02-20-07 Agenda Results Reg
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
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RULES FOR PUBLIC PARTICIPATION
Tuesday. February 20.2007
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
Delray 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 ~t 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 Item 6.C, Government Finance Officers Association -
Certificate of Achievement for Excellence in Financial Reporting was moved to Item 7.C under
Presentations and Item 9.N, Request for Qualifications (RFQ) Responses/Old School Square Cultural
Arts Center Expansion was added to the agenda by Addendum; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
· January 30, 2007 - Roundtable Meeting (Approved, 5-0)
· February 6, 2007 - Regular Meeting (Approved, 5-0)
· February 13,2007 - Special/Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing American Red Cross Month - March 2007
B. Recognizing and Commending Alpha Xi Delta Sorority and Sigma Phi Epsilon
Fraternity
C. Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
7. PRESENTATIONS:
A. Special Recognition Awards - Tom Murphy
B. International Tennis Tournament - Mark Baron
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. ACCEPTANCE OF RIGHT-OF-WAY DEED/214 SE 7th AVENUE: Approve
and accept a right-of-way deed for five feet (5') for SE 7th Avenue associated with the
development of 214 SE 7th Avenue, located on the west side of SE 7th Avenue between
SE 2nd Street and SE 3rd Street, within the Marina Historic District.
B. ACCEPTANCE OF RIGHT-OF-WAY DEED/1104 NASSAU STREET:
Approve and accept a right-of-way deed for 1104 Nassau Street.
C. REOUEST FOR SIDEWALK DEFERRAL/1104 NASSAU STREET: Approve a
request to defer the installation of a sidewalk for the Nassau Street and Gleason Street
frontage of 1104 Nassau Street.
02-20-2007
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D. REOUEST FOR SIDEWALK DEFERRAL/1248 SEASPRAY AVENUE:
Approve a request to defer the installation of a sidewalk in front of 1248 Seaspray
A venue.
E. ACCEPTANCE OF EASEMENT DEED/502 NORTH OCEAN
BOULEVARD: Approve and accept a proposed 12 foot sewer easement at 502 North
Ocean Boulevard.
F. LANDSCAPE MAINTENANCE AGREEMENT/SEAGATE BEACH CLUB:
Approve and accept a landscape maintenance agreement for landscaping to be located
within the Ocean Boulevard right-of-way located at the Seagate Beach Club.
G. TRI-PARTY PARKING AGREEMENT /SEAGATE BEACH CLUB: Approve
and accept a tri-party parking agreement between the City, the Seagate Beach Club and
the Seagate Residences, located at the southeast and southwest corners of Ocean
Boulevard and Casuarina Road.
H. CHANGE ORDER NO. l/FINAL (CONTRACT CLOSEOUT)/B.K.
MARINE CONSTRUCTION. INC.: Approve Change Order No. 1/Final
(Contract Closeout) in the amount of a $6,875.00 decrease and final payment in the
amount of $2,937.00 to B.K Marine Construction, Inc. for completion of the City
Marina & Veterans Park Dock Project. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Claims).
I. CHANGE ORDER NO. l/FINAL (CONTRACT CLOSEOUT)/WELLING
CONSTRUCTION. INC.: Approve Change Order No. 1/Final (Contract Closeout)
in the amount of a $6,186.80 decrease and final payment in the amount of $16,744.80
to Welling Construction, Inc. for the LaHacienda Gardens Park Project. Funding is
available from 334-4131-572-68.12 (General Construction Fund/Neighborhood Parks-
LaHacienda).
J. CHANGE ORDER NO. 3/DURACLEAN D/B/A THE PRINCIPLE GROUP.
LLC: Approve Change Order No.3 in the amount of $36,600.25 to Duraclean d/b/a
The Principle Group, LLC for additional water damage and microbial remediation at
the Municipal Golf Course Clubhouse. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Claims).
K SUPPLEMENT NO. 2/SERVICE AUTHORIZATION NO. 2/CH2M HILL,
INC. Approve Supplement No.2 to Service Authorization No.2 in the amount of
$27,300.00 to CH2M Hill, Inc. for limited construction administration services
regarding the Pompey Park Building Improvements. Funding is available from 380-
4150-572-62.61 (2004 G.O. Bond/Pompey Park Building Improvements).
