07-10-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
***1~GFNDA RESULTS***
RULE$ 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,,iruly 10, 2007 and the right to limit discussion rests with the Commission. Generally, remarks
by as 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. ADDREiSSING 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 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 fox meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Revised Funding Information for Item 8.E, Motorola
Service Agreement and Revised language for Item 8.K, Grant Award/Edward Byrne Memorial Justice
Assistance Grant QAG) for FY 2007; Approved as amended,5-0)
APPROVAL OF MINUTES:
June 19, 2007 -Regular Meeting (Approved, 5-0)
G. PROCLAMATIONS:
A. NONE
PRESENTATIONS:
A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/ASPHALT
CONSULTANTS~INC.: Approve a Contract Closeout (C. O. No. 2/Final) in the
amount of a $50,094.75 decrease and final payment in the amount of $33,578.47 to
Asphalt Consultants, Inc. for completion of the Chatelaine Subdivision and NE 14~'
Street Traffic Calming Projects. Funding is available from 334-6130-541-63.89 (General
Construction Fund/Neighborhood Enhancement).
B. SERVICE AUTHORIZATION NO. 04-04/KIMLEY-HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 04-04 in the amount of
$34,100.00 to Kin~ley-Horn and Associates, Inc. for additional professional consulting
services required for all work associated with modifying the construction documents
related to the Seacrest Soccer Complex Project (formally called Atlantic Soccer
Complex). Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer
Complex.
C. RETECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS WEST
PARKING LOT PROJECT: Approve a request to reject all bids received for the
Delray Beach Swim and Tennis Center West Parking Lot Project due to the apparent
low bidder, Landmark Construction, not following addendum number 1; and the
second bidder, West Construction, Inc. mobilization pay item exceeds more than 5% of
the contract price.
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D. RESOLUTION NO. 40-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/SUNSHINE PARK MAINTENANCE
MEMORANDUM OF AGREEMENT (MMOA~ Approve and adopt Resolution
No. 40-07 authorizing execution of a Maintenance Memorandum of Agreement
(MMOA) with the Florida Department of Transportation (FDOT) for maintenance of
the landscaping along the east side of the I-95 (SR 9) wall abutting Sunshine Park,
subject to the addition of language stating that the City shall indemnify FDOT in
amounts not the exceed those set forth in Florida Statute 768.28.
E. MOTOROLA SERVICE AGREEMENT: Approve a service agreement between
the City and Motorola in the amount of $120,319.32 providing that Motorola will
service the City's portable radios and the equipment used for the City's dispatch system.
Funding is available from various departmental accounts.
F. CONSULTING AGREEMENTJBRIDGES, MARSH & ASSOCIATES, INC
Approve a consulting agreement between the City and Bridges, Marsh & Associates,
Inc. in an amount not to exceed $20,500.00 to provide design, bid and inspection
services for the replacement of the Tennis Stadium box seats. Funding to come from
the City Manager's Contingency Fund.
G. AMFNI)MFNT NO 3/CLINICAL SERVICE UNIT AGREEMENT/DR
RANDALL L. WOLFF: Approve Amendment No. 3 to the Clinical Service Unit
Agreement between the City and Dr. Randall L. Wolff for the renewal of the same for
an additional three (3) years.
H, iNTFRi (~(`Ai A[;RF.EMENT/SOLID WASTE AUTHORITY (SWAT PALM
BEACH COUNTY/DISASTER DEBRIS MANAGEMENT• Approve an
interlocal agreement between the City and Solid Waste Authority (SWA) of Palm Beach
County allowing the City to dispose of disaster debris at the Solid Waste Authority
debris management sites provided it complies with the requirements of the SWA.
RESOLUTION NO. 38-07: Approve Resolution No. 38-07 setting a public hearing
date for August 21, 2007 regarding the establishment of the SW 8`s Avenue Special
Assessment District.
RECREATION ASSISTANCE GRANT./PAYMENT/DELRAY BEACH FILM
FESTIVAL: Approve a grant agreement between the City and Palm Beach County in
the amount of $6,000.00 to help offset the rental costs at Old School Square for the
Dekay Beach Film Festival 2007; and authorize payment in an amount not to exceed
$6,000.00 for the Old School Square rental invoice.
K. GRANT AWARD/EDWARD BYRNE MEMORIAL.JUSTICE ASSISTANCE
GRANT (j~G) FOR FY 2007: Recommend approval of the application for the
Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $60,576.00
which will provide funding for the Police Department's Holiday Task Force Overtime.
