11-21-06 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 21. 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
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 7.0, Creative City
Collaborative Presentation; Item 8.D, Change Order Nos. 3 & 4 (Contract Closeout)/Final
Payment/BSA Corporation/Delray Beach Public Library, was pulled from the agenda; Correction to
Item 8.P.3, Contract Award to Chaz Equipment Company, Inc., in the amount of $1,126,755.00; Item
8.Q, Amendment/Contract For Sale and Purchase Of Property/Delray Beach Community Land Trust,
Inc., was added to the Consent Agenda by addendum; additional information for Item 9.G,
Appointments to the Historic Preservation Board; additional information for Item 12.A, Ordinance No.
59-06; and Item 8.0, Review of Appealable Land Development Board Actions, was moved to Item
9.A.1 under the Regular Agenda; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. November 7,2006 - Regular Meeting (Approved, 5-0)
. November 14,2006 - Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. NONE
7. PRESENTATIONS:
A. Special Recognition Award - Vera R. Farrington
B. RESOLUTION NO. 68-06: Approve Resolution No. 68-06 recognizing Brahm
Dubin by naming the Dekay Beach Tennis Center Clubhouse, located at 201 West
Adantic Avenue, The Brahm Dubin Clubhouse. (Approved, 5-0)
C. RESOLUTION NO. 69-06: Approve Resolution No. 69-06 recognizing Robert
"Bob" Federspiel by naming the Southeast 1st Avenue Parking Garage, The Robert
"Bob" Federspiel Parking Garage. (Approved, 5-0)
D. Creative City Collaborative - Coletta and Company, Inc.
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. ACCEPTANCE OF EASEMENT DEED/LINTON DELRAY. LLC: Approve
and accept an easement deed between the City and Iinton Dekay, LLC, granting a
12'x15' easement in which a water line may be constructed to serve the new
McDonald's Restaurant being constructed on South Federal Highway at the comer of
the Plaza at Dekay Shopping Center.
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B. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT / ASSOCIATES ROOFING. INC.: Approve Change Order No.
1/Final (Contract Closeout) in the amount of $3,652.80 and final payment in the
amount of $59,752.70 to Associates Roofing, Inc. for completion of the Dekay Beach
Golf & Country Club Re-roofing Project. Funding is available from 551-1575-591-
45.50 (Business Insurance Fund/Property Claims).
C. CHANGE ORDER NO.1/HARDRIVES OF DELRAY. INC.: Approve Change
Order No. 1 in the amount of $40,000.00 to Hardrives of Dekay, Inc. for the
excavation, hauling and disposal of excess lime sludge from the overflow lagoon at the
Water Treatment Plant. Funding is available from 442-5178-536-46.90
(Water/Sewer/Renewal and Replacement Fund/Other Repair/Maintenance Costs).
D. CHANGE ORDER NOS. 3 & 4 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/BSA CORPORATION/DELRAY BEACH PUBLIC LIBRARY:
Approve Change Order No. 3/Final in the amount of $245,655.56, Change Order No.
4/Final in the amount of a $233,455.00 decrease and final payment in the amount of
$76,118.25 to BSA Corporation for the construction of the new Dekay Beach Public
Library; and approve a return of refund in the amount of $79,909.58 to the Dekay
Beach Public Library. Funding is available from 334-3552-571-62.10 (General
Construction Fund/Buildings). (PULLED)
E. SERVICE AUTHORIZATION 18.2/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 18.2 in the amount of
$37,500.00 to Currie Sowards Aguila Architects for the provision of professional
consulting services relative to the proposed Environmental Services Administration
Building at the ESD complex on Swinton Avenue. Funding is available from 441-5161-
536-62.32 (Water/Sewer Fund/ESD Building Expansion).
F. BUS SHELTER EASEMENT AGREEMENT/MCDONALD'S USA. LLC:
Approve a Bus Shelter Easement Agreement between Iinton Dekay, LLC, the City and
McDonald's USA, LLC, granting the City the right to place a bus shelter in front of the
new McDonald's restaurant located on South Federal Highway at the comer of the
Plaza at Dekay Shopping Center.
G. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /UDERITZ
SUBDIVISION: Authorize the City to act as the utility permit applicant for water
main work performed within the state right-of-way for Uderitz Subdivision, located at
502 North Ocean Boulevard and approve a hold harmless agreement with the developer
(Uderitz Subdivision).
