05-15-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
***AC; I~;NDr~ Rh.SUI_,"I'S***
RULES FOR PUBLIC PARTICIPATION
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
Tuesday, May 15, 2007 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
Regular Meeting 6.00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall 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 COMMI33ION: 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 PROCEDURE8
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 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax• (561) 243-3774 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 Revised information for Item 8.P., Proposed Budget
tiubmission/Children's Service Council (CSC)/Beacon Center At Village Academy; Additional
information for Item 9..-\., Appeal of the Historic Preservation Board's Decision/706 Southeast 2^~
Street and this item was postponed to the~une 4, 2007 Regular Commission Meeting; Item 9.C., Wavier
Request/Last Resort Saloon, was withdrawn due to a request from the applicant; Additional information
for ltem 9. K., ;Appointment to the Downtown Development t\uthority and Additional Information for
ltem 9.1 ,., :appointment to the Planning and Toning Board; Approved as amended,5-0)
5. APPROVAL OF MINUTES:
• May 1, 2007 -Regular Meeting (Approved, 5-0)
• May 8, 2007 -Special/Workshop Meeting (Approved, 5-0)
G. PROCLAMATIONS:
A. Recognizing Student Ambassadors: Lindsay Brandt, Whittaker Bullard, Jake
Gittelmacher, Tyler Kennedy, Joanna Luo, William O'Connor and Alice Wang
B. National Safe Boating Week -May 19 - 25, 2007
7. PRESENTATIONS:
A. Historic Preservation Board Awards Recognition
B. "Spotlight on Education" -Janet Meeks and Dr. Debbie Kaiser
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. REQUEST FOR SIDEWALK DEFERRAL/1202 CARISSA ROAD: Approve a
request to defer the installation of a sidewalk in front of 1202 Larissa Road.
B. CONTRACT CLOSEOUT (C.O. NO. 1)/REP & ASSOCIATES, INC.: Approve
a Contract Closeout (C. O. No. 1) in the amount of $5,322.00 to REP & Associates,
Inc. for the water damage remediation at Fire Stations No. 1, 2, 3 and 5. Funding is
available from 001-2311-522-46.10 (General Fund/Building Maintenance).
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C. SERVICE AUTHORIZATION NO. 04-13/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 04-13 in the amount of $69,611.00 to Mathews
Consulting, Inc. for the design of improvements along S.W. 2"d Avenue from S.W. ls`
Street to West Atlantic Avenue. Funding is available from 334-3162-541-65.87 (General
Construction Fund/S.W. 2"a Avenue/S.W. 15` Street/West Atlantic Avenue) and 448-
5461-538-65.87 (Stormwater Utility Fund/S.W. 2"d Avenue/S.W. 15` Street/West
Atlantic Avenue).
D. SERVICE AUTHORIZATION NO. 6/SPATIAL FOCUS~INC.: Approve
Service Authorization No. 6 to Spatial Focus, Inc. in the amount of $29,400.00 for
developing a plan to unify various utility data sets used in mapping and work order
processes for managing the City's utility services. Funding is available from 448-5411-
538-31.90 (Stormwater Utility Fund/Other Professional Services) and 442-5178-536-
63.51 (Water/Sewer Renewal and Replacement Fund/Sewer Mains).
E. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH
FLORIDA WATER MANAGEMENT DISTRICT {SFWMDI: Approve and
authorize the Mayor to execute an application for an alternative water supply (AWS)
grant from South Florida Water Management District (SFWMD) in the amount of
$480,000 (40% of the cost of construction) to provide supplemental funding for the
expansion of the Area 4 reclaimed water transmission system, which will extend the
reclaimed water irrigation service to the Del Aire Country Club.
F. AGREEMENT/NEW INNOVATIONS/SUMMER ENRICHMENT
PROGRAM: Approve an agreement between the Ciry and New Innovations for a
Summer Enrichment Program. Funding is available from 001-4105-572-34.90 (General
Fund/Other Contractual Services).
G. GRANT APPLICATION/PALM BEACH COUNTY INVASIVE
VEGETATION REMOVAL PUBLIC LANDS GRANT PROGRAM: Approve a
request to apply fora $50,000.00 matching grant from the Palm Beach County Public
Lands Grant Program for the removal of invasive non-native vegetation at Leon
Weekes Environmental Preserve.
