03-15-05 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, March 15, 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 of Item 8.N, Resolution No. 16-05 and
Resolution No. 17-05, and Item 8.0, Key to the City, to the Consent Agenda by addendum; Revised
Ordinance No. 18-05 for Item 12.B, Ordinance No. 18-05; Item 8.], Agreements/Bellsouth/Megalink
Circuits was removed from the Consent Agenda; Item 9.C, Resolution No. 13-05, was removed from
the Regular Agenda; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. March 1,2005 - Regular Meeting (Approved, 5-0)
. March 10,2005 - Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Commending multiple medal winners - Delray Beach 2005 Senior Games
B. Recognizing the 86th Year Anniversary of the American Legion - March 18, 2005
C. Fair Housing Month - April 2005
7. PRESENTATIONS:
A. "Spotlight on Education" - Carole Crilley, Principal of Orchard View Elementary
School
B. Cornell Park Presentation - Abbas Zackria, Robert Walters Architect
C. Proposed Miracle League Baseball Diamond at Miller Park - Joe Weldon, Director of
Parks and Recreation
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/HIGHLAND GROVE ESTATES
PLAT: Approve the subdivision plat for Highland Grove Estates, a proposed 13 unit
townhouse development, located on the northwest comer of Old Germantown Road
and Palm Cove Boulevard.
B. FINAL SUBDIVISION PLAT APPROVAL/ATLANTIC PALMS PLAT:
Approve the subdivision plat for Atlantic Palms (AKA Carlson Black Replat), a
proposed 45 unit, fee-simple, townhouse development, located on the south side of
West Atlantic Avenue, approximately 140' east of Whatley Road.
C. RESOLUTION NO. 11-05: Approve Resolution No. 11-05 assessing costs for
abatement action required to remove nuisances on twelve (12) properties throughout
the City.
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D. RESOLUTION NO. 12-05: Approve Resolution No. 12-05 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
326 S.W. 8th Street.
E. HOLD HARMLESS AND LANDSCAPE MAINTENANCE AGREEMENTS/
TROPIC ISLES TOWNHOMES: Approve and accept a hold harmless agreement
and a landscape maintenance agreement associated with the Tropic Isles Townhomes
Project, located at the northwest comer of Avenue "H" and Frederick Boulevard.
F. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT:
Approve and authorize the execution of a funding agreement in the amount of
$16,000.00 with sub-recipient New Innovations under the Weed & Seed program for
FY 2004-2005. Funding is available from 115-2126-521-31.90 (Special Projects
Fund/Weed and Seed Grants/Other Professional Services).
G. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS:
Approve and authorize the execution of funding agreements in the total amount of
$21,862.00 with two (2) sub-recipients (Delray Youth Vocational Charter School and
Children Learning After School Sessions, Inc.) under the Weed & Seed program for FY
2004-2005. Funding is available from 115-2126-521-83.01 (Special Projects Fund/
Weed and Seed Grants/Other Grants/Aid).
H. RESOLUTION NO. 15-05: Approve a resolution requesting program modification
funding from the Palm Beach County Emergency Medical Services (EMS) Grant Award
program and authorize acceptance of grant funding in the amount of $26,015.23.
1. Approve contract award to Zoll Medical Corporation in the amount of
$17,366.00 for the purchase of the Auto Pulse Resuscitation System.
2. Approve contract award to Southeastern Emergency Equipment in the amount
of $8,649.23 for the purchase of an Advanced Life Support Mega Code Kelly
Manikin.
1. LICENSE AGREEMENT /CAFFE LUNA ROSA: Approve a license agreement
with Caffe Luna Rosa and associated dashboard passes for the use of parking spaces in
the Gleason, Sandoway, and Ingraham Parking Lots. Caffe Luna Rosa is located at 34
South Ocean Boulevard.
J. AGREEMENTS/BELLSOUTH/MEGALINK CIRCUITS: Approve two (2)
agreements between the City and BellSouth Telecommunications, Inc. for Bellsouth
Megalink Service in the annual amount of $24,061.80 for a period of forty-nine (49)
months to provide interoperability between the Tri-City system and the Palm Beach
County systems for public safety users and selected non-public safety users. Funding is
available from 001-2113-521-41.10 (General Fund/Telephone Expense). (REMOVED)
K. CLEAN AND SAFE BUDGET: Approve the Clean and Safe Budget as presented at
the March 10,2005 Workshop Meeting.
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L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 28,2005 through March 11,2005.
M. AWARD OF BIDS AND CONTRACTS:
1. Various bid awards in the amount of $285,907.00 via the Florida Sheriffs'
Association Contract #04-12-0823 and the State of Florida Contract #070-700-
05-1 for the replacement of twelve (12) City vehicles. Funding is available from
501-3312-591-64.20 (Central Garage Fund/Automotive).
N. RESOLUTION NO. 16-05 AND RESOLUTION NO. 17-05: Approve
Resolutions No. 16-05 and No. 17-05 stating the City's intent to participate in a dispute
resolution proceeding with Palm Beach County and if there is no success, authorize a
petition to the Board of County Commissioners of Palm Beach County challenging the
financing of the County Dispatch Service with countywide revenues.
