12-14-04 Results
City of Delray Beach
Regular Commission Meeting
***AGENDA RESlJLTS***
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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.
Tuesd~, December 14,2004
A. Public Hearings: Any citizen is entitled to speak on items under this
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: 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
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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 ill order for the City to accommodate your
request. Adaptive listenmg devices are available for meetings in the
Comnussion Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (lvlayor noted the addition of Item 9.0, Agreement/Veteran's Park
Fountam, and Item 9.P, Consulting Agreement/\X!ilham Plum, to the Regular Agenda by addendum;
CommÌsslOner Levinson requested that Item 8.H, Community Development Block Grant (CDBG) Sub-
reClpient Fundmg Agreements, be moved to the Regular Agenda as Item 9 Q; Approved as amended, 5-
0)
5. APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
. NONE
7. PRESENTATIONS:
A. Special Recognition Award, Jimmy Storey, Jimmy's Stone Crabs
B. Report on Homeowner's Hurricane Damage Repair Assistance, Lula Buder
C. Site Plan Review and Appearance Board (SPRAB) Awards
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. ACCEPTANCE OF RIGHT-OF-WAY DEED/508 NORTH SWINTON
AVENUE: Approve and accept a right-of-way deed associated with 508 North
Swinton Avenue, located on the west side of North Swinton Avenue between Lake Ida
Road and N.W. 6th Street.
B. SERVICE AUTHORIZATION NO. 23/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 23 to Mathews Consulting, Inc. in the amount of
$182,641.00 for consulting engineering services related to the Phase II expansion of the
City's Reclaimed Water Transmission System Project. Funding is available from 441-
5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water
Transmission System).
C. CHANGE ORDER NO. 1/FINAL PAYMENT /CONOUEST
ENGINEERING, INC.: Approve Change Order No.1 in the amount of an
$86,283.16 decrease, and final payment in the amount of $65,702.68 to Conquest
Engineering, Inc. for completion of the Southwest Area Infrastructure Improvements
Phase II Project. Funding is available from 442-5178-536-65.58 (Water/Sewer Renewal
& Replacement Fund/SW Area Phase II).
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D. LANDSCAPE MAINTENANCE AGREEMENT/FLORIDA POWER AND
LIGHT: Approve and accept a landscape maintenance agreement and a quit-claim
deed for right-of-way associated with the Florida Power and Light Germantown
Substation (1604 S.W. 10th Street).
E. RATE ADJUSTMENTS/FIRE-RESCUE EMERGENCY MEDICAL
SERVICES (EMS) TRANSPORT FEES: Approve rate adjustments for the Fire-
Rescue Department's Emergency Medical Services (EMS) Transport Fees effective
January 1,2005.
F. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL
SHOW: Consider approval of a special event request to allow the 2nd Annual Asian
Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be
held on March 19-20, 2005 from 10:00 a.m. until 6:00 p.m. on the grounds of Old
School Square and on a portion of the Community Redevelopment Agency (CRA)
parking lot, including a temporary use permit per LDR Section 2.3.6(H) for the closure
and use of N.E. 1st Avenue, north of the grounds of Old School Square to N.E. 1st
Street, staff assistance for traffic control/security, trash removal/clean up with event
signage to be installed one week prior to the event; contingent on the sponsor providing
a hold harmless agreement, certificate of insurance, and approval from the CRA for the
use of their parking lot.
G. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW
ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among
Palm Beach County law enforcement agencies which permits voluntary cooperation and
assIstance of a routine law enforcement nature across jurisdictional lines, and provides
for the rendering of assistance in a law enforcement emergency.
