08-03-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, August 3, 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.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted that Item 8.J.1, Contract award to PGAL/Eliopoulos, was
pulled from the agenda; Item 8.J.4, Contract award to BSA Corporation, was added to the Consent
Agenda by addendum; Item 9.J, 2004-2005 Florida Department of Children and Families Block Grant
for Prevention and Treatment of Substance Abuse Funding Agreement/Community Child Care Center,
was pulled from the agenda; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· July 20, 2004 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
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Recognizing and commending Division Chief Rob Moreland - Palm Beach County
Chapter of the Emergency Medical Services (EMS) Provider's Association Lifetime
Achievement Award
Recognizing and commending Paramedic Jeff Harkcom - Palm Beach County
Chapter of the Emergency Medical Services (EMS) Provider's Association Paramedic of
the Year for 2004
Recognizing and commending Oleg Rudenko
Recognizing Betty Jameson Day
City of Delray Beach Fire Fighter Appreciation Week - August 29 - September 4, 2004
PRESENTATIONS:
· American Legion Milton Myers, Post 65 - Scott Schley
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
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TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treaunent and Disposal Board at
their Quarter Annual Meeting of July 15, 2004.
FINAL BOUNDARY PLAT APPROVAL/BELLA VISTA PLAT: Approve the
boundary plat for Bella Vista, located on the west side of Gleason Street, south of East
Atlantic Avenue.
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C. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND ACCESS
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AGREEMENT/329 PINEAPPLE GROVE WAY: Approve and accept a right-of-
way deed and access agreement associated with 329 Pineapple Grove Way, located on
the east side of Pineapple Grove Way (N.E. 2~ Avenue) between N.E. 3~ Street and
N.E. Th Street, within the Pineapple Grove Main Street Area.
DISASTER RECOVERY CONTRACTS: Approve contracts between the City and
Phillips and Jordan, Inc.; DRC, Inc.; and D&J Enterprises, Inc. for disaster recovery
services.
CODE ENFORCEMENT BOARD RULES: Approve revised General Rules of
Procedure for the Code Enforcement Board as adopted by that board on May 25, 2004.
APPRAISAL FOR CITY PARCEL: Approve a request to have an appraisal
performed on a parcel owned by the City, located at the northeast corner of S.E. Th
Street and S.E. 1st Avenue, for the potential sale of the parcel.
AMENDMENT/COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SUB-RECIPIENT FUNDING AGREEMENT/COMMUNITY CHILD CARE
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CENTER: Approve an amendment to the Community Development Block Grant
(CDBG) Subrecipient agreement between the City and the Community Child Care
Center to increase the 2003-2004 CDBG funding amount from $22,000.00 to
$30,000.00 to implement substance abuse prevention services. Funding is available
from 118-1966-554-83.01 (Community Development/Other Grants and Aids).
AGREEMENT/D.R. HORTON, INC./BEXLEY PARK: Approve an agreement
between the City and D.R. Horton, Inc. for additional infrastructure requested by the
City associated with the Bexley Park Project.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 19, 2004 through July 30, 2004.
AWARD OF BIDS AND CONTRACTS:
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Contract award to PGAL/Eliopoulos in the amount of $120,500.00 for
professional consulting services for preliminary planning activities for the
proposed Old School Square Cultural Arts Center Parking Garage Project.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks &
Recreation/Old School Square). (PULLED)
Purchase award to Pierce Manufacturing/Ten-8 Fire Equipment, Inc. in the
amount of $447,875.00 via the Lake County Bid ;099-150 for a Pierce
Manufacturing, Inc. pumper-ladder fire suppression unit with a 61 foot "Sky
Boom" rescue ladder/water tower assembly. Funding is available from 501-
3312-591-64.20 (Central Garage Fund/Automotive).
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Purchase award to Pro-Am Safety, Inc. in the amount of $27,490.95 for the
purchase of twenty-five (25) integrated Personal Alert Safety System (PASS) for
the Scott Aviation Self-Contained Breathing Apparatus (SCBA) used by the Fire
Department. Funding is available from 334-6112-519-64.90 (General
Construction Fund/Other Machinery/Equipment).
Contract award to BSA Corporation in the amount of $7,096,278.00 and
Change Order No. 1 in the amount of $43,946.00 for a total cost of
$7,140,224.00 for the construction of the new Delray Beach Public Library.
Funding is available from 334-3552-571-62.10 (General Construction
Fund/Buildings).
