10-17-06 Agenda Results
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
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RULES FOR PUBLIC PARTICIPATION
Tuesday. October 17.2006
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
Dekay 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 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 Smith at 243-7010,
24 hours prior to the event in order for the City 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 additional information for Item 8.1., Service
Authorization No. 1.3/Kimley Horn and Associates, Inc., which was moved to Item 9.A.1. under
Regular Agenda; and Item 8.Q, Refund/Jean Louis Saint Fort and Josette Saint Fort, added to the
Consent Agenda by addendum; Additional information for Item 9.G, Shuttle Service Marketing and
Graphics Plan; I tern 9.B., Conditional Use Extension/Avenue East (fka Grove Square) was postponed
to a date certain of November 7, 2006 Commission Meeting; Approved, as amended, 5-0)
5. APPROVAL OF MINUTES:
. October 3, 2006 - Regular Meeting (Approved, 5-0)
· October 10,2006 - Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Family Literacy Month - November 2006
7. PRESENTATIONS:
A. RESOLUTION NO. 35-06: Recognizing and commending Jack Ceasar for 35 years
of dedicated service to the City of Delray Beach (Approved, 5-0)
B. Recognizing and Commending the Delray Beach Police Department Vice,
Intelligence and Narcotics Section for receiving the Statewide Unit Citation Award
C. Recognizing and Commending the City of Delray Beach for receiving the Gold
Medalist Partner in Education Award - Jerry Crocilla, Academy Coordinator
D. "Spotlight on Education" - Audra Marks, CEO of New Innovations
8. CONSENT AGENDA: City Manager Recommends Approval. (Approve as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/ATLANTICA DELRAY: Approve
the final subdivision plat for Atlantica Delray, located between N.E. 7ili Avenue and
N.E 6ili Avenue (northbound Federal Highway), approximately 150 feet north of
George Bush Boulevard.
B. REOUEST FOR SIDEWALK DEFERRAL/217 AND 223 NORTHWEST 15th
AVENUE: Approve a request to defer the installation of a sidewalk in front of 217
Northwest 15th Avenue and 223 Northwest 15ili Avenue. Staff recommends approval.
C. REQUEST FOR SIDEWALK DEFERRAL/2220 WEST PINE RIDGE
COURT: Approve a request to defer the installation of a sidewalk in front of 2220
West Pine Ridge Court. Staff recommends approval.
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D. ACCEPTANCE OF RIGHT-OF-WAY DEED/MAROONE FORD: Approve
and accept a right-of-way deed associated with the Maroone Ford Overflow Parking Lot
located at 1620 Wallace Drive.
E. CORRECTED CHANGE ORDER NO.4 (CONTRACT CLOSEOUT)/FINAL
PAYMENT /RANGER CONSTRUCTION INDUSTRIES, INC.l2005
STREET RESURFACING PROJECT: Approve Corrected Change Order No.4
(Contract Closeout) in the amount of a $55,020.25 decrease and final payment in the
amount of $17,623.16 to Ranger Construction Industries, Inc. for completion of the
2005 Street Resurfacing Project to split the funding between 334-3162-541-61.17
(General Construction Fund/2005 Resurfacing) for $2,500.00 and 551-1575-591-45.50
(Insurance Fund/Property Claims) for $15,123.16.
F. SERVICE AUTHORIZATION NO. 3.2/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 3.2 to Mathews Consulting, Inc. in the amount of
$19,907.00 for performing construction administration; specialty, substantial, and final
inspections; review of as-built drawings; and coordination of the Palm Beach County
Health Department (PBCHD) Water Main Certification for the Country Club Acres
Infrastructure Improvements Project. Funding is available from 448-5461-538-65.86
(Storm Water Utility Fund/Country Club Acres).
G. SERVICE AUTHORIZATION NO. 1.3/CH2M HILL, INC.: Approve Service
Authorization No~ 1.3 for CH2M Hill, Inc. (Amendment No. 3 to Service
Authorization No.1) in the amount of $20,000.00 for professional services related to
the Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90
(Water/Sewer Renewal & Replacement/Other Repair & Maintenance Costs).
H. CONTRACT AWARDS/SERVICE AUTHORIZATION NO. 1/CURRIE,
SOWARDS. AGUILA ARCHITECTS: Approve a contract award and Service
Authorization No.1 in the amount of $221,500.00 to Currie, Sowards, Aguila Architects
for professional consulting services related to the replacement of Fire Station #4 on
Lake Ida Road at Barwick Road. Funding is available from 334-6112-522-62.88
(General Construction Fund/Fire Station #4).
I. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
J. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an
Interlocal Agreement between the City and Palm Beach County for the design and
installation of pedestrian countdown signals at the intersections of northbound US 1
(Federal Highway) at East Atlantic Avenue and southbound US 1 (Federal Highway) at
East Atlantic Avenue. Funding is available from 334-3162-541-64.57 (General
Construction Fund/Pedestrian Countdown Signals).