H. (MOVED TO ITEM 9.0 ON THE REGULAR AGENDA)
I. AWARD OF BIDS AND CONTRACTS:
. NONE
9. REGULAR AGENDA:
A. REQUEST FOR IN-LIEU PARKING SPACES/FITZY'S PLACE: Consider a
request from Fitzy's Place for the purchase of one (1) in-lieu parking space in the
amount of $12,000.00. Fitzy's is located at 101 S.E. 4th Avenue. (Quasi-Judicial
Hearing) (Approved, 5-0)
B. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT AND
MEMORANDUM OF UNDERSTANDING/NATIONAL CONFERENCE
OF FIREMEN & OILERS (NCF&O). LOCAL 1227: Approve and ratify the
Collective Bargaining Agreement and Memorandum of Understanding between the City
and the National Conference of Firemen and Oilers (NCF&O), Local 1227, for the
three year period October 1, 2004 through September 30,2007. (Approved, 5-0)
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C. GRANT CONSULTING AGREEMENT /LANGTON ASSOCIATES: Consider
approval of continuation of the SMARTgrants Consulting Contract between the City of
Delray Beach and Langton Associates in the amount of $2,500.00 per month for grant
wnting services on a month to month basis. Funding is available from 001-6111-519-
99.03 (City Manager's Contingency Fund). (Approved, 5-0)
D. CONTRACT AWARD/MEF CONSTRUCTION, INC.: Consider approval of a
contract award to second lowest bidder, MEF Construction, Inc., in the amount of
$721,420,00 for the S.W. 12th Avenue, SW 11th Avenue, and S.W. 3ni Street
Improvements Project. Funding is available from 442-5178-536-65.97 (Water/Sewer
Renewal & Replacement Fund/Other Improvements/S.W. 12th Ave., S.W. 11th Ave.
and S.W. 3rd St.). (Approved, 5-0)
E. RESOLUTION NO. 92-04: Consider approval of the Notification and Offer Letter
and Resolution No. 92-04 authorizing the acquisition of property, The Commons, by
eminent domain and authorize the making of offers in certain eminent domain
proceedings in regards to a new community center. (lvlotlon to POSTPONE; Approved,
5-0)
F. NOTIFICATION AND OFFER LETTER/WILLIS PROPERTY: Consider
approval of the Notification and Offer Letter regarding the acquisition of the Willis
property by eminent domain and authorize the making of offers in certain eminent
domain proceedings in regards to park lands. (Motlon to POSTPONE; Approved, 5-0)
G. NOTIFICATION AND OFFER LETTER/MALKEMES PROPERTY:
Consider approval of the Notification and Offer Letter regarding the acquisition of the
Malkemes property by eminent domain and authorize the making of offers in certain
eminent domain proceedings in regards to park lands. (Motion to POSTPONE;
Approved, 5-0)
H. NON-PROFIT ACADEMY/CONTRACT WITH NON-PROFIT RESOURCE
INSTITUTE (N"RI): Consider approval of the creation of a Non-Profit Academy
and approve a consulting contract with the Non-Profit Resource Institute (NRI) for a
total cost to the City of $32,500.00. Funding is available from 001-6311-562-99.99
(General Fund/Grants Aid to Private Organizations/Other Non-Operating) and 001-
6111-519-99.03 (City Manager's Contingency Fund). (Approved, 5-0)
I. NEEDS ASSESSMENT /SENIOR/COMMUNITY CENTER AND POMPEY
PARK: Provide direction regarding the Needs Assessment Report completed by Tetra
Tech for the Community/Senior Center and Pompey Park. (Commission provided
direction to staff regarding amemtles and actiVitleS for the Community /SenlOr Center and
Pompey Park)
J. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL
REPORT (CAPER): Consider approval of the Community Development Block
Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for
FY 2003-2004 as required by the U.S. Department of Housing and Urban
Development. (Approved, 5-0)
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K. COLLECTION OF OUTSTANDING DOCKAGE FEES/SMALL CLAIMS
COURT: Consider authorizing the City Attorney to litigate in Small Claims Court for
the collection of outstanding dockage fees. ("-\pproved, 5-0)
L. DRAFT LEGISLATION: Provide direction regarding three (3) Legislative Bills
drafted by the City Attorney dealing with electronic mail, proof of zoning requirements
for service providers, and the independence of the Community Redevelopment Agency
(CRA) and the City when seeking funds under the Forever Florida Program. (Consensus
of the ComffilsslOn to ruscuss the bllls with the legtslators; and Kathy Daley to assist With
finrung sponsors)
M. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint five (5) regular members (one member for each Zone 1-4 and an At Large
