.685, "Deferred
Retirement Option Plan", authorizing the Pension Board to select a third party
administrator to provide a self-directed investment program for DROP Accounts. If
passed, a public hearing will be scheduled for June 19, 2001.
(Approved 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
*** Adjourned at 8 p.m. ***
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