K. PROPOSAL FOR HOLIDAY PROJECT/YOU ARE NOT ALONE
ORGANIZATION: Approve" the Holiday Project proposed by the You Are Not
Alone Organization as discussed at the October 10, 2006 Workshop and provide
funding up to $5,000.00 for mailing packages to armed service personnel. Funding is
available from 001-6311-562-99.99 (General Fund/Other Non-Operating).
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L. REVISION/HURRICANE HOUSING ASSISTANCE PLAN (HHAP):
Approve a technical revision to the Hurricane Housing Recovery (HHR) Program,
Hurricane Housing Assistance Plan (HHAP) for Fiscal Years 2005-2008.
M. REOUEST FOR PROPOSAL/SINGLE HEAD AND MULTI SPACE
METERING SYSTEMS: Approve the Request for Proposal (RFP) for the purchase,
installation, and maintenance of single head and multi space meters to convert the
existing metering system currently in place east of the Intracoastal Waterway.
N. ACCESS AGREEMENT/LION TELEVISION: Approve an access agreement
between the City of Delray Beach and Lion Television for access to the Police
Department and SWAT Unit for filming of the television show, SWAT USA.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 2, 2006 through October 13, 2006.
P. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Bermuda Landscape and Design, Inc. in the amount of $59,928.00
for tree and plant replacement and stump removal at the Tennis Center.
Funding is available from 001-4215-575-63.20 (General
Fund/Landscaping/Beautification).
2. Approve Requisition #128779 with RLS Lighting, Inc. in the amount of
$15,968.00 for the purchase of sixteen (16) aluminum litter containers with
fiberglass liner and lids. Funding is available from 433-3711-534-49.90
(Sanitation Fund/Other Current Charges/Obligations).
3. Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce
Manufacturing, Inc. in the amount of $424,599.00 for the purchase of one (1)
2007 Pierce Manufacturing, Inc. Pumper for the Fire Department. Funding is
available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment).
4. Purchase award to Hall-Mark Fire Apparatus of Ocala, Florida in the amount of
$208,184.47 via the Florida Sheriff's Association, Bid #05-06-0823 for one (1)
2007 Horton Rescue Transport Unit for the Fire Department. Funding is
available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment).
5. Purchase award to Sungard H.T.E., Inc. in the amount of $117,480.00 for the
purchase of H.T.E. Mobile Data Browser Software replacing the existing
Motorola Mobile Data Software. Funding is available from 334-6111-521-66.10
(General Construction Fund/Software).
Q. REFUND/JEAN LOUIS SAINT FORT AND JOSETTE SAINT FORT:
Approve a request to refund an escrow deposit of $5,000.00 to Jean Louis Saint Fort
and Josette Saint Fort for property located at 802 S.W. 3rd Street
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9. REGULAR AGENDA:
A.1. SERVICE AUTHORIZATION NO. 1.3/KIMLEY-HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 1.3 in the amount of
$197,085.00 to Kimley-Hom and Associates, Inc. for professional consulting services
related to the improvements of the City's Soccer Complex at the old Atlantic High
School site. Funding is available from 380-4150-572-63.49 (parks & Recreation Bond
Fund/Soccer Complex). (Motion to approve subject to a 90-day completion date; Approved,
5-0)
A. REOUEST FOR IN-LIEU PARKING SPACES/LEMONGRASS
RESTUARANT: Consider a request from Lemongrass Restaurant for the purchase of
two (2) in-lieu parking spaces in the amount of $31,200.00. Lemongrass Restaurant is
located at 420 East Adantic Avenue. (Quasi-Judicial Hearing) (Motion to approve
with three (3) added conditions; Approved, 4-1; Commissioner Ellis dissenting)
B. CONDITIONAL USE EXTENSION / AVENUE EAST (FKA GROVE
SQUARE): Consider an extension request for two (2) conditional use approvals which
allow a building height in excess of 48 feet (54' 3" Approved,) and residential units in
excess of 30 units per acre (38.2 du/ac Approved,) for Avenue East (fka Grove Square),
located at the northeast comer of S.E. ls1 Street and S.E. 2nd Avenue. (Quasi-Judicial
Hearing) (POSTPONED to November 7, 2006 Regular Commission Meeting)
C. SPECIAL EVENT REQUEST /RUN FOR MIRACLES/MILAGRO CENTER:
Consider approval and endorsement of the 1 sl Annual Run for Miracles sponsored by
the Milagro Center to be held on January 6, 2007 from 7:00 a.m. to approximately 9:00
a.m., to grant a 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.m. 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
Drive to A-l-A from 8:00 a.m. until approximately 10:00 a.m.
(Approved, 4-0. Commissioner Montague away from dais)
D. REOUEST TO WAIVE CHARGES/GARLIC FEST 2007: Consider a request
from Nancy Stewart to waive charges for the City services for the 2007 Garlic Fest
being held on February 16,2007 through February 18, 2007. Staff recommends denial.
(Motion to approve waiver in the amount of $8,350.00 for one year only; Approved, 4-1.
