01-18-05 Agenda Results-Regular
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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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.
Tuesday, January 18, 2005
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
De1ray 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 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 ofItem 9.], Property Acquisition Status Report,
to the Regular Agenda by addendum; Revised Ordinance for Item 12.A, Ordinance No. 77-04,
Commissioner Levinson requested that Item 8.1.2, Purchase award to R&S Integrated Products and
Services, Inc., be moved to the Regular Agenda as Item 9.A.l,; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
· January 4,2005 - Regular Meeting (Approved, 5-0)
· January 11, 2005 - Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
· NONE
7. PRESENTATIONS:
· Free to Grow Presentation - Dr. Carmen Nicholas
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RESOLUTION NO. 2-05: Approve Resolution No. 2-05 assessing costs for
abatement action required to remove nuisances on seven (7) properties throughout the
City.
B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND SIDEWALK
EASEMENT/1185 EAST ATLANTIC AVENUE: Approve and accept a right-of-
way deed and sidewalk easement associated with the 1185 East Atlantic Avenue Site
Plan Modification, located at the northwest comer of East Atlantic Avenue and
Andrews Avenue (1185 East Atlantic Avenue).
C. RESOLUTION NO. 3-05: Approve Resolution No. 3-05 supporting the
strengthening of Chapter 791, Florida Statutes, relating to the regulation of fireworks.
D. ADDENDUM NO. 1/CONSULTING AGREEMENT /LANGTON
ASSOCIATES, INC.: Approve Addendum No.1 to the consulting agreement with
Langton Associates, Ine. to provide for the extension of the agreement on a month to
month basis as previously approved by the Commission.
E. SPECIAL EVENT AGREEMENT/JOINT VENTURE: Approve an agreement
between the City and the Joint Venture for Joint Venture sponsored special events.
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F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 3, 2005 through January 14, 2005.
G. CONSENT TO SUBORDINATION OF MORTGAGE/CRISANTI DEED:
Approve the Subordination of Mortgage for the revised Crisanti Easement Deed.
H. AMENDMENT NO. 3/MATCH POINT, INC.: Consider approval of
Amendment No.3 to the amended and restated agreement between the City and Match
Point, Ine. to allow a reduction in Match Point's charity contribution to the City's
charity fund for the 2004 and 2005 years from $50,000.00 to $25,000.00.
1. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Business information Systems, Ine. in the amount of
$18,663.50 to purchase the Digital Audio Recording System (FTR Gold)
including support services; and the purchase of one (1) laptop computer from
Dell in the amount of $1,619.32 for the City Clerk's Office. Funding is available
from 001-1411-512-64.90 (General Fund/Other Machinery/Equipment), 001-
1411-512-46.90 (General Fund/ Other Repair/Maintenance Costs), and 001-
1411-512-64.11 (General Fund/ Computer Equipment).
2. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
3. Purchase award in the amount of $22,151.00 to Innovative Surveillance
Technology to upgrade outdated equipment on Police Department's Vice,
Intelligence, and Narcotics (VIN) Unit's undercover surveillance vehicle.
Funding is available from 115-2112-521-64.90 (Special Projects Funds/Law
Enforcement/Equipment/ Other).
4. Bid award to multiple vendors for the purchase of road construction materials
for the City via Co-op Bid #2004-43 at an estimated annual cost of $65,000.00.
Funding is available from various departments (Streets Division/Construction
Division) operating budget and capital project accounts.
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION / A VENUE EAST: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding a Class V Site Plan, Landscape Plan, and
Architectural Elevations associated with the development of Avenue East (aka Grove
Square), located on the east side of S.E. 2nd Avenue, between East Atlantic Avenue and
S.E. 1st Street. (Quasi-Judicial Hearing) (Motion to approve the appeal; Approved, 5-0)
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A. 1. Purchase award to R&S Integrated Products and Services, Ine. in the amount of
$22,995.00 to purchase the EasyAgenda Software including support and upgrades; and
the purchase of eight (8) laptop computers from Dell and ten (10) USB Drives from PC
Universe in the amount of $13,424.56 for the paperless agenda. Funding is available
from 001-1411-512-66.10 (General Fund/Software), 001-1411-512-46.90 (General
Fund/Other Repair/ Maintenance Costs), 001-1111-511-64.11 (General
Fund/Computer Equipment), 001-1211-512-64.11 (General Fund/Computer
Equipment), 001-1802-512-64.11 (General Fund/Computer Equipment), and 001-1411-
512-64.11 (General Fund/Computer Equipment). (Motion to approve hardware purchase
and software to come back before Commission; Approved, 5-0)
B. NEIGHBORHOOD ACTION PLAN/RAINBERRY WOODS: Consider
approval and the adoption of the Rainberry Woods Neighborhood Action Plan
presented by Lula Butler, Director, Community Improvement; Nancy Davila,
Horticulturist; and Kai Holmgren, President, Rainberry Woods Homeowners'
Association. (Approved, 5-0)