H. BASELINE BUDGET SUBMISSION/CHILDREN'S SERVICES COUNCIL
OUT OF SCHOOL PROGRAM: Approve authorizing staff to submit the baseline
budget funding request for Fiscal Year 2007/2008 to the Children's Services Council of
Palm Beach County in the amount of $314,825.00 for the Out of School Program,
which includes After School, Holiday/Spring Camp, One Day Camps and Summer
Camp.
I. AMENDMENT NO 1/INTERLOCAL AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY (CRAI/REG ARCHITECTS, INC• Approve
Amendment No. 1 to the Interlocal Agreement between the Ciry and the Community
Redevelopment Agency (CRA) which provides that the Ciry shall agree to pay one half
(1 /2) of the cost to the CRA in an amount not to exceed $7,500.00 for additional work
to be performed by REG Architects, Inc. on the historic preservation guidelines. .
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J. ADDITIONAL FUNDING/HOMETOWN CONNECTION NEWSLETTER:
Approve and authorize additional funding in the amount of $3,500.00 to Pollock
Communications and in the amount of $13,700.00 to CM Graphics for the production
of the Hometown Connection Newsletter for the remainder of FY 2006-2007. Funding
is available from 001-1316-512-34.90 (General Fund/Other Contractual Services) and
001-1316-512-47.10 (General Fund/Printing/Binding Services).
K. SPECIAL EVENT REQUEST/4`~ OF iULY: Approve a special event request to
endorse the 4s' of July Celebration to be held from noon until 12:00 midnight, including
a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue
from the east side of N.E./S.E. 6'~ Avenue to Ocean Boulevard, and from the south
side of Thomas Street to the north side of Miramar on Ocean Boulevard; and to
authorize staff support for security, traffic control, barricading, signage, clean up and
trash removal, stage set up and use.
L. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award through the Community Development
Division in the amount of $31,484.25 to Ray Graeve & Sons Construction, LLC for 421
S.W. 15`'' Avenue. Funding is available from 118-1924-554-49.19 (Community
Development Fund/Housing Rehabilitation).
M. RESZUEST TO INCREASE HOUSING REHABILITATION GRANT
AMOUNT: Approve a request to increase the original grant amount of $30,303.00 to
$33,903.00 in order to address lead based paint abatement for one (1) Housing
Rehabilitation project, located at 704 SW 8~' Court. Funding is available from 118-
1963-554-49.19 (Community Development Fund/Housing Rehabilitation).
N. COMMUNITY DEVELOPMENT BLOCK GRANT fCDBGI SUB-
RECIPIENT FUNDING AGREEMENT/BLACKTIP REEF RESTAURANT:
Approve and authorize the execution of the funding agreement with sub-recipient,
Blacktip Reef Restaurant, under the 2006-2007 Community Development Block Grant
(CDBG) Program.
O. REQUEST TO AMEND THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBGI ANNUAL ACTION PLAN (FY 2006 - 2007): Approve a
request to amend the FY 2006-2007 Community Development Block Grant (CDBG)
Annual Action Plan to include $35,000.00 in funding Public Facilities and
Improvements in order to make necessary roof repairs to the Caring Kitchen facility.
P. PROPOSED BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL
~C~S ~)/BEACON CENTER AT VILLAGE ACADEMY: Approve authorizing
staff to submit the proposed budget funding request for Fiscal Year 2007/2008 to the
Children's Service Council of Palm Beach County in the amount of $827,149.00 for the
program and services associated with the Beacon Centex at Village Academy.
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS•
Accept the actions and decisions made by the Land Development Boards for the period
April 30, 2007 through May 11, 2007.
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R. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Delta Petroleum & Industrial, Inc. in the amount of
$20,979.00 for the purchase of four (4) fuel dispensers for the Public Works
Division and the Police Department fuel sites. Funding is available from 501-
3311-591-64.90 (Central Garage Fund/Other Machinery/Equipment).
2. Purchase award to Devland Site Development, Inc. in the amount of $98,000.00
for hauling and reusing the lime sludge from the Water Treatment Plant.
Funding is available from 441-5122-536-34.90 (Water/Sewer Fund/Other
Contractual Services).