H. AGREEMENT /FLORIDA DEPARTMENT OF TRANSPORATION
(FDOT)/FLORIDA EAST COAST RAILROAD (FEC): Approve an agreement
with Florida Department of Transportation (FD01) and Florida East Coast Railroad
(FEC) for the installation of upgraded Automatic Grade Crossing Signals Type III Class
III at S.E. 4th Street. The City will be responsible for 50% of the annual maintenance
cost in the amount of $1,573.00.
11-21-2006
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1. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
two Housing Rehabilitation grant/ contract awards through the Community
Development Division in the amount of $33,232.50 to South Florida Construction (701
S.W. 6th Street) and in the amount of $26,599.65 to Sun Band Builders (511 S.W. 6th
Avenue). Funding is available from 118-1924-554-49.19 (Community Development
Fund/State Housing Initiatives Partnership (SHIP)/Housing Rehabilitation).
J. EXTENDED WARRANTY /ZOLL MEDICAL CORPORATION: Approve a
one (1) year extended warranty in the amount of $17,255.00 to Zoll Medical
Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding
is available from 001-2315-526-46.20 (General Fund/Equipment Maintenance).
K. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/OLD SCHOOL
SQUARE PARKING GARAGE: Approve an Interlocal Agreement between the City
and Palm Beach County for funding in the amount of $1,000,000.00 for the
construction of the Old School Square Parking Garage.
L. AGREEMENT /LEGAL SERVICES/HEARING OFFICER: Approve an
agreement between the City and David W. Schmidt for the provision of legal services to
the City as a Hearing Officer.
M. RENEWAL OF AGREEMENT/BLACKHAWK SECURITY. INC.: Approve a
request to renew the agreement between the City and Blackhawk Security, Inc. in the
amount of $23,920.00 for an additional six months from October 1,2006 to March 31,
2007 for the security service at Pompey Park. Funding is available from 001-4127-572-
31.90 (General Fund/Other Professional Services).
N. RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE:
Approve and ratify the appointments of Maxx Benn and Cheryl McKeever to the Kids
and Cops Committee for unexpired terms ending November 30, 2007.
O. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
P. AWARD OF BIDS AND CONTRACTS:
1. Contract award to West Construction, Inc. in the amount of $2,965,930.86 for
the construction of the Environmental Services Administration Facility Project.
Funding is available from 334-6111-519-63.32 (General Construction
Fund/ESD Building Expansion) and 441-5161-536-62.32 (Water/Sewer
Fund/ESD Building Expansion).
2. Contract award to Chaz Equipment Company, Inc. in the amount of $49,971.00
for Rehabilitation of Lift Stations 36, 26A, 26B, 53A and 86. Funding is
available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement
Fund/Lift Station Rehabilitation).
11-21-2006
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3. Contract award to Chaz Equipment Company, Inc. in the amount of
$1,126,755.00 for construction of the Sea Sage Drive/Melaluca Road/Oleander
Road Infrastructure Improvements. Funding is available from 442-5178-536-
65.35 (Water/Sewer Renewal and Replacement Fund/Sea Sage Drive/Melaluca
Road/Oleander Road) and 448-5461-538-65.35 (Stormwater Utility Fund/Sea
Sage Drive/Melaluca Road/Oleander Road).
4. Contract award to Neil O'Neil Jr. Roofing in the amount of $29,050.00 for the
re-roofing of Lift Station #11 at the Boy Scout Park. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property Claims).
5. Purchase award to PFS Office Organization Solutions in the amount of
$23,720.71 via GSA Contract #GS-25F-0048M for the purchase of a Lektriever
2000 Vertical Carousel Records Storage System for the Police Department.
Funding is available from 115-2112-521-64.90 (Special Projects Fund/Other
Machinery /Equipment).
6. Purchase award to Show Turf in the amount of $42,469.00 via the Orange
County School Contract #02-03-11VH for the purchase of one (1) John Deere
3235C Lightweight Fairway Mower for the Dekay Beach Municipal Golf
Course. Funding is available from 445-4761-572-64.90 (Dekay Beach Municipal
Golf Course Fund/Machinery and Equipment).
