02-17-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, February 17, 2004
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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
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.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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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.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
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.
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 Randolph at 243-
7127, 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.
2.
3.
4.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Commissioner McCarthy requested Items 8.E, Community Development
Block Grant Sub-recipient Funding Agreement and 8.G, Service Authorization No. 19/Mathews
Consulting, Inc. be moved to the regular agenda as items 9.I and 9.J; additional information for Item
10.E, Ordinance No. 9-04; Approved as amended, 5-0).
APPROVAL OF MINUTES:
February 3, 2004 - Regular Meeting (Approved, 5-0)
February 10, 2004 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing Black History Month - February 2004
PRESENTATIONS:
Model of New Library -John J. Callahan III
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
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COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT APPROVAL/
BEXLEY PARK: Approve the subdivision plat for Bexley Park, a 264 unit residential
development, located north of Lake Ida Road, between Military Trail and Barwick
Road.
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ACCEPTANCE OF EASEMENT DEED/ENDRES OFFICE BUILDING:
Approve and accept an easement deed from Jude A. Endres for the maintenance of a
sidewalk, located at 137 N.W. 1st Avenue.
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RESOLUTION NO. ll-04/TRANSFER OF PROPERTY: Approve Resolution
No. 11-04 which transfers property located just southeast of Salina Avenue and Atlantic
Avenue to Boston's Inc. to continue to be utilized for parking.
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CONTRACT ADDITION/AQUIFER MAINTENANCE AND
PERFORMANCE SYSTEMS, INC.: Approve contract addition to the Well
Rehabilitation and Replacement Project in the amount of $40,000.00 to Aquifer
Maintenance and Performance Systems, Inc. for additional production well
rehabilitation services due to unexpected well/pump failures. Funding is available from
442-5178-536-61.82 (Well Rehabilitation/Replacement).
E. MOVED TO REGULAR AGENDA AS ITEM 9.I
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02-17-2004
EXTENSION/PARKING LICENSE AGREEMENTS: Approve an extension to
the current parking license agreements through April 30, 2004.
MOVED TO REGULAR AGENDA AS ITEM 9,J
HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through Community Development
Division in the amount of $21,939.75 to South Florida Construction (820 S.W. 5~h
Avenue) and $22,863.75 to South Florida Construction (241 N.W. 7h Avenue).
Funding is available from 118-1924-554-49.19 (Community Development/SHiP
Grant/Housing Rehabilitation).
PURCHASE ORDER INCREASE/FERRIC CHLORIDE: Approve an increase
of $12,000.00 to blanket purchase order #615040 to cover payments for Ferric Chloride
delivery for November and December, 2003. Funding is available from 441-5122-536-
52.21 (Water/Sewer Fund/Chemicals).
PURCHASE ORDER INCREASE/POOL HEATER: Approve an increase of
$16,406.60 to purchase order #617399 for an additional pool heater to be installed at
Pompey Park Pool. Funding is available from 334-6112-519-46.10 (General
Construction Fund/Building Maintenance).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 2, 2004 through February 13, 2004.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Duval Ford in the amount of $33,545.00 via the Florida
Association of Counties Bid #25 for the purchase of one (1) 2004 Ford F550
Crew Cab and Chassis Community Service Vehicle to provide improved
deployment capability for equipment and supplies needed to assist residents
following fires and other destructive incidents. Funding is available from 001-
2315-526-64.20 (General Fund/Automotive) and 115-0000-248-64.00 (Special
Projects Fund/Fire Rescue).
Purchase award to Vermeer Southeast Sales & Service, Inc. in the amount of
$26,800.00 for the purchase of a TS44A Tree Spade for the Parks and
Recreation Department. Funding is available from 119-4144-572-64.90
(Beautification Trust Fund/Machinery/Equipment).
Purchase award to Mike Davidson Ford in the amount of $16,479.00 via the
Florida Sheriff's Association Contract, Florida Association of Counties
Contract, and Florida Fire Chief's Association Contract #03-11-0825,
Specification #14 for the purchase of a 2004 Ford E-150 Club Wagon for the
Fire DeparUnent. Funding is available from 001-2315-526-64.20 (General
Fund/Automotive).
02-17-2004
Purchase award to Hector Turf in the amount of $38,424.97 via the General
Service Administration (GSA) Contract #GS-07F-8722D for the purchase of
two (2) Toro Greensmaster 3100 Tractor Units for the Municipal Golf Course.
Funding is available from 446-4761-572-64.90 (Lakeview Golf Course
Fund/Other Machinery/Equipment) and 445-4761-572-64.90 (Municipal Golf
Course Fund/Other Machinery/Equipment).
Contract award to Engineered Environments, Inc. in the amount of $104,704.00
for the Lifeguard Towers Phase II project. Funding is available from 334-6112-
519-62.14 (General Construction Fund/Lifeguard Towers) and 115-0000-248-
80.00 (Special Projects Fund).
Contract award to Randolph and Dewdney Construction, Inc. in the amount of
$80,596.45 for construction of a cemetery restroom/storage building at the
Municipal Cemetery. Funding is available from 334-6111-519-62.10 (General
Construction Fund/Buildings).
RESOLUTION NO. 14-04: Approve Resolution No. 14-04 opposing the proposed
constitutional amendment which requires referenda for adoption and amendment of
local government Comprehensive Land Use Plans.