3. Purchase award to E.H. Wachs Company in the amount of $39,500.00 for the
purchase of a new Trailer Mounted Hydraulic Valve Exerciser for the
Water/Sewer Network Division of Public Utilities. Funding is available from
441-5161-536-64.90 (Water/Sewer Fund/Other Machinery/Equipment).
4. Purchase award to M & W Distributing, Inc. in the amount of $21,597.00 for
the purchase of a Special Events Response Vehicle (BERN) with Advanced Life
Support (ALB) capabilities fox the Fire Department. Funding is available from
001-2315-526-64.90 (General Fund/Other Machinery/Equipment).
5. Purchase award to Zoll Medical Corporation in the amount of $25,184.00 for a
Zoll E Series Lead ECG Monitor/Defibrillator with pacing capabilities, SA02
monitoring, Wave form Capnography and Non-Invasive Blood Pressure
monitoring capabilities for the Fire Department. Funding is available from 001-
2315-526-64.90 (General Fund/Other Machinery/Equipment).
6. Purchase awards to Industrial Divers Corporation in the amount of $34,203.00
to perform the underwater installation of four (4) tideflex check valves at 345
SE 7t'' Avenue at the Intracoastal Waterway and Atlantic Avenue; and Mitchell
Valve Products in the amount of $28,298.00 for providing the tideflex check
valves. Funding is available from 448-5416-538-46.90 (Stormwater Utility
Fund/Other Repair/Maintenance Costs).
7. Bid award to ConServ Building Services in the amount of $78,852.00 for a three
(3) year contract for HVAC Chillers and Tracer Units for City Hall and the
Delray Beach Public Library. Funding is available from 001-3431-519-46.10
(General Fund/Building Maintenance).
9. REGULAR AGENDA:
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/706
SOUTHEAST 2ND STREET: Appeal of the Historic Preservation Board's decision
approving a Certificate of Appropriateness (COA) for construction of a new single-
family residence at 706 Southeast 2°d Street, located in the Marina Historic District.
(Quas1 JudiClal Heating) (POSTPONED until dze June 4, 2007 Regular Commission
Meeting)
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B. APPEAL OF THE PLANNING AND ZONING DIRECTOR'S
INTERPRETATION/PINEAPPLE GROVE WAY CORPORATE CENTER:
Consider an appeal of the Planning and Zoning Director's interpretation that a variance
is required to allow a generator greater than 4' 6" in the side street for the property
located at Pineapple Grove Corporate Center (101 N.E. 2°d Street). (Quasi Judicial
Heating) (Motion to approve Board Order as set forth; Approved, ~-0)
C. WAIVER REQUEST/LAST RESORT SALOON: Consider a request for waiver
of Land Development Regulations (LDR) Section 4.3.3(~(2)(a) "Prohibitions by
Frequenry", which requires a minimal separation of 750' from lot line to lot line for
stand alone bars for a bar at the Last Resort Saloon located at 4305 South Federal
Highway. (Quasi Judicial Hearing) (WITHDRAWN due to a request from the
applicant)
D. MA1tKETING/SELLING CITY RETAIL SPACES/OLD SCHOOL SQUARE
GARAGE: Presentations for three (3) proposals which include Coastal Commercial
Group, LLC, Bathurst Laymon Realty Group and Re/mar on the sale of the retail space
in the Old School Square garage. (Presentations given by Bathurst Laymon Realty Group,
Re/may and Coastal Commercial Group, LLC,)
E. SPECIAL EVENT REQUEST/BAHAMIAN CULTURAL FEST: Consider a
special event request to endorse the 1s` Bahamian Cultural Fest sponsored by Ebenezer
Wesleyan Methodist Church proposed to be held on Saturday, July 14, 2007 from 11:00
a.m. to 7:00 p.m., on the grounds of Old School Square; authorize staff support for
security, traffic control, barricading, trash removal and clean up and EMS assistance;
contingent upon sponsor providing a hold harmless agreement. (Motion to approve event
as requested by staff without EMS Assistance; Approved, 5-0)
F. SPECIAL EVENT REQUEST/INTERNATIONAL DISTANCE/
TRIATHLON: Consider a special event request for a new event, the "International
Distance Triathlon" sponsored by Exclusive Sports Marketing Inc. proposed to be held
on Saturday, July 21, 2007 from 5:00 a.m. to approximately noon, and to grant a
temporary use permit per LDR Section 2.4.6(F~ for the closure of Atlantic Avenue from
the west side of A-1-A to the east side of Salina from noon, Friday, July 20, 2007 to
approximately 5:00 p.m., Saturday, July 21, 2007 for the transition area; authorize staff
support for traffic control, barricading, and EMS assistance. Staff recommends denial.