REGULAR AGENDA:
CONDITIONAL USE REQUEST/LINDELL SQUARE: Consider a request for
conditional use approval to allow for a proposed mixed-use development containing
114 residential units (15.99 dwelling units per acre) and 23,000 square feet of
commercial floor area for Lindell Square, located at the northwest corner of Federal
Highway and Lindell Boulevard. (Quasi-Judicial Hearing) (Motion to approve subject
to staff recommendations; Approved, 5-0)
CONDITIONAL USE REQUEST/CITYWALK AT PINEAPPLE GROVE:
Consider a request for conditional use approval to allow for a building height up to 57'
5" for a non-habitable roof appurtenance and 50' 2" for the mansard roof features for
Citywalk at Pineapple Grove (a.k.a. Pineapple Grove Building), located at the northwest
corner of Pineapple Grove Way and N.E. 2~ Street. (Quasi-Judicial Hearing)
(Motion to approve subject to staff recommendations; Approved, 4-0; Commissioner Costin
filed Conflict of Interest and left dais)
CONDITIONAL USE REQUEST/JESSICA LINEHAN: Consider a request for
conditional use approval to allow utilization of the business and the residential unit to
parties that are not the owner, proprietor, or employee of the business, for the Jessica
Linehan property, a proposed mixed-use (residential/office) development, located on
the east side of N.W. 1st Avenue, approximately 193 feet north of N.W. 1st Street.
(Quasi-Judicial Hearing) (Motion to approve subject to staff recommendations;
Approved, 4-0; Commissioner McCarthy filed Conflict of Interest and left dais; Commissioner
Costin returned to dais)
WAIVER REQUEST/DELRAY PARK OF COMMERCE: Consider a waiver
request to waive Land Development Regulations (LDR) Section 4.4.18(B)(4), "Service
Industry", for Lot 3, Tract "K", Delray Park of Commerce, pursuant to LDR Section
2.4.7(B)(5), "Findings", to allow the floor area for a light industrial use in the Service
Industry land use component to exceed the 5,000 square foot limitation. (Quasi-
Judicial Hearing) (Approved, 5-0; Commissioner McCarthy returned to dais)
E. REQUEST FOR IN-LIEU PARKING SPACES/SHORE RESTAURANT:
Consider a request from Shore Restaurant for the purchase of two (2) in-lieu parking
spaces in the amount of $28,000.00. Shore Restaurant is located at 6 South Ocean
Boulevard. (Quasi-Judicial Hearing) (Approved, 5-0)
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F. REQUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN YELLOW
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BUILDING: Consider a request from Handelsman Yellow Building (a.k.a. the Blank
House) for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00.
The Blank House is located at 85 S.E. 6~h Avenue. (Quasi-JudieiM Hearing) Motion
to approve the purchase of two (2) in-lieu parking spaces with seven (7) spaces to be provided
on-site as illustrated in Exhibit A; Approved, 5-0)
PUBLIC COMMENTS/FY 2005 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2005 Proposed Budget at this time.
FIRE-RESCUE/COUNTYWIDE LEVEL OF SERVICE RESOLUTIONS:
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Consider adopting a resolution committing to comply with minimum level of service
standards for Fire-Rescue services.
RESOLUTION NO. 60-04-A: Consider approval of Resolution No. 60-04-A
committing to comply with minimum level of service standards for Fire/Rescue
services which meets the County's demand. (Motion to approve Resolution No.
60-04-A; Approved, 3-2; Commissioner Costin and Commissioner Archer dissenting)
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RESOLUTION NO. 60-04-B: Consider approval of Resolution No. 60-04-B
committing to comply with minimum level of service standards for Fire/Rescue
services which contains changes not authorized by the County's most recent
decision.
AMENDMENT NO. 2/MATCH POINT, INC.: Consider approval of
Amendment No. 2 to the amended and restated agreement between the City and Match
Point, Inc. to allow Match Point to seek funds from Palm Beach County. (Approved, 5-
0)
2004-2005 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
BLOCK GRANT FOR PREVENTION AND TREATMENT OF SUBSTANCE
ABUSE FUNDING AGREEMENT/COMMUNITY CHILD CARE CENTER:
Consider approval of an agreement between the City and the Community Child Care
Center in the amount of $162,637.00 for the provision of substance abuse prevention
services. (PULLED)
REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL
FESTIVAL, INC.: Consider approval of a request via the Downtown Development
Authority to advance funding in the amount of $15,000, which will be reimbursed to the
City through a Palm Beach County grant, to the Roots Cultural Festival, Inc. for their
event to be held August 6-8, 2004. Funding is available from 001-6111-519-99.03
(Manager's Contingency Fund). (Approved, 5-0)
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REVISED MEMORANDUM OF AGREEMENT/CHILDREN'S SERVICES
COUNCIL (CSC) AND REVISED SUBCONTRACT/CHILDREN CASE
MANAGEMENT ORGANIZATION: Consider approval of a Revised
Memorandum of Agreement between the City of Delray Beach and Children's Services
Council (CSC) and a Revised Subcontract between the City and the Children Case
Management Organization (CCMO) in the revised amount not to exceed $165,000.00 in
support of the Beacon Center Services at Village Academy Elementary School and
Subcontracts between the City and the Community Child Care Center. (Approved, 5-0)
APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3)
members to the Board of Adjustment for two (2) year terms ending August 31, 2006.
Based on the rotation system, the appointments will be made by Commissioner Costin
(Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3).
(Appointed Harvey Starin and approved, 5-0; appointed Mel Pollack and approved, 5-0;
appointed Samuel Resnick and approved, 5-0)
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
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Appoint five (5) members to the Board of Construction Appeals for two (2) year terms
ending August 31, 2006. Based on the rotation system, the appoinlxnents will be made
by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer
(Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4).