REGULAR AGENDA:
MACARTHUR FOUNDATION GRANT/REVISED BUDGET: Consider
approval of the revised consulting contract between the City and JEG & Associates,
revised budget, tasks, and the implementation strategy and authorize submission to the
MacArthur Foundation. (Approved, 5-0)
B. RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR
2004: Consider approval and ratification of the proposed slate of Directors for the
Sister Cities Committee for 2004. (Motion to approve ratification of the Sister Cities Board
of Directors, except John Bennett; Mayor passed the gavel; Approved, 3-2; Commissioner
McCarthy and Commissioner Archer dissenting)
PARKING MANAGEMENT ADVISORY BOARD (PMAB):
of a modification to the Parking Management Advisory Board
regarding achieving a quorum. (Approved, 5-0)
Consider approval
(PMAB) by-laws
DAVIS CUP TIE: Discuss hosting the 2004 Davis Cup Tie to be held April 9-11,
2004. (Motion to proceed; Approved, 5-0)
REQUEST FOR FINANCIAL SUPPORT/S.D. SPADY ADVANCED
CHORUS: Consider a request for financial support to send the S.D. Spady Advanced
Chorus to New York to perform at Carnegie Hall. (Motion to approve request for
financial support in the amount of $2,500.00; Approved, 5-0)
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02-17-2004
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PURCHASE AWARD/C.K.'S SECURITY SYSTEM: Consider approval of a
purchase award to C.K.'s Security System in the amount of $44,188.00 for security
upgrades at the Police DeparUnent to meet the Florida Law Enforcement Accreditation.
Funding is available from 115-2128-521-64.90 (Special Projects/Other
Machinery/Equipment) and 001-2111-521-64.90 (General Fund/Other
Machinery/Equipment). (Motion to approve second lowest bidder, C.K.'s Security System;
Approved, 5-0)
APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION
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COMMITTEE: Appoint five (5) members to the Public Arts Implementation
Committee for a term ending June 30, 2004. Based on the rotation system, the
appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer
(Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and
Mayor Perlman (Seat #5). (Appointed Diane Allerdyce and approved, 5-0; appointed Sharon
Koskoff and approved, 5-0; appointed Seabron Smith and approved, 5-0; appointed Juliana
Steele and approved, 5-0; appointed Sarah Wilkinson and approved, 5-0)
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
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Appoint one (1) member to the Neighborhood Advisory Council for an unexpired term
ending October 31, 2004 for Zone One. Based on the rotation system, the
appointment will be made by Commissioner McCarthy (Seat #4). (Mayor Perlman passed
the gavel. Appointed Frances Chassen and approved, 4-1; Commissioner Levinson dissenting)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of
a funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater
Palm Beaches, Inc.) under the Community Development Block Grant (CDBG)
program for FY 2003-2004, with the total funding in the amount of [g3,000.00. Funding
is available from 118-1961-554-49.17 (CDBG Promotion of Fair Housing). (Approved,
5-o)
SERVICE AUTHORIZATION NO. 19/MATHEWS CONSULTING, INC.:
10.
Approve Service Authorization No. 19 to Mathews Consulting, Inc. in the amount of
[g74,445.00 for design of water main upgrades and associated improvements to SW 11~h
Avenue, S.W. 12~h Avenue, and S.W. 3~d Street. Funding is available from 442-5178-536-
65.97 (Water/Sewer Renewal/Replacement Fund/Other Improvements/S.W. 12~h Ave.,
S.W. 11~h Ave. and S.W. 3~*~ St.). (Approved, 5-0)
PUBLIC HEARINGS:
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ORDINANCE NO. 10-04: An ordinance rezoning from POC (Planned Office
Center) to RM-9 (Medium Density Residential-9 dwelling units per acre) for a 5.04 acre
parcel of land to be known as Atlantic Palms located on the south side of West Atlantic
Avenue, approximately 140 feet east of Whatley Road. (Quasi-JudiciM Hearing)
(Approved, 5-0)
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ORDINANCE NO. 8-04: An ordinance amending the Land Development
Regulations, enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire-Rescue
Department Fees". (Approved, 5-0)
02-17-2004
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ORDINANCE NO. 11-04: An ordinance providing for the adoption and
enforcement of the minimum State Fire Code together with local amendments
recommended by the Fire Deparn~nent. (Approved, 5-0)
ORDINANCE NO. 13-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations proposing a four month
moratorium on Adult Arcade Establishments. If passed, a quasi-iudicial public hearing
will be scheduled for March 11, 2004. (Approved, 5-0)
ORDINANCE NO. 9-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section
4.4.17, RO (Residential Office District), Subsection 4.4.17(B)(2) regarding duplex
structures. (Approved, 5-0)
ORDINANCE NO. 12-04: An ordinance amending Ordinance No. 20-03, that
adopted Comprehensive Plan Amendment 2003-02, regarding compliance with the
Florida Department of Community Affairs (DCA) Objections, Recommendations and
Comments (ORC) report. (Approved, 5-0)
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.
FIRST READINGS:
ORDINANCE NO. 16-04: An ordinance amending Chapter 35, "Employees Policies
and Benefits", Section 35.097, "Retirement Income; Basis Amount and Payment", to
provide additional optional forms of benefit. If passed, a public hearing will be
scheduled for March 11, 2004. (Approved, 5-0)
ORDINANCE NO. 17-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Pensions, Section 33.60, "Definitions", clarifying the definition of
earnings to include certain educational supplemental incentive payments and to exclude
certification and other payments. If passed, a public hearing will be scheduled for
March 11, 2004. (Approved, 4-0; Commissioner Levinson left dais)
ORDINANCE NO. 18-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced
multiplier benefit option for the Police and Fire Pension Plan. If passed, a public
hearing will be scheduled for March 11, 2004. (Approved, 5-0; Commissioner Levinson
returned to dais )
ORDINANCE NO. 19-04: An ordinance amending Chapter 36, "Finance; City
Property Transactions", Section 36.11, "Definitions", to provide for definitions
regarding design-build contracts. If passed, a public hearing will be scheduled for
March 11, 2004. (Approved, 5-0)
02-17-2004
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 13, 2004
02-17-2004