(Motion to approve request; DENIED, 5-0)
G. CM AT RISK PRECONSTRUCTION SERVICES/FIRE STATION #4
REPLACEMENT PROTECT: Consider a recommendation to reject the
preconstruction services proposal by Catalfumo Construction and authorize staff to
proceed with adesign/bid/build construction delivery method for Fire Station #4
Replacement Project. (Motion to accept the Catalfumo Construction preconstruction services
proposal; DENIED, 5-0)
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H. CAPITAL IMPROVEMENT FINANCING ALTERNATIVES/SAN
MIRRORING SOLUTION: Consider a request to transfer $2,094,486.00 from the
Insurance Reserve Fund to the General Construction Fund to provide funding for the
construction of the new 3000 square feet Information Technology (IT) Building, City
Hall Renovations and the purchase of SAN Data Storage Package. (Motion to transfer
$44R,08C.0~ Eor the SAN Data Storage Package and defer the other items to the June 4, 2007
Regular Commission Meeting; Approved, 5-0)
I. DISCUSSION/FIRST REGULAR COMMISSION MEETING IN TUNE 2007:
Discussion regarding the rescheduling of the June 5, 2007 Regular Commission
meeting. (Consensus of Commission to change meeting date to Monday, June 4, 2007;
t\pproved, 5-0)
APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate
member to the Civil Service Board for an unexpired term ending July 1, 2008. Based
upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5).
(:\ppointed Diane Franco and approved, 5-0)
K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority for an
unexpired term ending July 1, 2009. Based upon the rotation system, the appointment
will be made by Commissioner Montague (Seat #4). (Appointed David Cook and
approved, ~-0)
L. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint
one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2008. Based upon the rotation system, the appointment will be made
by Mayor Ellis (Seat #5). (Appointed Cary Glickstein and approved, 5-0)
M. PALM BEACH/TREASURE COAST 2-1-1 FUNDING REOUEST: Consider a
request for funding in the amount of $5,000.00 from Palm Beach/Treasure Coast 2-1-1.
(Motion to approve request; DENIED, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 16-07: Future Land Use Map amendment (small-scale) from CC
(Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space)
and rezoning from CBD (Central Business District) in part and OSSHAD (Old School
Square Historic Arts District) in part to OSR (Open Space and Recreation) for a
proposed Urban Park adjacent to Old School Square, located approximately 180 feet
north of East Atlantic Avenue, between N.E. 15` Avenue and Pineapple Grove Way
(N.E. 2na Avenue). (Quasi Judicial Hearing) (Approved, 5-0)
B. ORDINANCE NO. 18-07: City-initiated amendment to the Land Development
Regulations (LDR), amending Section 6.1.2 "Streets and Alleys", Subsection 6.1.2(A),
"Improvement Obligations", to correct a reference to an LDR Section that has been
relocated elsewhere in the code. (Approved, 5-0)
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C. ORDINANCE NO. 19-07: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the Code of Ordinances of the City of
Delray Beach, Florida, by amending Section 33.687, "Early Retirement Incentive",
which allows the City to open early retirement windows for police or fire instead of
opening an early retirement window for both. (Approved, 5-0)
D. RESOLUTION NO. 34-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/PROPERTIES UNLIMITED GROUP, INC./COMMUNITY
REDEVELOPMENT AGENCY/INTERLOCAL AGREEMENT/144 SW 11~'
AVENUE: Consider approval of Resolution No. 34-07 authorizing the City to
purchase vacant property, located at 144 SW 11~` Avenue, which shall be used for the
construction of additional parking spaces for the Neighborhood Resource Center; and
approve Contract for Sale and Purchase between the City and the Properties Unlimited
Group, Inc. in the amount of $120,000.00; and approve an Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) providing that the
CRA shall fund the City purchase in the amount of $120,000.00 for the vacant property,
located at 144 SW 11~' Avenue. (iV'Iotion to approve Resolution No. 34-07, the Contract and
the Interlocal Agreement; 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. NONE.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MAY 7 7, 2007
*'~**** Meeting adjourned at 9:00 p.m. ~*****
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