11-07-06 Agenda Results Reg
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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.
Tuesday. November 7. 2006
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
Dekay 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 revised information for Item 8.Q.10, Contract
Award/Advanced Data Processing, Inc. and information for Item 9.H., Agreement/Head Start;
Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. October 17, 2006 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Thomas E. Lynch
7. PRESENTATIONS:
A. City of Delray Beach Residents' Academy Certificates - Janet Meeks
B. Delray Beach Jaycees Fishing Touroament/Delray Citizens for Delray Police - Officer
Jeffery Messer and Chris Reich
C. Carolyn Gholston - Multi-Cultural Festival
8. CONSENT AGENDA: City Manager Recommends Approval. (Approve as amended, 4-0;
Commissioner Levinson away from dais)
A. ACCEPTANCE OF RIGHT-OF-WAY DEED/120 NORTH SWINTON
AVENUE: Approve and accept a right-of-way deed associated with the development
of 120 North Swinton Avenue, located on the west side of North Swinton Avenue
between N.E. 1st Street and N.E. 2nd Street, within the OSSHAD (Old School Square
Historic Arts District).
B. RESOLUTION NO. 64-06 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/118% SOUTHEAST 7TH AVENUE): Approve a tax
exemption request for eligible improvements to 118% Southeast 7th Avenue, located in
the Marina Historic District; and approve Resolution No. 64-06.
C. RESOLUTION NO. 71-06: Approve Resolution No. 71-06 assessing costs for
abatement action required to remove nuisances on ten (10) properties throughout the
City.
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D. CHANGE ORDER NO.1 (CONTRACT ADDITION)/CHAZ EQUIPMENT
COMPANY. INC.: Approve Change Order No.1 (Contract Addition) in the amount
of $60,550.00 to Chaz Equipment Company, Inc. for modifications to the sodded swale;
and additional modifications to the asphalt trench restoration, as requested by Florida
Department of Transportation (FD01), for the A-I-A Water Main Improvements
Project. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal and
Replacement Fund/State Road AlA, E. Atlantic/Pelican).
E. CHANGE ORDER NO.3 (CONTRACT ADDITION)/CHAZ EQUIPMENT
COMPANY. INC.: Approve Change Order No.3 (Contract Addition) in the amount
of $58,110.00 to Chaz Equipment Company, Inc. for an additional water main
extension and additional work required for the Old School Square utility relocates
associated with the S.E./N.E. 1st Street One Way Project. Funding is available from
442-5178-536-65.88 (Water/Sewer Renewal & Replacement Fund/Other
Improvements/S.E./N.E. 1st Street One Way Pair) and 442-5178-536-63.29
(Water/Sewer Renewal & Replacement Fund/Improvements Other/OSS Sanitary
Sewer).
F. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/JOHNSON-DAVIS. INC.: Approve Change Order No. l/Final
(Contract Closeout) in the amount of a $68,274.95 decrease and final payment in the
amount of $106,328.05 to Johnson-Davis, Inc. for the completion of the Lake Worth
Drainage District (LWDD) L-33 Canal Box Culvert Extension Project. Funding is
available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks).
G. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ROSSO PAVING & DRAINAGE/INTRACOASTAL PARK
PROJECT: Approve Change Order No. l/Final (Contract Closeout) in the amount of
$17,462.12 and final payment in the amount of $28,311.06 to Rosso Paving & Drainage,
Inc. for completion of the US 1 Turn Lane at Intracoastal Park Project. Funding is
available from 334-4174-572-68.10 (General Construction Fund/Intracoastal Park US 1
Turn Lane).
H. SERVICE AUTHORIZATION 14.2/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 14.2 in the amount of
$17,105.00 to Currie Sowards Aguila Architects for additional services required for the
repair of the existing sea wall associated with the Intracoastal Park, Florida Inland
Navigational District (F.I.N.D.) Project. Funding is available from 334-4174-572-63.90
(General Construction Fund/Other Improvements).
I. SERVICE AUTHORIZATION NO. 3.1 /KIMLEY-HORN: Approve Service
Authorization No. 3.1 in the amount of $358,193.00 to Kimley-Hom and Associates,
Inc. for professional consulting services required for the proposed redevelopment of
the Miller Park playing fields and appurtenances. Funding is available from 380-4150-
572-63.23 (parks & Recreation Bond Fund/Neighborhood Parks).
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J. SANDOWAY PARKING LOT/COMMUNITY CHILD CARE CENTER
FUNDRAISER: Approve a request from the Community Child Care Center for the
exclusive use of the Sandoway Parking Lot on February 21, 2007 to accommodate their
annual "Foundation of Friends Luncheon" and waive the enforcement of parking meter
fees for that day.
K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award through the Community Development
Division in the amount of $34,125.00 to M & A Builders, LLC. (609 S.W. 8th Avenue).
Funding is available from 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
L. RESOLUTION NO. 70-06/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LANDSCAPE IMPROVEMENTS: Approve a
Memorandum of Agreement (MOA) with the Florida Department of Transportation
(FD01) for landscape improvements on A-I-A between Linton Boulevard and George
Bush Boulevard; and approve Resolution No. 70-06.