02-20-2007
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L. BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENT
PROJECT /CHAZ EOUIPMENT COMPANY: Approve a construction contract
in the amount of $415,957.00 with Chaz Equipment Company for the construction of
the Block 64 Drainage and Water Main Improvements Project. The funding is available
from 442-5178-536-65.33 (Water/Sewer Renewal and Replacement Fund/Block 64
Improvements) and 448-5461-538-65.33 (Stormwater Utility Fund/Block 64
Improvements).
M. AMENDMENT NO. 2/CHRIS EVERT CHARITIES. INC. AGREEMENT:
Approve Amendment No. 2 to the agreement between the City and Chris Evert
Charities, Inc. to provide for the date of the Event (November 2-4, 2007) and the due
date for certain payments made by the City to Chris Evert Charities; and provide that
the City will not hold a major tennis event 30 days prior to or after the Chris Evert
Event.
N. TERMINATE CONTRACT FOR SALE AND PURCHASE/COMMUNITY
LAND TRUST. INC. /802 SW 3RD STREET: Approve an agreement to terminate
the contract for sale and purchase between the City and the Delray Beach Community
Land Trust, Inc. for the property located at 802 SW 3rd Street.
O. ACCEPTANCE OF COUNTY DEEDS/232 NW 8TH AVENUE/315 SW 3RD
STREET: Accept two (2) proposed county deeds between the City and Palm Beach
County for two (2) properties located at 232 NW 8th Avenue and 315 SW 3rd Street.
P. AGREEMENT/HATCHER CONSTRUCTION AND DEVELOPMENT,
INC.: Approve an agreement between the City and Hatcher Construction and
Development, Inc. in the amount of $16,535.00 for the renovations to the
Neighborhood Resource Center (NRC) Phase II located at 145 NW 12th Avenue.
Funding is available from 118-1965-554-63.42 (Community Development
Fund/Neighborhood Resource Center).
Q. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of
the funding agreement with The Center for Technology, Enterprise and Development,
Inc. (f.E.D. Center) under the Community Development Block Grant (CDBG)
program for FY 2006-2007 in partnership with the Community Redevelopment Agency
(CRA), with the total funding in the amount of $60,000.00 from various accounts within
the CDBG fund.
R. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
three Housing Rehabilitation grant/ contract awards through the Community
Development Division in the amount of $47,433.75 to Craftsman Plus, Inc. (501 SW 7th
Avenue and 113 SW 13th Avenue), and in the amount of $27,384.00 to South Florida
Construction Services, Inc. (1316 Prospect Street). Funding is available from 118-1963-
554-49.19 (Community Development Fund/Housing Rehabilitation).
02-20-2007
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S. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $17,094.00 to allow the applicant to secure new
financing.
T. SPECIAL EVENT REOUEST /EAST END VOLLEYBALL TOURNAMENT:
Approve a request from East End V olleybaU for the East End Volleyball Tournament
to be held at the municipal beach on March 24 and 25, 2007.
U. RATIFICATION OF THE OLD SCHOOL SOUARE BOARD OF
DIRECTORS FOR 2007: Approve and ratify the proposed slate of Directors for the
Old School Square Board for 2007.
V. RESOLUTION NO. 13-07/FIRST AMENDMENT AND
EXTENSION/MEMORANDUM OF AGREEMENT/SOUTH FLORIDA
URBAN SEARCH AND RESCUE TASK FORCE: Approve Resolution No. 13-07
and the First Amendment and Extension to the South Florida Urban Search and Rescue
Task Force Memorandum of Agreement for the City's continued participation in the
South Florida Urban Search and Rescue Task Force extending the time for expiration of
the original agreement from December 31, 2005 until Federal Emergency Management
Agency (FEMA) develops a new Memorandum of Agreement or until terminated by
any party upon thirty (30) days notice.
W. RESOLUTION NO. 15-07: Approve Resolution No. 15-07 declaring opposition to
House Bill 529 known as the "Consumer Choice Act of 2007", and urging the
Governor and the Palm Beach County Legislative Delegation to oppose the bill.
X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 5, 2007 through February 16, 2007.
y. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Americas Generators in the amount of $101,059.38 for the
purchase of a 565KW unit to replace the under capacity generator at the Police
Department. Funding is available from 334-6112-522-64.90 (General
Construction Fund/Other Machinery/Equipment).