Representative) for three year terms ending October 31, 2007 and two (2) student
members for one year terms ending October 31, 2005 to the Neighborhood Advisory
Council. Based upon 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), Mayor Perlman (Seat #5),
Commissioner Costin (Seat #1), and Commissioner Archer (Seat #2). (Appointed
Bernard Federgreen, Zone 1, and approved, 5-0; appomted Robert Gillespie, Zone 2, and
approved, 5-0, appomted Karen Lustgarten, Zone 3, and approved 5-0; appointed Carohne
Cassidy, Zone 4, and approved, 5-0; appomted Rita Ellis, At Large Representative, and
approved, 5-0; appomted Aaron Larkin, Student, and approved, 5-0; and appointed Allison
1-1attock, Student, and approved, 5-0)
N. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) alternate member to the Nuisance Abatement Board for an unexpired term ending
March 31, 2005. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4). (DEFERRED)
O. AGREEMENT/VETERAN'S PARK FOUNTAIN: Consider approval of an
agreement with artist, Carlos Alves, in the amount of $31,196.00 to retile the existing
fountain at Veteran's Park. Funding is available from various accounts within the 2004
Bond Fund and FY 04/05 Beautification Fund. (Approved,5-0)
P. CONSULTING AGREEMENT/WILLIAM PLUM: Consider approval of a
consulting agreement with William M. Plum for a one (1) year period for real estate
acquisition services. (Approved, 5-0)
Q. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements with six (6) sub-recipients (Community Child Care Center; Fair
Housing Center of the Greater Palm Beaches, Inc.; Palm Beach County Resource
Center, Inc.; Prosperi Company, Inc.; The Center for Technology, Enterprise, and
Development; and the Urban League of Palm Beach County, Inc,) under the
Community Development Block Grant (CDBG) program for FY 2004-2005, with the
total funding in the amount of $148,000.00 from various accounts within the CDBG
fund. (Approved, 5-0)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 73-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance designating the Dell Park Historic District, located between North
Swinton Avenue and N.E. 2nd Avenue and between George Bush Boulevard and the
north side of N.E. 13th Street, to the Local Register of Historic Places. If passed, a
second public hearing will be scheduled for January 4, 2005. (Motion to approve
Ordinance No. 73-04; DENIED, 5-0)
B. RESOLUTION NO. 89-04: Consider approval of Resolution No. 89-04 authorizing
the City to sell property, Lot 12, Block 80, located at the northeast corner of S.E. 4th
Street and S.E. 1st Avenue, and Contract for Sale and Purchase between the City and
335 S.E. 1st Inc. in the amount of $25,436.00. (Approved, 5-0)
C. RESOLUTION NO. 90-04: Consider approval of Resolution No. 90-04 authorizing
the City to purchase the Churchill property for park lands, located at 4652 133m Road,
South, and Contract for Sale and Purchase between the City and Maureen Churchill in
the amount of $1,254,000.00. (Approved, 3-2; CornnusslOner Lev1Oson and CornnussÌoner
~kCarthy illssenting)
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. 81-04: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A),
"Participants Contribution Account", by amending Section 35.095(A)(4) "Applicability
to Bargairung Unit Employees", to provide that the contribution by the National
Conference of Firemen and Oilers (NCF&O) shall be 2.5% and that in no event will the
employee contribution be less than 2.5% or greater than 4.5%, based on actuarial
requirements. If passed, a public hearing will be scheduled for January 4, 2005.
(Approved, 5-0)
B. ORDINANCE NO. 76-04: An ordinance amending Chapter 112 "Alarm Systems",
Section 112.21, "Application for Alarm Registration; Reporting Changes to Required
Information", to provide for and require annual updates in information; amending
Section 112.26, "Response to Alarm"; Alarm User Responsibility; Alarm Malfunction
and Corrective Action", by enacting a new Subsection 112.23(A) to require verification
for intrusion and burglar alarms. If passed, a public hearing will be scheduled for
January 4, 2005. (Approved, 5-0)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 10, 2004
****** Meeting adjourned at 8:51p.m. ******
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12-14-2004