C. REQUEST TO REDUCE LIENS/CUEVAS: Consider a request from Mr. G.
Steven Brannock, representing Mr. Domingo Cuevas, to waive the interest and
administrative fees totaling $9,422.25 assessed for abating nuisances on three (3)
properties on N.W. 13th Avenue: 40 S.W. 13th Avenue, 35 N.W. 13th Avenue, and Lot
20, Block 1, Atlantic Park Gardens on N.W. 13th Avenue. Mr. Cuevas is prepared to
pay the remaining lien of $7,996.08. Staff recommends approval. (Motion to approve
subject to staff conditions, Approved, 3-2; Commissioner Archer and Commissioner McCarthy
dissenting)
D. ALTERNATIVE WATER SUPPLY FUNDING AGREEMENT/SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Consider approval
of an Alternative Water Supply Funding Program Agreement in the amount of
$150,000.00 with the South Florida Water Management District (SFWMD) establishing
the terms of administration of an Alternative Water Supply 50% matching grant for
construction costs related to the Phase I Reclaimed Water Transmission System Project.
(Approved, 5-0)
E. POLICE AND FIREFIGHTER PENSION PLAN RETIREE SURVEY:
Consider the request from DROP participants that they be allowed to purchase the
increase from 3% to a 3.5% multiplier for Police and Firefighter Pension Plan retirees,
and proceed with requesting an Internal Revenue Service (IRS) letter ruling. Staff
recommends denial. (Motion to approve request for IRS letter ruling; DENIED, 5-0)
F. AGREEMENT /UNITED STATES TENNIS ASSOCIATION INC.(USTA)/
FED CUP TIE: Consider approval of a Host Facility Agreement with the United
States Tennis Association, Ine. (USTA) for the Fed Cup Tie to be held at the Tennis
Center on April 23-24, 2005. (Approved, 5-0)
G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) student
member to the Education Board for a one (1) year term ending July 31, 2005. Based
upon the rotation system, the appointment will be made by Commissioner Costin (Seat
#1). (Appointed Adam Sorrin and approved, 5-0)
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H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council for an
unexpired term ending October 31, 2005 for Zone Five. Based upon the rotation
system, the appointment will be made by Commissioner Levinson (Seat #3). (Appointed
Pamela Williams and approved, 5-0)
1. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint
one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5). (Deferred to February 1,2005)
J. PROPERTY ACQUISITION STATUS REPORT: The City Attorney will give a
report on the status of efforts to acquire various properties to implement the Parks
Bond Issue and to replace our Lake Ida Road storage facilities.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 75-04: Future Land Use Map Amendment (FLUM) from
County HR-8 (High Density Residential-8 dwelling units per acre) to City MD (Medium
Density Residential 5-12 dwelling units per acre) and annexation with initial City zoning
of RM-8 (Medium Density Residential-8 dwelling units per acre) for Gramercy, located
260 feet west of Military Trail and 710 feet south of West Atlantic Avenue. (Quasi-
Judicial Hearing) (Motion to approve Ordinance No. 75-04; Approved, 5-0)
B. ORDINANCE NO. 79-04 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR)
Section 4.4.24, "Old School Square Historic Arts District" (OSSHAD), Subsection
4.4.24(B), "Principal Uses and Structures", and Subsection 4.4.24(F), "Development
Standards", to allow the permitted uses and development standards of the CBD
(Central Business District) zoning district to apply to the south 34.75 feet of Lot 6,
Block 75. (Quasi-Judicial Hearing) (Approved, 4-0; Commissioner Costin ftied Conflict
ofInterest and left dais)
C. ORDINANCE NO. 74-04 (SECOND READING/SECOND 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. (Approved, 4-0; Mayor Perlman passed the gavel to Vice-Mayor
McCarthy and left dais; Commissioner Costin returned to dais)
D. ORDINANCE NO. 1-05: An ordinance adopting the Community Redevelopment
Agency Plan Amendment. (Approved, 4-0; Mayor Perlman ftied Conflict of Interest)
E. ORDINANCE NO. 3-05: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National American Fee Schedule. (Approved, 5-0; Mayor Perlman
returned to dais)
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F. ORDINANCE NO. 80-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(B), "Applicability", to provide
a credit for parking under certain circumstances where a governmental entity acquires
property for public parking. (Approved, 5-0)
G. ORDINANCE NO. 78-04: City initiated amendment to Land Development
Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements", Section 2.4.3(A),
"Standard Application Items", Section 2.4.5(M), "Amendment to the Land
Development Regulations", Section 4.5.1(C), "Designation Procedures", to provide for
the elimination of certain notices not required by state law and adding new public notice
requirements. (Approved, 5-0)
H. ORDINANCE NO. 2-05: An ordinance amending Chapter 34, "Elections", Section
34-01, "State Law to Govern", to "opt-out" of the provisions of Section 101.657,
Florida Statutes, the early voting requirements. (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. 77-04: City initiated amendment to Land Development
Regulations enacting Article 8.5, "Public Art", to establish a public art program. If
passed, a public hearing will be scheduled for February 1, 2005. (Approved, 5-0)
B. ORDINANCE NO. 4-05: An ordinance amending Chapter 135, "Abatement of
Nuisances", Section 135.10, "Definitions", to comply with the updated Florida Statute
893.138. If passed, a public hearing will be scheduled for February 1, 2005. (Approved,
5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 14, 2005
****** Meeting adjourned at 9:40p.m. ******
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