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L. AGREEMENT/HAYWOOD CONSTRUCTION/AMERICAN LEGION
HALL/CARING KITCHEN RE-ROOFING PROJECT• Approve rescinding the
original bid award in the amount of $16,900.00 from Cordoba Construction; and
authorize the approval of an agreement between the City, American Legion Hall and
Haywood Construction (lowest responsive bidder) in the amount of $18,250.00 for the
re-roofing project at 196 NW 8`s Avenue (Caring Kitchen). The City shall pay
Haywood Construction in the amount of $18,500.00 for the re-roofing project.
Funding is available from 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
M. AMFNDMENT TO SOUTH PALM BEACH COUNTY PUBLIC SAFETY
['OMMUNICATIONS COOPERATIVE/PALM BEACH COUNTY
AGREEMENT: Approve an amendment to the interlocal agreement between the
South Palm Beach County Public Safety Communications Cooperative and Palm Beach
County for use of a portion of the County's 800 MHz Trunked Radio System (Smart
Zone Controller). The City will agree to continue to pay Palm Beach County in the sum
of $836.66 per month, which enables the City to use the Smart Zone Controller.
Funding is available from 001-2111-521-46.20 (General Fund/Equipment
Maintenance).
N. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2007-2:
Formally initiate Comprehensive Plan Amendment 2007-2 pursuant to Section 9.2.1 of
the Land Development Regulations.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 18, 2007 through July 6, 2007.
P. AWA_R OF BIDS AND CONTRACTS:
1. Bid award to Complete Property Services in an annual estimated cost of
$18,755.00 for the landscape maintenance of South Federal Highway and
Congress Avenue. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund/Beautification Maintenance).
2. Contract award to Chaz Equipment Company, Inc., in the amount of
$16,500.00 for the emergency repairs to Lift Station 58-A, located in the Spanish
Wells Subdivision. Funding is available from 442-5178-536-68.15 (Water/Sewer
Renewal and Replacement Fund/Lift Station Rehabilitation).
3. Purchase award to Stokes Mechanical Contractor, Inc., in the amount of
$47,100.00 for the purchase of a rooftop air conditioning system for the Police
Department. Funding is available from 334-6112-522-64.90 (General
Construction Fund/Other Machinery/Equipment).
4. Purchase award to Jade Communications Incorporated in the amount of
$46,623.10 for the purchase of cabling for the new ESD building. Funding is
available from 441-5111-536-62.45 (Water/Sewer Fund/Data Cabling).
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5. Purchase award to Duval Ford in the amount of $22,290.00 for one (1) 2007
Ford F-250 SD 4x2 Pick-Up Truck for the Parks Maintenance Division and to
Alan Jay Import Center in the amount of $23,552.00 for one (1) 2007 Toyota
Prius Hybrid for Community Improvement via the Florida Sheriff's Association
Contract #06-14-0821. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
6. Purchase award to Sensus Metering Systems in the amount of $90,000.00 for the
purchase of seven-hundred (700) additional radio-read transceivers for the City's
water meters and radio-read upgrades. Funding is available from 442-5178-536-
52.31 (Water/Sewer Renewal and Replacement Fund/Water Meter Replacement
Under $750).
9. REGULAR AGENDA:
A. WAIVER REOUEST/321 PINEAPPLE GROVE WAY• Consider a waiver request
to the Land Development Regulations (LDR) Section 4.6.8(B)(3)(c), "Illumination
Levels and Uniformity", which allows an illumination of up to 4-foot candles within the
parking area; LDR Section 4.6.14(A)(1), "Visibility at Intersections", which requires a
20-foot visibility triangle at the intersection of an accessway and the public right-of--way
line; and LDR Section 4.6.16(H)(3)(a), "New Multiple Family, Commercial, and
Industrial Development", which requires a 5-foot perimeter landscape strip along the
alley for St. George Suites, located on the east side of Pineapple Grove Way and 410
feet south of NE 4`h Street (321 Pineapple Grove Way). (Quasi Judicial Heating)
(Motion to adopt Board Order as presented; Approved, 5-0 )
B. ~ZUEST FOR WAIVER/NEW URBAN COMMUNITIES: Consider a request
for waiver of Land Development Regulations (LDR), Section 4.6.7(J)(2), governing off-
premise signs from Tim Hernandez, owner of New Urban Communities and the
developer of the CODA Project located in the 100 block of SW 151 Avenue and SW 2"d
Avenue. (Quasi Judlctal Hearing) (Motion to adopt Board Order as presented;
Approved, 5-0 )
C. AMENDMENT TO LEASE AGREEMENT/PIONEER BOYS
ASSOCIATION: Consider a revision to the lease agreement between the City and
Pioneer Boys Association, Inc. changing the description of the leased property and
revising Paragraph 7 to require only the participants insurance as provided through the
National Boy Scouts of America. (Consensus of the Commission to revise the lease
agreement with Pioneer Boys Association, Inc.)
