10-05-04 Results
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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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, October 5, 2004 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. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is en titled 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: 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.
100 NW 1st Avenue
De1ray 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 Randolph at 243-
Fax: (561) 243-3774 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.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted the addition of Item 9.0, Proposed County Charter
Amendment Regulating Voluntary Annexation, to the Regular Agenda by addendum; Approved as
amended, 5-0)
5. APPROVAL OF MINUTES:
. September 21,2004 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending the De1ray Beach Ocean Rescue Competition Team
B. Recognizing and Commending the De1ray Beach Ocean Rescue Junior Lifeguard
Competition Team
C. Breast Cancer Awareness Month - October 2004
D. Florida City Government Week - October 17-23, 2004
E. National Epilepsy Awareness Month - November 2004
F. A VDA (Aid to Victims of Domestic Abuse) 5K Run
7. PRESENTATIONS:
A. "Spotlight on Education" - Nancy Hurd, Director Community Child Care Beacon
Center at Village Academy
B. "Spotlight on Neighborhoods" - Shelly Weil, Chairperson, Neighborhood Advisory
Council
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. CONFIRMATION /RESCISSION OF EMERGENCY RESOLUTIONS:
Confirm Emergency Resolutions A, B, D, and H pursuant to Chapter 95 of the City
Code of Ordinances and approve the rescission of Resolution A and Resolution B.
B. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT:
Approve the application for a matching grant for the Federal Emergency Management
Agency (FEMA) Grant in the amount of $46,088.00 to acquire a multi-risk safety
demonstration trailer for fire safety and severe weather instruction purposes. City's
required 30% matching portion is $19,752.00 for a total amount of $65,840.00.
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C. QUANTUM FOUNDATION GRANT /COMMUNITY HEALTH
IMPROVEMENT PROGRAM (CHIP): Approve the application for a non-
matching grant to the Quantum Foundation of Palm Beach County in the amount of
$467,331.64 to provide funding for three (3) years for a Community Health
Improvement Program (CHIP) in the Fire-Rescue Department.
D. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special
event request to allow the Annual Halloween Day Parade to be held on October 30,
2004 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per
LDR Section 2.4.6(h) for the rolling closure of Atlantic Avenue from N.E. 1st Avenue to
Veterans Park, staff support for traffic control and security; contingent upon the receipt
of a hold harmless agreement and certificate of liability insurance.
E. FUNDING FOR SPECIAL EVENTS AND GRANTS FOR FY 2005: Approve
the Special Event and Miscellaneous Grant Funding for FY 2005.
F. FUNDING AGREEMENT /CHILDREN'S SERVICES COUNCIL: Approve a
funding agreement between the City of Delray Beach and Children's Services Council
(CSC) in the amount of $283,471.00 for the City's out of school program, day camps,
and summer camp programs.
G. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through the Community Development
Division in the amount of $24,675.00 to Tommy Preston (820 S.W. 3rd Court) and
$20,973.75 to Tommy Preston (126 S.W. 11th Avenue). Funding is available from 118-
1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing
Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP)
Program/Housing Rehabilitation).
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 20,2004 through October 1, 2004.
1. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Ferguson Enterprises, Ine. in the amount of $16,316.45 for
the purchase of water main pipe materials to be installed by our in-house
construction crew on the N.E. 5th Street and N.E. 6th Street/Palm Trail Water
Main Improvements Project. Funding is available from 442-5178-536-63.50
(Water Main Rehabilitation).
2. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in
the amount of $188,215.00 via the City of Columbus, Ohio bid for one (1)
Heavy Duty Paramedic Rescue Vehicle for the Fire Department. Funding is
available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment)
FY 04/05.
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9. REGULAR AGENDA:
A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT &
MEMORANDUM OF UNDERSTANDING /POLICE BENEVOLENT
ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and
Memorandum of Understanding between the City and the Police Benevolent
Association (police Officers and Sergeants) for the three year period October 1, 2004
through September 30, 2007. (Approved, 5-0)
B. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of a contract award to various insurance companies
as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty
Insurance Policies effective October 1, 2004 at the annual premium of $1,316,649.00.
