10-03-06 Agenda Results Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Tuesday. October 3.2006
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.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delrny Beach City Hall
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The Oty 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 Oty. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the Oty to accommodate your 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 addition of Item 6.B, Proclamation for James Lamar
Shuler; Additional information for Item 9.B, Contract Awards/Property & Casualty Insurance Coverage;
Item 10.A, Ordinance No. 47-06; Item 12.C, should read Ordinance No. 57-06 and Ordinance No. 58-
06; Approved as amended, 5-0)
5. APPROVAL OF MINUfES:
· September 5, 2006 - Regular Meeting (Approved, 5-0)
· September 19, 2006 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Florida OtyGovemment Week- October 15-21, 2006
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: Oty Manager Recommends Approval. (Approved, 5-0)
A. FINAL BOUNDARY PLAT APPROVAL/OTYSCAPE: ~prove the boundary
plat for Otyscape, located at the northwest comer of N.E. 3 Street and N.E. 5th
Avenue (southbound Federal Highway).
B. REQUEST FOR SIDEWALK DEFERRAL/S02 N. OCEAN BLVD: Approve a
request to defer the installation of a sidewalk in front of 502 N. Ocean Blvd. Staff
recommends approval.
C. SERVICE AUfHORIZATION NO. 4.1/CH2M HILL. INC.: Approve SelVice
Authorization No. 4.1 to Gf2M Hill, Inc. in the amount of $82,017.00 for project
management selVices necessary for the planning and development of the Old School
Square Cultural Arts Center Expansion Project. Funding is available from 334-4151-
572-63.59 (General Fund CapitaVOld School Square Park Improvements).
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D. CHANGE ORDER NO. 4 (CONTRACT CLOSEOUf)/REVISED FINAL
PAYMENT/ROSSO PAVING AND DRAINAGE. INC.lN.E. 4TH AVENUE
BEAUfIFlCATION: Approve Change Order No.4 (Contract Ooseout) in the
amount of $32,769.49 and revised final payment in the amount of $87,768.96 to Rosso
Paving and Drainage, Inc. for completion of the N.E. 4th Avenue from Atlantic Avenue
to N.E. 2nd Street Beautification Project. Funding is available from 442-5178-536-63.50
(Water/Sewer/Renewal and Replacement Fund/Water Mains) and 334-3162-541-65.81
(General Construction FundlN.E. 4th Avenue).
E. AMENDMENT NO. 2/SERVICE AUfHORIZATION NO. 6/MATHEWS
CONSUL TING. INC: Approve Amendment No.2 to SelVice Authorization No.6
for Mathews Consulting, Inc. in the amount of $5,000.00 for the addition of engineering
services for replacement of existing stormwater piping for the Seasage Drive, Melaleuca
Road, and Oleander Lane Drainage Infrastructure Improvements Project. Funding is
available from 448-5461-538-65.35 (Stormwater Utility Fundi
Seasage/Melaleucal Oleander).
F. RATE ADJUSTMENTS/AMENDMENT NO. 2/KIMLEY-HORN AND
ASSOCIATES. INC: Approve Amendment No.2 to the Kimley-Hom and
Associates, Inc. Consulting Engineering SelVices Agreement Section VII(A)(2)(a) to
adjust the hourly rates by five percent (5%) and add a new category of Senior Principal.
G. UfILITY EASEMENT/FLORIDA POWER AND LIGHT: Approve a utility
easement document granting to Florida Power and Light the means to instalV maintain
the required underground utilities on Oty owned property for the Old School Square
Parking Garage Project.
H AMENDMENT NO. 3/CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND
JOSETTE SAINT FORT: Approve Amendment No.3 to the Contract for Sale and
Purchase of property to Jean Louis Saint Fort and Josette Saint Fort, as part of the
CalVer Square Relocation Project, postponing the closing date from September 26, 2006
to December 29, 2006.
1. AMENDMENT NO. 2/INTERLOCAL AGREEMENT/SCHOOL BOARD
OF PALM BEACH COUNTY: Approve Amendment No. 2 to the Interlocal
Agreement between the Oty and the School Board of Palm Beach County, for the
Purchase and Construction of a Soccer Complex which states that the Oty shall provide
gate access to the play court adjacent to the Soccer Complex; will permit joint use of the
existing one-story restroom facility to the north of the football stadium; and the Oty
will assume 100% of the utility/electric costs for the Soccer Complex.