M. RELEASE AND TERMINATION OF EASEMENT/CRAIGE FURNITURE
COMPANY: Approve a Release and Termination of Easement with Craige Furniture
Company for the public ingress, egress and parking, dated December 12, 1995.
N. SPECIAL EVENT REQUEST /HOLIDAY PAGEANT PARADE: Approve and
endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation
Department and the Chamber of Commerce to be held on December 9, 2006 beginning
at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F)
for the closure and use of Atlantic A venue from Gleason Street and Andrews Avenue
to N.W. 1st Avenue; Miramar and Lowery for parade set up from approximately 4:00
p.m. to 6:00 p.m.; and authorize staff support for traffic control and security, EMS
assistance, barricade set-up/removal, trash removal/clean up, and processing of the
FDOT permit.
O. SPECIAL EVENT REOUEST/ HOLIDAY TREE LIGHTING/ART & JAZZ
ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art &
Jazz on the Avenue scheduled for November 30, 2006 from 5:00 p.m. to 10:00 p.m.;
granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton Avenue to N.E. 7th Avenue, S.E. 7th Avenue from the north side
of Brisca Atlantica property to the north side of the Brisca Atlantica parking lot
entrance, the alley north of Atlantic Avenue between N.E. 2nd Avenue and Railroad
Way, Railroad Way from Atlantic to the alley just north of Atlantic, N.E. 2nd Avenue
from Atlantic Avenue to the alley and the Tennis Center parking lot; and authorize staff
support for security and traffic control, banner hanging/removal, barricade set-
up/removal, trash removal, clean up assistance, and use/set up of City Stages.
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 16, 2006 through November 3, 2006.
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Q. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Sports Turf One, Inc. in the amount of $15,960.00 for
improvements to Pompey Park Ball fields 2 and 3. Funding is available is
available from 001-4131-572-34.90 (General Fund/Other Contractual Services).
2. Purchase award to Wesco Turf Supply, Inc. in the amount of $16,258.97 via the
Florida State Contract #515-630-06-1 for the purchase of one (1) Toro
Groundmaster 7200 mower with a protection plus warranty for the ESD Utility
Maintenance Division. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment).
3. Purchase award to Poolsure in the amount of $53,265.30 for the purchase and
delivery of Sodium Hypochlorite. Funding is available from 441-5123-536-
52.21 (Water/Sewer Fund/Chemicals).
4. Purchase award to Otto Waste Systems in the amount of $150,000.00 for the
purchase of hot stamped garbage carts with lids and wheels. Funding is
available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and
Replacement).
5. Purchase award to PVS Technologies in an estimated amount of $105,000.00
for the purchase and delivery of Liquid Ferric Chloride for the Water Treatment
Plant for the period of October 1, 2006 to March 31, 2007. Funding is available
from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
6. Purchase award to Praxair Inc. in an estimated cost of $66,000.00 for the
purchase and delivery of Liquid Carbon Dioxide (Co2) for the Water Treatment
Plant. Funding is available from 441-5122-536.52.21 (Water/Sewer
Fund/Chemicals).
7. Purchase award to Duval Ford in the amount of $34,951.00 via the Florida
Sheriffs Association Contract #06-14-0821 for one (1) 2007 Ford F-350 Pickup
Truck 4X2 for the Utility Maintenance Division. Funding is available from 441-
5161-536-64.20 (Water/Sewer Fund/Automotive).
8. Purchase award to Duval Ford in the total amount of $268,697.00 via the
Florida Sheriffs' Association Contract #06-14-0821 for the purchase of eleven
(11) new take home police vehicles. Funding is available from 001-2117-521-
64.20 (General Fund/Automotive), 001-2119-521-64.20 (General
Fund/ Automotive) and 001-2121-521-64.20 (General Fund/Automotive).
9. Lease agreement with Ikon Office Solutions in the amount of $17,847.36 over a
three (3) year term via the Miami-Dade Contract #114DDll for the lease of a
Ricoh Aficio MP5500 Digital Copier for the Police Department. Funding is
available from 001-2113-521-44.30 (General Fund/Equipment).
10. Contract award to Advanced Data Processing, Inc. in the amount of $87,000.00
for outsourcing the EMS billing for FY 2006 - 2007. Funding is available from
001-2311-522-34.90 (General Fund/Other Contractual Services).