7. Purchase award to Chemical Lime Company in an estimated amount of
$673,000.00 via the City of Boynton Beach Co-op Bid #064-2821-06/JA for the
purchase of bulk quicklime. Funding is available is available from 441-5122-
536-52.21 (Water/Sewer Fund/Chemicals).
8. Purchase award in the amount of $22,454.00 to Hoover Canvas Products Co.
for three (3) seat kills in sections CC, DD and FF located on the west side of the
tennis stadium. Funding is available from 551-1575-591-45.50 (Business
Insurance Fund/Property Claims).
9. Bid award to Gator Landscaping in an estimated amount of $33,834.00 for the
landscape maintenance of Homewood Boulevard, Iinton Boulevard and three
(3) medians on Military Trail. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund/Beautification Maintenance).
10. Bid award to Preferred Seating, Inc. in the amount of $172,755.55 for the
purchase of 1,793 19" Champion Stadium Seats with cup holders for the Dekay
Beach Tennis Stadium. Funding is available from 001-4210-575.63.90 (General
Funding/ Other Improvements).
9. REGULAR AGENDA:
A.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 6, 2006 through November 17, 2006. (First motion to appeal Historic
Preservation Board Item No. 2 to the December 5, 2006 Regular Commission Meeting,
Approved, 3-2. (Commissioner Levinson and Commissioner Montague dissenting); Second
motion to receive and fIle rest of the report, Approved, 5-0)
11-21-2006
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A. REOUEST FOR IN-LIEU PARKING SPACES/MELLOW MUSHROOM
(FKA VITTORIO'S) RESTUARANT: Consider a request from Mellow Mushroom
Restaurant for the purchase of seven (7) in-lieu parking spaces in the amount of
$109,200.00. Mellow Mushroom Restaurant is located at 25 Southeast 6th Avenue.
(Quasi-Judicial Hearing) (Motion to approve the Board Order approving the in-lieu
spaces; Approved, 5-0)
B. SPECIAL EVENT REOUEST /FIRST NIGHT 2007: Consider approval of a
special event request to endorse the 10th Annual First Night 2007 event on December
31,2006 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section
2.4.6(F) for the use and street closures of City rights-of-way and facilities as requested,
to authorize staff support for security and traffic control, signage construction and
installation, barricade set-up/removal, trash removal and clean up, EMS services, and
use/ set-up of City stages as needed at no charge. (Approved, 5-0)
C. BID AWARD/CUSTOM PROPERTY SERVICES: Consider approval of a bid
award to fourth lowest bidder, Custom Property Services, in the amount of $119,275.00 for
the annual maintenance contract for the 1-95 Interchanges, including Adantic Avenue,
Iinton Boulevard and the Overpass on S.W. 10th Street. Funding is available from 119-
4144-572-46.40 (Beautification Trust Fund/Beautification Maintenance). (Approved, 5-0)
D. DELRAY BEACH PUBLIC LIBRARY ASSOCIATION. INC.lBOARD
LIAISON: Provide direction regarding a representative from the City attending the
Dekay Beach Public Library meetings on the third Wednesday of each month.
(Consensus of the Commission for a staff member to serve as the Board Liaison)
E. SETTLEMENT OFFER/MEIJER V. SONOMA CAFE AND THE CITY:
Consider a setdement Offer in the amount of $3,500.00 in Meijer v. Sonoma Cafe and
the City. Staff recommendation is acceptance. (Approved, 5-0)
F. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) for
an unexpired term ending July 1, 2009. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3). (Appointed Angeleta
Gray and approved, 4-0. Mayor Perlman filed Conflict of Interest, passed the gavel to Vice
Mayor Ellis and left dais)
G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
two (2) regular members to the Historic Preservation Board to serve an unexpired term
ending August 31, 2007 and to serve an unexpired term ending August 31, 2008. Based
upon the rotation system, the appointment will be made by Commissioner Levinson
(Seat #3) and Commissioner Montague (Seat #4). (Appointed Kim French and approved,
5-0 and appointed Roger Cope and approved, 5-0)
11-21-2006
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 33-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to the Land Development Regulations (LDR) establishing a
new mixed-use zoning district Section 4.4.29 "MROC (Mixed Residential, Office and
Commercial) District", establishing minimum development standards through
modification of Section 4.3.4(K) "Development Standards Matrix"; and modification of
Section 4.6.9(C)(8)(a) "Shared Parking", which will allow the shared parking option for
the new zoning district. If passed, a second public hearing will be scheduled for