J. CLUB CAR. INC/GOLF CARTS: Approve a purchase award to Oub Car, Inc. in
the amount of $131,420.00 for eighty-two (82) new golf carts for the Delray Beach
Municipal Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach
Municipal Golf Course Fundi Other Machinery/ Equipment).
K. MOVED TO THE REGULAR AGENDA AS ITEM 9.M.
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L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING
PRE VE NTI ON COALITION: Approve an Interlocal Agreement with Palm Beach
County for reimbursement of swimming lessons for the Learn to Swim Program at
Pompey Park and the Delray Swim/Tennis Center through the Drowning Prevention
Coalition of Palm Beach County.
M RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify the reappointment of Mr. Joe Pike,
Planning and Zoning Board Alternate Representative, to the Parking Management
Advisory Board for a two (2) year term ending August 31, 2008.
N. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY:
Approve an agreement for consultant/lobbying selVices between the Oty and Kathleen
E. Daley and Associates, Inc. in the amount of $48,000.00 for the period October 1,
2006 through September 30, 2007. Funding is available from 001-1111-511-34.90
(General Fundi Other Contractual SelVices).
O. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special
event request to allow the Annual Halloween Parade to be held on October 28, 2006
from 1:30 p.m. until approximately 2:15 p.m., including temporary use permit per LDR
Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 1st Avenue to
Veterans Park, staff support for traffic control and security; contingent upon the receipt
of a hold harmless agreement.
P. SPECIAL EVENT REQUEST/7TH ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 7th Annual
Delray Beach Thanksgiving Art Fair to be held on November 25 and November 26,
2006 from 10:00 a.m. to 5:00 tm., to grant a temporary use permit per LDR Section
2.4.6(F) for the use of N.E. 2n Avenue from the alley just north of Atlantic Avenue to
NE 4th Street, to utilize the Oty Hall parking lot for vendor parking, and to authorize
staff support for traffic control, barricading, security and Fire Inspector with sponsor
paying all overtime costs.
Q. SPECIAL EVENT REQUEST/20th ANNUAL TURKEY TROT: Approve a
special event request to allow the 20th Annual Turkey Trot to be held on Saturday,
November 18, 2006 from 5:00 a.m. until approximately 9:00 a.m., including temporary
use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina
to George Bush Boulevard from 5:00 a.ill. to approximately 10:00 a.m., and authorize
staff support for traffic control, barricade set-up/removal, trash removal and clean up,
use of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and
Anchor Park as well as along Atlantic Avenue from Venetian to A-l-A from 8:00 a.ill.
until approximately 10:00 a.ill.
R REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 18, 2006 through September 29,2006.
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S. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Public Safety Equipment & Installations, Inc. in the amount
of $23,372.82 for the purchase and installation of emergency lighting and other
equipment for six (6) new police vehicles. Funding is available from 501-3312-
591-64.20 (Central Garage Fund/Automotive).
2. Purchase award to Century Industries in the amount of $128,019.00 for the
purchase of a mobile stage. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Oairns).
3. Contract award to Globe Marketing in an estimated amount of $104,500.00 for
the processing of the Oty's utility bills. Funding is available from 441- 5112- 536-
34.90 (Water/Sewer Fund/Other Contractual SelVices).