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9. REGULAR AGENDA:
A. CONDITIONAL USE EXTENSION REQUEST / A VENUE EAST (FKA
GROVE SOUARE): 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. 1st Street and S.E. 2nd
A venue. (Quasi-Judicial Hearing) (Motion to approve the Board Order denying the
extension requests; Approved, 5-0. Commissioner Levinson returned to dais)
B. WAIVER REQUEST/WESTERN/SENIOR COMMUNITY CENTER:
Consider a request for waiver of Land Development Regulations (LDR) Section
4.6.9(D)(3)(a)[Driveway Width] and Section 4.6.9(D)(3)(c)(1)[Stacking Distance]
associated with the Class V Site Plan for the Western/Senior Community Center
located at the northwest comer of Congress Avenue and Lake Ida Road. (Quasi-
Judicial Hearing) (Motion to adopt the Board Order approving the waivers; Approved, 5-0)
C. REQUEST FOR IN-LIEU PARKING SPACES/ATLANTIC COFFEE AND
TEA: Consider a request from Atlantic Coffee and Tea for the purchase of two (2) in-
lieu parking spaces in the amount of $31,200.00. Atlantic Coffee and Tea is located in
the Atlantic Antique Mall at 504 East Atlantic Avenue. (Quasi-Judicial Hearing)
(Motion to adopt the Board Order; Approved, 5-0)
D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the
rehabilitation of 133 N.W. 5th Avenue. Funding is available from 118-1932-554-83.06
(Community Development Fund/ (HHRP) Hurricane Housing Recovery Program).
(Approved, 4-0; Mayor Perhnan flied Conflict of Interest, passed the gavel to Vice Mayor Ellis
and left dais)
E. AGREEMENT /FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D):
Consider approval of a project agreement between the City and Florida Inland
Navigation District (F.I.N.D.) for a grant in the amount of $688,420.00 for the
Intracoastal Park (MSA 650) Project. (Approved, 5-0. Mayor Perhnan returned to dais)
F. RESOLUTION NO. 66-06: Consider approval of Resolution No. 66-06 authorizing
the issuance of Water and Sewer Bonds (Series 2006B) in the aggregated amount of
$2,350,000.00 and authorizing the sale of such bonds to Sun Trust Bank at a rate of
3.98% for a term of 15 years. (Motion to approve Resolution No. 66-06; Approved, 5-0)
G. DECORATIVE STREET LIGHTS ALONG PUBLIC BEACH/SR AtA
(LINTON BOULEVARD TO GEORGE BUSH BOULEVARD): Consider
approval of the installation of Lumec Domus Series DMS50 luminaries as the
decorative street lights along the public beach on SR AlA (Linton Boulevard to George
Bush Boulevard). (Consensus of the Commission to install the Lumec Domus Series DMS50
luminaries)
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H. AGREEMENT /HEAD START: Consider conceptual approval of terms of Lease
Purchase Agreement with Palm Beach County for Delray Beach Head Start. (Motion to
approve the concept as outlined in Audrey Wolf's letter; Approved, 5-0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 67-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Consider approval of Resolution No. 67-06 authorizing the City to transfer/sell three
(3) City owned properties, located at 802 S.W. 3rd Street, 1012 N.E. 3rd Avenue and 119
S.W. 9th Avenue, to be utilized for affordable housing purposes; and approve Contract
for Sale and Purchase between the City and the Delray Beach Community Land Trust,
Inc. in the amount of $30.00. (Approved, 5-0)
B. WAIVER OF BIDDING REOUIREMENTS/POMPEY PARK EXPANSION
PROJECT: Consider approval of waiving the requirements contained in Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances, for the Pompey
Park Expansion Project. (Approved, 5-0)
1. CONTRACT AWARD/RANDOLPH AND DEWDNEY
CONSTRUCTION. INC.: Consider approval of a contract award to
Randolph and Dewdney Construction, Inc. in the amount of $1,166,884.60 for
the Pompey Park Community Center Improvements Project. Funding is
available from 380-4150-572-62.61 (2004 G.O. Bond/Pompey Park Expansion).
(Approved, 5-0)
C. 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. (Approved, 5-0)
D. 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 to also provide for a nonrefundable installation/removal fee to cover the
cost of City employees installing and removing the hydrant meter. (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.
12. FIRST READINGS:
A. ORDINANCE NO. 62-06: Amending Section 97.10 "Citrus Canker Control
Procedures" of the Code of Ordinances by repealing it in its entirety. If passed, a public
hearing will be scheduled for November 21, 2006. (Approved, 5-0)
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B. ORDINANCE NO. 63-06: Amending Chapter 110, "Occupational licenses
Generally", by re-naming "Occupational licenses" to "Local Business Tax Receipts", in
accordance with recent state law changes. If passed, a public hearing will be scheduled
for November 21,2006. (Approved, 5-0)
C. ORDINANCE NO. 64-06: Privately initiated amendment to the Land Development
Regulations Section 4.3.4(H)(6)(a) to eliminate the requirement for a building setback of
64 feet along N.E. 4th Street/Lake Ida Road between Swinton Avenue and N.E. 6th
Avenue. If passed, a public hearing will be scheduled for November 21, 2006.
(Approved, 5-0)
D. ORDINANCE NO. 67-06: Amending Section 99.04, "Loud and Unnecessary Noises
and Enumerated; Exemptions", Subsection 99.04(A)(6), "Construction" of the Code of
Ordinances to clarify the time that this subsection applies in Single Family Zoning
Districts. If passed, a public hearing will be scheduled for November 21, 2006.
(Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 3, 2006
****** Meeting adjourned at 7:46 p.m. ******
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