D. SPECIAL EVENT REOUEST/SPADY LIVING HERITAGE DAY: Consider
approval of a special event request to endorse the 2"d Annual Spady Heritage Day to be
held on September 22, 2007 from 10:00 a.m. to 10:00 p.m., to grant a temporary use
permit per LDR Section 2.4.6(F) for the closure of NW 5`s Avenue from Martin Luther
King Blvd to NW 1S1 Street, and authorize staff support for security, clean up,
barricading, set up/use of the new large mobile stage with event signage no earlier than
ten (10) days prior to the event; contingent upon receipt of certificate of liability
insurance, a hold harmless agreement and full payment of stage rental cost. (Approved,
5-0; subject to staff recommendations)
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E. BUDGET PRESENTATION FOR FY 2008: Presentation regarding the FY 2008
Budget.
F. FIRE STATION NO. 4/DEMOLITION: Provide direction regarding demolition
of the recently vacated Fire Station No. 4 building. (Motion to demolish Fire Station No. 4
building; Approved 4-1; Commissioner Eliopoulos dissenting)
G. SEACREST SOCCER COMPLEX PRECONSTRUCTION SERVICES
PROPOSAL/THE WEITZ COMPANY: Consider a request to approve and
authorize the preconstruction services for the Seacrest Soccer Complex (formally called
Atlantic Soccer Complex) proposal and related agreement associated with the
Construction Management at Risk Service contract. The scope of services is listed in
Article 2.1 of the agreement and the total fee for this phase is $25,012.00. This
represents approximately 0.75% of the current estimated project construction cost of
$3,300,000. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer
Complex. (Motion to POSTPONE Items 9.G and 9.H until the July 24, 2007 Regular
Commission Meeting; Approved, S-0)
H. MILLER PARK PRECONSTRUCTION SERVICES PROPOSAL/THE
WEITZ COMPANY: Consider a request to approve and authorize the
preconstruction services for the Miller Park proposal and related agreement associated
with the Construction Management at Risk Service contract. The scope of services is
listed in Article 2.1 of the agreement and the total fee for this phase is $30,345.00. This
represents approximately 0.06% of the current estimated project construction cost of
$5,500,000. Funding is available from 380-4150-572-63.32 (2004 G.O.
Bond/Neighborhood Parks). (POSTPONED until the July 24, 2007 Regular Commission
Meeting)
I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY•
Appoint one (1) regular member to the Delray Beach Housing Authority for an
unexpired term ending July 14, 2010. Based upon the rotation system, the appointment
will be made by Commissioner Montague (Seat #4). (Appointed Sylvia Morris and
approved, 5-0)
J. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT
FUND COMMITTEE: Appoint one (1) regular member to the General Employees
Retirement Fund Committee to serve an indefinite term. Based upon the rotation
system, the appointment will be made by Commissioner Montague (Seat #4).
(Appointed Evan Turk and approved, 5-0)
K. APPOINTMENT TO THE PALM BEACH COUNTY HOMELESS
ADVISORY BOARD: Consider approval of the appointment of Mayor Ellis to the
Palm Beach County Homeless Advisory Board and the appointment of Commssioner
Montague as the alternate to the Board. (Motion to appoint Mayor Ellis to the board with
Commissioner Montague as the alternate; Approved, 5-0)
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L. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of
Cities' 8151 Annual Conference to be held at the Marriott World Center in Orlando,
Florida on August 16 - 18, 2007. (Motion to appoint Commissioner Fetzer as the voting
delegate; approved, 5-0)
10. PUBLIC HEARINGS:
A. NONE
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. 23-07: City initiated text amendment to the Land Development
Regulations (LDR) Section 4.6.9(E)(3), "In Lieu Fee", and Section 4.6.9(E)(4) "Public
Parking Fee", establishing an expiration period and clarifying the payment amount due.
If passed, a public hearing will be scheduled for July 24, 2007. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 6, 2007
******Meeting adjourned at 8.•06p.m. ******
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