9. REGULAR AGENDA:
A. RATIFICATION OF THE PROFESSIONAL FIRE FIGHTERS AND
PARAMEDICS OF PALM BEACH COUNTY. LOCAL 2928 MEMORANDUM
OF UNDERSTANDING: Consider approval and ratify the Memorandum of
Understanding with the Professional Fire Fighters and Paramedics of Delray Beach,
Local 2928, effective until September 30,2007. (Approved, 5-0)
B. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of a contract award to various insurance companies
as negotiated by our broker, Arthur J. Gallagher, for the Oty's Property and Casualty
Insurance Policies effective October 1, 2006. (Motion to approve A + P5 Insurance
Package; Approved, 5-0)
C. CONDITIONAL USE EXTENSION AND WAIVER REQUESTS/AVENUE
EAST (FKA GROVE SQUARE): Consider an extension request for the conditional
use approvals which allowed a building height in excess of 48 feet (54' 3" approved) and
which allowed residential units in excess of 30 units per acre (38.2 dwelling units per
acre); and a waiver request to the Land Development Regulations (LDR) Section
2.4.4(F)(3)(a) for Avenue East (fka Grove Square), located at the northeast comer of
S.E. 1st Street and S.E. 2nd Avenue. (Quasi-Judicial Hearing) (First Motion to Table
extension request to a date certain of October 17,2006 Commission Meeting; Approved, 3-2;
Commissioner Levinson and Commissioner Montague dissenting; Second Motion to adopt the
board order denying the wavier; Approved, 5-0)
D. CONDITIONAL USE REQUEST/CHILDREN OF DESTINY: Consider a
request to allow the establishment of a child care facility for Children of Destiny (fka
Pat's Happy Face), located on the northwest comer of N.W. 2nd Street and N.W. 6th
Avenue (601 N.W. 2nd Street). (Quasi-Judicial Hearing) (Motion to approve board
order as set forth; Approved, 5-0)
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E. DECORATIVE STREET LIGHTS ALONG PUBLIC BEACH/SR AlA
(LINTON BOULEVARD TO GEORGE BUSH BOULEVARD): Provide
direction regarding the type of decorative street lights to be installed along the public
beach on SR AlA (Linton Boulevard to George Bush Boulevard). (Consensus of the
Commission for staff to acquire pricing for lamps and obtain the Beach Property Owners'
Association (BPOA) input)
F. REQUEST FOR QUALIFICATIONS (RFQ)/OLD SCHOOL SQUARE
CUL TURAL ARTS CENTER EXPANSION: Consider the current anticipated
schedule for advertising the Request for Qualifications (RFQ's) for the Old School
Square Cultural Arts Center Expansion project and publishing deadlines established by
the national professional journals; and review the proposed membership of the Request
for Qualifications (RFQ) Selection Committee. (Commission direction to add a
representative from the Public Arts Advisory Board and Bill Wilshire to the Selection
Committee)
G. REQUEST FOR SPONSORSHIP/URBAN LEAGUE YOUNG
PROFESSIONALS OF PALM BEACH COUNTY (UL YP)/THE PALM
BEACH ALUMNI EXTENSION OF THE NATIONAL SOCIETY OF
BLACK ENGINEERS (NSBE): Consider a sponsorship request from the Urban
League Young Professionals of Palm Beach County (UL YP) and The Palm Beach
Alumni Extension of the National Society of Black Engineers (NSBE) for the Scripps
Panel Discussion to be held on October 25, 2006. (Consensus of Commission not to
participate in sponsorship)
H REQUEST FOR SPONSORSHIP/NAVY LEAGUE OF THE UNITED
STATES/BOCA-DELRAY COUNCIL: Consider a request from the Navy League
of the United States/Boca- Delrny Council to purchase two (2) tables in the amount of
$1,000.00 each for the luncheon to be held on December 7, 2006 at the Boca Raton
Marriott Hotel. (Motion to offer and identify Police Department volunteers interested in
going and pay for those seats; Approved, 5-0)
1. AMENDMENT NO. l/INTERLOCAL AGREEMENT /COMMUNITY
REDEVELOPMENT AGENCY (CRA)/SHUfTLE BUS SERVICE: Consider
approval of Amendment No. 1 to the Interlocal Agreement between the Oty and the
Community Redevelopment Agency (CRA) for shuttle bus selVice in the downtown
area increasing the Community Redevelopment Agency's (CRA) initial funding in the
additional amount of $40,000.00 per year. (Approved, 4-0; Mayor Perlman filed Conflict of
Interest, passed the gavel to Vice Mayor Ellis and left dais)
J. SECOND SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN AND
ROBERT DEIGNAN V. CITY: Consider a second Settlement Offer in the amount
of $6,000.00 in Cheryl Wright-Deignan and Robert Deignan v. Oty. Staff
recommendation is denial. (Denied, 5-0; Mayor Perlman returned to dais)
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K. REQUEST TO PARTIOPATE IN REHEARING/APPEAL: Consider
authorizing the Oty Attorney to participate in any rehearing filed and any appeal to the
Florida Supreme Court regarding voluntary annexations in Palm Beach County.