Commissioner Levinson dissenting. Commissioner Montague returned to dais)
E. REOUEST TO EXTEND CLOSING HOURS FOR SANDOWAY AND
MARRIOTT PARKING LOTS: Consider a request from Mark DeAdey to extend
the closing hours at the Sandoway and Marriott parking lots on October 20, 2006 and
on October 21, 2006 until 11:00 p.m. to accommodate Boston's on the Beach 27th
Anniversary Party. (Motion to approve subject to conditions; Approved, 5-0)
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F. POMPEY PARK- BUILDING EXPANSION PROJECT: Presentation and
discussion of options for implementation of the Pompey Park Building Expansion
Project. (Staff to proceed with advertising for waiver of bidding requirements)
G. SHUTTLE SERVICE MARKETING AND GRAPHICS PLAN: Presentation of
the Shutde Service Marketing and Graphics Plans for review and approval. (Consensus
of Commission to move forward with the Shuttle Service Marketing and Graphics Plan)
H. NAMING REQUEST /ROBERT FEDERSPIEL: Consider a request to name the
Southeast 1 st Avenue Parking Garage in honor of Robert "Bob" Federspiel. (Consensus
of Commission to proceed with naming the Southeast 1 st Avenue Parking Garage in honor of
Robert "Bob" Federspiel)
I. THIRD SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN AND
ROBERT DEIGNAN V. CITY: Consider a third Settlement Offer in the amount of
$2,500.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff recommends
Commission discretion. (Motion to approve settlement offer; Denied, 5-0)
J. RAILROAD INSURANCE/FLORIDA EAST COAST RAILROAD. LLC.
(FEC): Provide direction regarding railroad insurance coverage for the twelve (12)
railroad crossings and four (4) leased parcels adjacent to the FEC railroad tracts.
(Consensus of Commission to discuss insurance with Florida East Coast Railroad, LLC (FEC),
Metropolitan Planning Organization (MPO) and the Florida League of Cities)
K. AGREEMENT /NEWSLETTER PRODUCTION SERVICES/POLLACK
COMMUNICATION: Consider approval of a proposal for a one-year agreement
between the City and Pollack Communications for newsletter production services in the
amount of $8,200.00. Funding is available from 001-1316-512-34.90 (General
Fund/Other Contractual Services). (Approved, 5-0)
L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint four (4) regular members to the Neighborhood Advisory Council for Zone 3,
Zone 4, Zone 5 and Zone 6 to serve three (3) year terms ending October 31, 2009, one
(1) regular member for Zone 3 to serve an unexpired term ending October 31, 2007 and
one (1) At Large Representative to serve an unexpired term ending October 31, 2009.
Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat
#5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2), Commissioner
Levinson (Seat #3), Commissioner Montague (Seat #4) and Mayor Perlman (Seat #5).
(Appointed Shirl Fields and Approved, 5-0; Appointed Claudia Flores and Approved, 5-0;
Appointed Matthew Hartley and Approved, 5-0; Appointed Joseph Kamarata and Approved, 5-
0; Appointed Charles Stravino to serve an unexpired term and Approved, 5-0; and Appointed
Linda Leib to serve an unexpired term and Approved, 5-0)
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10. PUBLIC HEARINGS:
A. 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.
(Approved, 5-0)
B. RESOLUTION NO. 63-06/CONTRACT PURCHASE OF
PROPERTY /COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider
approval of Resolution No. 63-06 authorizing the City to purchase property from the
Delray Beach Community Redevelopment Agency (CRA) for the construction of the
Old School Square Parking Area, located west of Northeast 2nd Avenue and north of
East Adantic Avenue. (Approved, 4-0. Mayor Perlman filed Conflict of Interest, passed the
gavel to Vice Mayor Ellis and left dais)
C. RESOLUTION NO. 65-06/2006 COMPREHENSIVE PLAN EVALUATION
AND APPRAISAL REPORT: Consider approval of Resolution No. 65-06 adopting
the 2006 Comprehensive Plan Evaluation and Appraisal Report (EAR) and transmit the
adopted report to the State of Florida Department of Community Affairs. (Approved, 4-
O. Mayor Perlman away from dais)
D. ORDINANCE NO. 53-06: An ordinance amending Chapter 101, "Parks, Beaches,
and Recreation", of the City 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 hot air balloons, airplanes, jets and/or helicopters and
motor vehicles shall not be driven on the municipal beach except for authorized uses.
(Approved, 4-0. Mayor Perlman returned to dais and Commission Levinson away from dais)
E. ORDINANCE NO. 55-06: City 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. (Approved, 4-0. Commission Levinson away
from dais)
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. 60-06: Amending Section 10.99, "General Penalty," of the Code
of Ordinances by adding Civil Citations under Section 37.45 as an Enforcement method
adopted by the City. If passed, a public hearing will be scheduled for November 7,
2006. (Approved, 5-0)
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B. ORDINANCE NO. 61-06: Amending Section 52.03, "Use of Water from Hydrants,"
of the Code of Ordinances to provide for an increase in the security deposit for hydrant
meters and also provides for a nonrefundable installation/removal fee to cover the cost
of City employees installing and removing the hydrant meter. If passed, a public
hearing will be scheduled for November 7, 2006. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 13, 2006
****** Meeting adjourned at 9:33p.m. ******
10-17-2006
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