2. Purchase award to Wesco Turf Supply, Inc. in the amount $15,698.09 for the
purchase of one (1) Model #30361 Toro Groundsmaster 7200 Heavy Duty
Zero Turn Mower with 72" Recycler Deck via the Florida State Contract #515-
630-06-1 for the Parks and Recreation Department. Funding is available from
001-4138-572-64.90 (General Fund/Other Machinery/Equipment).
02-20-2007
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9. REGULAR AGENDA:
A. WAIVER REQUEST/1248 SEASPRAY AVENUE: Consider a request for waiver
of Land Development Regulations (LDR) Section 4.1.4(C), "Use of Lots of Record",
regarding minimum lot dimension requirements for 1248 Seaspray Avenue. (Quasi-
Judicial Hearing) (Motion to adopt Board Order as presented; Approved, 5-0)
B. SPECIAL EVENT REOUEST /DELRAY AFFAIR: Consider approval of a special
event request from the Chamber of Commerce to endorse the 45th Delray Affair to be
held on April 13-15, 2007, contingent upon the staff recommended conditions, receipt
of a certificate of general liability insurance, liquor liability insurance, and a hold
harmless agreement. (Motion to approve recommendation including the flat rate fee of
$20,000.00; Approved, 5-0)
C. CM AT RISK CONTRACT/SOCCER COMPLEX/MILLER PARK
PROJECT /FIRE STATION #4 REPLACEMENT PROJECT: Consider
approval of the Review Committee's rankings of the Request For Proposals (RFP's) for
the Construction Manager (CM) At Risk Contract for construction of the Soccer
Complex/Miller Park and Fire Station #4 Replacement Project and authorize staff to
proceed with contract negotiations with the top ranked firms, The Weitz Company, for
the Soccer Complex/Miller Park Project and with Catalfumo Construction for the Fire
Station #4 Replacement Project. (Motion to accept ran kings and authorize staff to proceed
with contract negotiations with the \X1eitz Company and Catalfumo Construction; Approved, 5-
0)
D. CITY V. GOVERNMENT TECHNOLOGY RESOURCES. INC. AND
INNOPRISE SOFTWARE. INC.: Consider approval to file a voluntary dismissal,
with Government Technology Resources, Inc. (GTR) and Innoprise Software, Inc.
bearing its own attorney's fees and costs in this lawsuit. (rv1otion to file voluntary dismissal;
Approved, 5-0)
E. AGREEMENT/ALCALDE AND FAY: Consider approval of an agreement with
Alcalde and Fay for federal lobbying services. (Approved, 5-0)
F. AGREEMENT / ARTEMIS STRATEGIES: Consider approval of an agreement
with Artemis Strategies for federal lobbying services. (Approved, 5-0)
G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Fetzer (Seat #2). (Appointed Bernard Federgreen and approved 5-0)
H. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint one (1) regular member to the Board of Construction Appeals to serve a two
(2) year term ending August 31, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Montague (Seat #4). (Appointed Norman
Rosenblatt and approved 5-0)
02-20-2007
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I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to
serve an unexpired term ending July 1, 2009. Based upon the rotation system, the
appointment will be made by Commissioner Montague (Seat #4). (Appointed Veronica
Covington and approved 4-0; Mayor Perlman declared a Conflict of Interest, passed the gavel
to Vice-Mayor Ellis and left dais)
J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to serve an unexpired term ending July 31, 2007.
Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat
#5). (Appointed Catherine DeMatto and approved 5-0)
K. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board to serve an unexpired term
ending August 31, 2008. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5). (DEFERRED until March 5, 2007 Commission Meeting)
L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council to serve an
unexpired term ending October 31, 2008. Based upon the rotation system, the
appointment will be made by Commission Ellis (Seat #1). (Appointed Linda Prior and
approved 5-0)
M. REQUEST SAINT PAUL'S EPISCOPAL CHURCH/ TALLAHASSEE BOY'S
CHOIR CONCERT: Consider a request for the City to be a presenter of the
Tallahassee Boy's Choir Concert, assist in marketing and promoting the concert and
consider a cash contribution of no more than $2,500.00. The concert will held at Saint
Paul's Episcopal Church on February 25, 2007 at 4:00 p.m. (Motion to approve a cash
contribution of $5,000.00; Approved, 5-0)
N. REOUEST FOR OUALIFICATIONS (RFO) RESPONSES/OLD SCHOOL
SQUARE CULTURAL ARTS CENTER EXPANSION: Consider approval of the
Review Committee's rankings of the responses to the Request For Qualifications
(RFQ's) for professional consulting services for the Old School Square Cultural Arts
Center Expansion project; and authorize staff to proceed with contract negotiations
with the highest-ranked firm, Glatting Jackson Kercher Anglin, Inc. (Motion to approve
and accept rankings; and authorize staff to proceed with negotiations with Glatting Jackson
Kercher Anglin, Inc.; Approved 4-0. Commissioner Levinson declared a Conflict of Interest
and left dais)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) in part and
OS (Open Space) in part to MIC (Mixed Industrial and Commercial) for a 10.7 acre
property located along Depot Road north of the Old Train Station, between the CSX
Railroad and 1-95. (Quasi-Judicial Hearing) (Approved, 5-0)
02-20-2007
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B. ORDINANCE NO. 5-07 (SECOND READING/SECOND PUBLIC
HEARING): City initiated rezoning from MIC (Mixed Industrial and Commercial),
PCC (planned Commerce Center), POC (planned Office Center), PC (planned
Commercial), and CF (Community Facilities) to MROC (Mixed Residential Office and
Commercial) for the area bounded by West Adantic Avenue on the north, the C-15
canal to the south, 1-95 transportation corridor on the east and Congress Avenue on the
west together with the Congress Park, Congress Park South and the Office Depot
complexes, located just west of Congress Avenue. (Quasi-Judicial Hearing)
(Approved, 5-0)
C. ORDINANCE NO. 2-07: Privately initiated amendments to the Land Development
Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.9 "General
Provisions," to allow one (1) bedroom units in the Workforce Housing Program.
(Commissioner Levinson away from dais; Approved, 4-0)
D. ORDINANCE NO. 6-07 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) Section 4.4.13,
"Central Business (CBD) District," Subsection (F), "Development Standards," relating
to the Downtown Delray Beach Design Guidelines. If passed, a second public hearing
will be scheduled for March 5, 2007. (Commissioner Levinson return to dais; Approved, 5-0)
E. WAIVER OF BIDDING REQUIREMENTS/CITY HALL RENOVATION
PROJECT: Consider approval of waiving the requirements contained in Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances, for the City Hall
Interior Renovation Phase I Project. (Mayor Perlman declared a Conflict of Interest, passed
the gavel to Vice-Mayor Ellis and left dais; Approved, 4-0)
1. CONTRACT AWARD/BSA CORPORATION: Consider approval of a
contract award to BSA Corporation in the amount of $533,000.00 for the City
Hall Interior Renovation Phase I Project. Funding is available from 334-6112-
519-62.86 (General Construction Fund/City Hall/North Wing & Chambers).
(Motion to approve the contract award to BSA Corporation; Approved, 4-0)
F. RESOLUTION NO. 11-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /SCHOOL BOARD OF PALM BEACH COUNTY: Consider
approval of Resolution No. 11-07 authorizing the City to purchase an additional 1.18
acres of property, located at 2501 Seacrest Boulevard from the Palm Beach County
School Board; and approve the Contract for Sale and Purchase between the City and
School Board of Palm Beach County in the amount of $132,750.00. (Approved, 5-0)
1. AMENDMENT NO. 3/INTERLOCAL AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY: Approve Amendment No.3 to the
Interlocal Agreement between the City and the School Board of Palm Beach
County, for the Purchase and Construction of a Soccer Complex in order to
allow the City to purchase an additional 1.18 acres of property from the School
Board of Palm Beach County for construction of a Press Box Concession Stand.
(Approved, 5-0)
02-20-2007
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G. RESOLUTION NO. 12-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /JEAN LOUIS SAINT FORT AND JOSETTE SAINT FORT /802
SW 3RD STREET: Consider approval of Resolution No. 12-07 authorizing the City to
trans fer/ sell City owned property, located at 802 SW 3rd Street, to be utilized for
housing purposes as part of the Carver Square Relocation Project; and approve
Contract for Sale and Purchase between the City and Jean Louis Saint Fort and Josette
Saint Fort in the amount of $40,000.00. (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. 7-07: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the Code of Ordinances by amending
Section 33.66, "Finances and Fund Management"', revising investment provisions. If
passed, a second public hearing will be scheduled for March 5, 2007. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 16, 2007
****** Meeting adjourned at 8:36 p.m. ******
02-20-2007
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