(Approved, 5-0)
L. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance
Board to serve an unexpired term ending August 31, 2008. Based upon the rotation
system, the appointment will be made by Commissioner Ellis (Seat # 1). (Appointed
Shane Ames and approved 3-2; Commissioner Levinson and Commissioner Fetzer dissenting)
M PLAYERS INTERNATIONAL MANAGEMENT. INC (PIM)
AGREEMENT: Consider approval of a five (5) year agreement with Players
International Management, Inc. (PINt) Agreement for three (3) USTA Junior Tennis
Tournaments proposed to be held at the Oty's Tennis Facilities. (Motion to approve
subject to staff recommendations; Approved, 5-0)
10. PUBLIC HEARINGS:
A ORDINANCE NO. 47-06: Amendment to the Land Development Regulations,
Central Business District Section 4.4.13(H), "Special Regulations", to eliminate the
nonresidential requirements on the ground floor along the west side of Pineapple Grove
Way, between NE 3m Street and NE 4th Street; and Section 4.4. 13 (F) (3), "Building
Frontage and Front Setbacks", to adjust 3m floor setback requirements for single
use townhouse structures along Pineapple Grove Way. (Approved, 4-1; Commissioner
Levinson dissenting)
B. ORDINANCE NO. 56-06 (FIRST READING/FIRST PUBLIC HEARING):
Oty initiated amendment to extend for 90 days the temporary building moratorium for
demolition, and developments which exceed certain square footage in any of the Oty's
five historic districts [excluding properties zoned CF (Community Facilities) or CBD
(Central Business District)]. If passed, a second public hearing will be scheduled for
October 17, 2006. (Denied,5-0)
C. ORDINANCE NO. 45-06 (SECOND READING/SECOND PUBLIC
HEARING): Oty initiated amendment to Land Development Regulations (LDR)
Section 4.4.13, "Central Business District", to provide regulations relating to office uses
on the ground floor along Atlantic Avenue extending from 1-95 to Ocean Boulevard.
(Approved, 5-0)
D. WAIVER REQUESTS/DELRAY YACHT CLUB: Consider a request for waiver
of Land Development Regulations (LDR) 4.3.4(K), "Development Standards Matrix";
Section 2.2.4(D) (3), "Duties, Powers, and Responsibilities"; Section 2.4.7(B)(1)(b)(iit),
"Waivers; Special Power to the Oty Commission" and 4.3.4Q)(4)(a), "Increases to
Height Regulations; Prohibitions" for the Delrny Yacht Oub. (Quasi-Judicial
Hearing) (Motion to approve board order as set forth; Approved, 4-1; Commissioner
Levinson dissenting)
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E. ORDINANCE NO. 54-06: An ordinance amending Chapter 96, "Fire Safety and
Emergency SelVices", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National Ambulance Fee Schedule. (Approved, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A Oty Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 53-06: An ordinance amending Chapter 101, "Parks, Beaches,
and Recreation", of the Oty Code of Ordinances by amending Section 101.24 , "Traffic
Regulations", to provide that overhead vehicles shall not be operated within 300 feet of
the municipal beach except for airplanes, jets and! or helicopters and motor vehicles
shall not be driven on the municipal beach except for authorized uses. If passed, a
public hearing will be scheduled for October 17, 2006. (Approved, 5-0)
B. ORDINANCE NO. 55-06: Oty initiated amendment to the Land Development
Regulations Article 1.3, "Nonconforming Uses, Lots, and Structures", of the Land
Development Regulations, Section 1.3.6, "Repairs and Maintenance", to provide that if
repairs are made to structures damaged by an act of God; Section 1.3.8 "Reconstruction
Necessitated by an Act of God" shall apply. If passed, a public hearing will be
scheduled for October 17, 2006. (Approved, 5-0)
C. ORDINANCE NO. 57-06 AND ORDINANCE NO. 58-06: Privately initiated
amendment to the Land Development Regulations Section 4.6.9(E) to provide credit
towards required parking for the developers constructing new on-street public parking
in adjacent rights-of-way. If passed, a public hearing will be scheduled for October 17,
2006. (Motion to approve Ordinance No. 58-06 with changes to Section E; Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Oty Manager
B. Oty Attorney
C. Oty Commission
POSTED: SEPTEMBER 29, 2006
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