December 5, 2006. (Approved, 5-0)
B. ORDINANCE NO. 64-06: Privately initiated amendment to the Land Development
Regulations (LDR) 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. (Approved, 5-0)
C. ORDINANCE NO. 62-06: Amending Section 97.10 "Citrus Canker Control
Procedures" of the Code of Ordinances by repealing it in its entirety. (Approved, 5-0)
D. 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. (Approved, 5-0)
E. 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. (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. 59-06: Privately sponsored Future Land Use Map amendment
(small-scale) from CF (Community Facilities) to ill (Low Density Residential 0-5
du/ac) for a 9.00 acre portion of the Christ the King Monastery of St. Clare and
rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential). If
passed, a public hearing will be scheduled for December 5, 2006. (Approved, 5-0)
B. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for an 8.8 acres property located along Depot Road,
north of the Old Train Station, between the CSX Railroad and 1-95. (Approved, 4-0;
Commissioner Levinson away from dais)
11-21-2006
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C. ORDINANCE NO. 70-06: City initiated annexation and rezoning from County AR
(Agricultural Residential) to City RM-8 (Residential Medium Density 5-8 du/ac) for a
3.18 acres parcel located on the south side of 133rd Road "S", 640' west of Barwick
Road approximately 1,400 feet north of Lake Ida Road. (Approved, 5-0; Commissioner
Levinson returned to dais)
D. ORDINANCE NO. 72-06: An ordinance amending Chapter 100, "Nuisances" of the
Code of Ordinances by enacting a new Section 100.10, "Individually Designated
Historic Structures and Structures in Historic Districts," to prohibit neglect of
Individually Designated Historic Structures and Structures in Historic Districts and to
provide enforcement to help prevent deterioration of the same. If passed, a public
hearing will be scheduled for December 5, 2006. (Approved, 5-0)
E. ORDINANCE NO. 74-06: City initiated amendment to the Land Development
Regulations (LDR) Chapter 8, "Special Implementation Programs" by enacting a new
Section 8.6 "Proportionate Fair-Share Program". If passed, a public hearing will be
scheduled for December 5, 2006. Adoption of this Ordinance is required by State Law.
(Approved, 5-0)
F. ORDINANCE NO. 73-06: An ordinance amending Chapter 59, "Reclaimed Water",
of the Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges", to
adjust the wholesale customer rate. If passed, a public hearing will be scheduled for
December 5, 2006. (Approved, 5-0)
G. ORDINANCE NO. 75-06: An ordinance amending Chapter 35, "Employee Policies
and Benefits", of the Code of Ordinances by amending Section 35.097, "Retirement
Income; Basis, Amount, and Payment", and Subsection 35.097 (M), "Early Retirement
Incentive", to provide for changed eligibility timing. If passed, a public hearing will be
scheduled for December 5, 2006. (Approved, 5-0)
H. ORDINANCE NO. 65-06: An ordinance amending Ordinance No. 34-06 of the
Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (Q), "Civil Penalties", by removing the reference to Section
98.08, "Litter In Parks", amending the penalty amount for dogs on the beach and
skateboarding and adding a new penalty for ''Vehicles On The Beach" and "Garbage,
Sewage, and Other Waste Materials". If passed, a public hearing will be scheduled for
December 5, 2006. (Approved, 5-0)
11-21-2006
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1. ORDINANCE NO. 66-06: An ordinance repealing Section 98.09, "Litter In Parks"
and amending Chapter 101, "Parks, Beaches and Recreation, General Provisions", of
the Code of Ordinances by amending Section 101.17, "Garbage, Sewage, and Other
Waste Materials", to read "Garbage, Trash, Litter, Sewage, and Other Waste Materials",
by amending Subsection 101.17 (a), to strengthen prohibitions on littering on the
municipal beach, recreational facilities and public parks; and by enacting a new
Subsection 101.36, "Additional Rules Applying to City Parks, Recreation Facilities and
the Municipal Beach", to provide for additional rules which includes a prohibition on
smoking in certain areas of the beach, that can be enforced by issuing civil citations in
addition to other remedies. If passed, a public hearing will be scheduled for December
5, 2006. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 17, 2006
****** Meeting adjourned at 8:16 p.m. ******
11-21-2006
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