(Approved, 5-0)
C. FY 2005 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the
proposed FY 2005 maximum golf rates for the Lakeview Golf Course. (Approved, 5-0)
D. FY 2005 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of
the proposed FY 2005 maximum golf rates for the Municipal Golf Course. (Approved,
5-0)
E. FY 2005 TENNIS RATES/TENNIS FACILITIES: Consider approval of the
proposed FY 2005 maximum tennis rates for the Tennis Facilities. (Approved, 5-0)
F. ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND
TENNIS FACILITIES: Consider approval of proposed performance measures for
FY 2004-2005 for the Municipal Golf Course, Lakeview Golf Course, and Tennis
Facilities. (Approved, 5-0)
G. SPECIAL EVENT REQUEST /CHRISTIAN RAP /HIP HOP CONCERT
EVENT: Consider approval of a proposed Christian Rap /Hip Hop Concert
sponsored by the Outside the Walls Ministries, Ine. to be held at Pompey Park on
October 31, 2004 from 3:00 p.m. to 7:00 p.m. including temporary use permit per LDR
Section 2.4.6(H) for the use of the park and staff assistance for security, traffic control,
trash removal! clean up, event signage, and use/set up of the small City stage. Staff
recommends denial. (Motion to approve request to be held at Pompey Park on alternate field
not ball field subject to the three staff conditions listed in memorandum; Approved 3-2, Mayor
Perlman and Commissioner Levinson dissenting)
H. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2)
alternate members to the Board of Adjustment for unexpired terms ending August 31,
2005. Based upon the rotation system, the appointments will be made by
Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). (Appointed Clifton
Miller and approved, 5-0; and appointed Sigurdur Hardester and approved, 5-0)
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1. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for an unexpired term ending
January 14, 2006 and one (1) alternate member for an unexpired term ending January 14,
2007. Based upon the rotation system, the appointments will be made by Mayor
Perlman (Seat #5) and Commissioner Costin (Seat #1). (Appointed Mark Behar and
approved, 5-0; and appointed Bernard Federgreen and approved, 5-0)
J. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint three (3) members to the Board of Construction Appeals; one (1) member for
a two (2) year term ending August 31, 2006 and two (2) members for unexpired terms
ending August 31, 2005. Based on the rotation system, the appointments will be made
by Commissioner Levinson (Seat #3), Mayor Perlman (Seat #5), and Commissioner
Costin (Seat #1). (Appointed Anthony Spirelli and approved, 5-0; appointed Carol
Aharonovic and approved, 5-0; and appointed Patricia Neyra and approved, 5-0)
K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) member to the Neighborhood Advisory Council for Zone Six for an
unexpired term ending October 31, 2006. Based upon the rotation system, the
appointment will be made by Mayor Perlman (Seat #5). (Appointed Jeremy Office and
approved, 5-0)
L. PURCHASE AWARD/LEVEL 5 SECURITY, INC: Consider approval of the
purchase and installation of an Audio /Video Monitoring System from Level 5 Security,
Ine. in the amount of $36,295.00 for the Police Department's Holding Facility and
Investigative Interview Rooms. Funding is available from 115-2112-521-49.90 (Federal
Forfeiture Account). (Approved, 5-0)
M. CITY ATTORNEY EVALUATION. (Motion to approve 4.5% increase; Approved, 5-0)
N. CITY MANAGER EVALUATION. (Motion to approve 4.5% increase; Approved, 5-0)
O. PROPOSED COUNTY CHARTER AMENDMENT REGULATING
VOLUNTARY ANNEXATION: Consider adoption of the resolution authorizing
the City's participation in litigation regarding the proposed County Charter Amendment
regulating voluntary annexation. (Motion to approve Resolution No. 77-04; Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 31-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance rezoning from GC (General Commercial) to CBD (Central Business
District) for 41.53 acres of land for properties generally located on the north and south
sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and NW/SW
12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. If passed,
a second public hearing will be scheduled for October 19, 2004. (Approved, 5-0)
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B. ORDINANCE NO. 58-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR), Appendix "A"
"Definitions", to provide a definition of "Adult Gaming Center", "Coin-Operated
Amusement Devices", and "Slot Machines" and enacting a new Subsection 4.3.3(AAA)
"Adult Gaming Centers" and clarifying that adult gaming centers are conditional uses in
the General Commercial (GC) and Planned Commercial (PC) Zoning Districts. If
passed, a second public hearing will be scheduled for October 19, 2004. (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 Pub lie.
12. FIRST READINGS:
A. ORDINANCE NO. 48-04: Future Land Use Map Amendments (FLUM) for two
separate parcels that are part of land swap activity associated with the establishment of
the Intracoastal Park site. The first parcel is a small-scale (FLUM) Amendment from
TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre)
and rezoning from POD (planned Office Development) to RM (Medium Density
Residential) for a 0.13 acre that is currently owned by the Delray Harbor Club. The
second parcel is a small-scale FLUM Amendment from TRN (Transitional), MD
(Medium Density Residential 5-12 dwelling units per acre), and OS-C (Open Space-
Conservation) to OS-C (Open Space-Conservation) and rezoning from POD
(professional Office District) , RM (Medium Density Residen tial), and CD
(Conservation District) to OS (Open Space) which consists of 4.47 acres, generally
located on the east side of South Federal Highway between S.E. 10th Street and Linton
Boulevard. If passed, a public hearing will be scheduled for October 19, 2004.
(Approved, 5-0)
B. ORDINANCE NO. 61-04: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A),
"Participants Contribution Account", by amending Subsection (A) (2) "Participant
Contributions", to provide for an increased employee contribution. If passed, a public
hearing will be scheduled for October 19, 2004. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 1, 2004
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