(Commissioner Levinson deferred his appointment. Appointed George Brewer and approved,
5-0; appointed Mary Ellen Keating and approved, 5-0; appointed Clifton Miller and approved,
5-0; appointed James Houck and approved, 5-0)
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
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Appoint one (1) member to the Downtown Development Authority for an unexpired
term ending July 1, 2006. Based on the rotation system, the appointment will be made
by Commissioner McCarthy (Seat #4). (Appointed Ronald Sullivan and approved, 5-0)
APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
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four (4) members to the Historic Preservation Board for two (2) year terms ending
August 31, 2006. Based on the rotation system, the appointments will be made by
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), and Mayor Perlman (Seat #5). (Appointed Francisco Perez-Azua and
approved, 5-0; appointed Linda Lake and approved, 5-0; appointed Michelle Reich and
approved, 5-0; appointed Maura Dersh and approved, 5-0)
APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
four (4) members to the Planning and Zoning Board for two (2) year terms ending
August 31, 2006. Based on the rotation system, the appointments will be made by
Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner
Levinson (Seat #3), and Commissioner McCarthy (Seat #4). (Appointed Diane Borchardt
and approved, 5-0; appointed Jillian Morris and approved, 5-0; appointed Lesley Deutch and
approved, 5-0; appointed Johnny Kincaide and approved, 5-0)
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R. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
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BOARD: Appoint five (5) members to the Site Plan Review and Appearance Board for
two (2) year terms ending August 31, 2006. 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 Mayer Abbo and approved, 5-0; appointed Daniel
Carter and approved, 5-0; appointed Reginald Cox and approved, 5-0; appointed Christina
Morrison and approved, 5-0; appointed Roger Cope and approved, 5-0)
PUBLIC HEARINGS:
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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN (FY 2004 2005): Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the Housing &
Urban Development (HUD) Department of the United States for utilization of grant
funds. (Approved, 5-0)
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ORDINANCE NO. 44-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Ordinance No. 14-04, by enacting a new Subsection
4.6.7(E) (3) (e), "Ground Signs", to allow the placement of certain Ground Signs in
certain locations. If passed, a second public hearing will be scheduled for August 17,
2004. (Approved, 5-0)
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ORDINANCE NO. 35-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) Section 4.6.9(E),
"Location of Parking Spaces", relating to in-lieu fees and amending Appendix "A"
"Definitions", by enacting a definition for new development, redevelopment, and in-fill
development. If passed, a second public hearing will be scheduled for August 17, 2004.
(Motion to POSTPONE until September 7, 2004; Approved, 5-0)
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ORDINANCE NO. 43-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) Section 4.4.9(B)(5),
"General Commercial Zoning District", to provide that commercial uses are allowed in
mixed-use developments in the General Commercial (GC) Zoning District if
commercial uses are provided on the ground floor and occupy no less than 25% of the
structure. If passed, a second public hearing will be scheduled for August 17, 2004.
(Approved, 5-0)
ORDINANCE NO. 45-04: An ordinance amending Chapter 111, "Advertising", by
repealing Chapter 111 in its entirety and amending Chapter 118 "Solicitors and
Peddlers", by repealing Chapter 118 in its entirety and enacting a new Chapter 118
"Solicitors and Peddlers", to provide an updated code including new provisions on the
vending of products from motor vehicles. (Approved, 4-0; Mayor Perlman passed the gavel
and left dais)
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ORDINANCE NO. 34-04: An ordinance amending the Land Development
Regulations (LDR) Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to
provide updated regulations for Satellite Dishes and Antennas. (Approved, 5-0; Mayor
Perlman returned to dais)
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:
ORDINANCE NO. 40-04: An ordinance providing for a referendum to be held on
November 2, 2004, on the question of whether the majority of the qualified voters of
the City voting in the referendum special election give their consent and permission for
the release of any deed restrictions and for the transfer and sale of the North 48 feet of
Lot 15, Block 101 (Library), located behind the current library site at 29 S.E. 4~h Street
and fronting on S.E. 5~h Avenue. If passed, a public hearing will be scheduled for
August 17, 2004. (Approved, 5-0)
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ORDINANCE NO. 41-04: An ordinance providing for a referendum to be held on
November 2, 2004, on the question of whether the majority of the qualified voters of
the City voting in the referendum special election give their consent and permission for
the release of any deed restrictions and for the transfer and sale of part of Block 52
(Tennis), located on the northwest corner of N.W. 1st Avenue and Atlantic Avenue. If
passed, a public hearing will be scheduled for August 17, 2004. (Approved, 5-0)
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ORDINANCE NO. 46-04: An ordinance amending Chapter 31, "City Officials and
Employees", by amending Section 31.02, "Compensation of Commissioners and
Mayor", to provide for salary increases for the Mayor and City Commissioners to bring
salaries in line with neighboring municipalities. If passed, a public hearing will be
scheduled for August 17, 2004. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY :30, 2004
Meeting adjourned at 9:lS p.m. ******
08-03-2004