O. KEY TO THE CITY: Approve presenting Mary Robinson, former President of
Ireland, with a Key to the City.
9. REGULAR AGENDA:
A. NEIGHBORHOOD ACTION PLAN/CHATELAINE STRATEGIC TASK
TEAM (STT): Consider approval and adoption of the Chatelaine Strategic Task Team
Neighborhood Action Plan presented by Lula Butler, Director, Community
Improvement; Janet Meeks, Education Coordinator; and Jayne King, President,
Chatelaine Homeowners' Association. (Approved, 5-0)
B. RESOLUTION NO. 14-05: Consider approval of Resolution No. 14-05 authorizing
the Community Redevelopment Agency (CRA) to acquire fee simple title by gift
purchase or eminent domain for property needed for the Carver Square Neighborhood
Plan. (Approved, 4-0; Mayor Perlman ftied Conflict of Interest, left dais, and passed the gavel
to Vice-Mayor McCarthy)
C. RESOLUTION NO. 13-05: Consider approval of Resolution No. 13-05 authorizing
the Community Redevelopment Agency (CRA) to acquire fee simple title by gift
purchase or eminent domain for property needed for the Southwest Neighborhood
Plan. (REMOVED)
D. CONTRACT EXTENSION AND AUTHORIZATION /BILL PLUM: Consider
approval of a contract extension and authorization for payment to Bill Plum in the
amount of $15,883.00. Funding is available from 380-4139-572-39.10 (2004 Bond
Fund/Other Professional Services/Neighborhood Parks). (Approved, 5-0; Mayor
Perlman returned to dais)
E. LETTER REGARDING ALZHEIMER'S PROPERTY: Consider approval of a
letter restating interest in the acquisition of the Alzheimer's property, setting forth
prices and proposals. (Approved, 5-0)
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F. SETTLEMENT AGREEMENT/BOWMAN: Consider approval of a settlement
agreement between the City and William E. Bowman, Jr. in the amount of $3,519.26.
Staff recommends acceptance. (Approved, 5-0)
G. AWARD OF CONTRACT/MORGAN ROOFING, INC.: Consider approval of a
contract award to Morgan Roofing, Inc. in the amount of $142,987.00 for the Old
School Square Re-roofing Project; and waive the requirement that the bonds be issued
and executed by an agent with an office in Palm Beach, Dade, Broward, or Martin
counties. Funding is available from 334-6112-572-46.12 (General Construction
Fund/Old School Square Roof Repair). (Motion to approve contract award and waiver;
Approved, 5-0)
H. FIFTH AMENDMENT /BLOCK 77 CONTRACT /COMMUNITY
REDEVELOPMENT AGENCY: Consider approval of the Fifth Amendment to
the Block 77 Contract between the Community Redevelopment Agency (CRA) and
Block 77 Development Group, L.c. to provide for an extension payment to the CRA in
the amount of $764,200.00 and extend the closing time to September 29, 2005.
(Approved, 4-0; Mayor Perlman flied Conflict of Interest, left dais, and passed the gavel to Vice-
Mayor McCarthy)
1. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory
Committee for an unexpired term ending May 31, 2006. Based upon the rotation
system, the appointment will be made by Commissioner Levinson (Seat #3). (Appointed
Robert Conway and approved, 5-0; Mayor Perlman returned to dais)
J. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
three (3) regular members and two (2) alternate members to the Nuisance Abatement
Board for two (2) year terms ending March 31, 2007. Based upon the rotation system,
the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman
(Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), and
Commissioner Levinson (Seat #3). (Appointed Todd L'Herrou and approved, 5-0;
appointed Nicholas Loeb and approved, 5-0; appointed Kenneth Kaltman and approved, 5-0;
appointed Eileen Marks and approved, 5-0; and appointed Philip Friedman and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 11-05 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations Section
2.4.4(E), "Expiration of Approvals", to provide for a longer expiration period for
Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary
Subdivision Plats. (Approved, 5-0)
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B. RESOLUTION NO. 8-05/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /1700 LAKE IDA ROAD: Consider approval of contract to sell City
owned property, 1700 Lake Ida Road, and Contract for Sale and Purchase between the
City and Crossroads Recovery Foundation, Inc. (CRC) in the amount of $1,000,000.00;
and approve Resolution No.8-OS. (Motion to approve contract with second deposit of
$90,000.00 due ten (10) days after contract approval; Approved, 4-1; Commissioner Levinson
dissenting)
C. ORDINANCE NO.6-OS (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
4.4.5 "Low Density Residential (RL) District", enacting performance standards and
providing for recreational areas for multi-family developments to mitigate the impacts
of additional density from a base density of three (3) units per acre to a maximum of six
(6) units per acre and changing review of site plans from the Planning and Zoning
Board to the Site Plan Review and Appearance Board or the Historic Preservation
Board. (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 Public.
12. FIRST READINGS:
A. ORDINANCE NO. 12-05: An ordinance amending Chapter 95, "Emergency
Management", Sections 95.05 through 95.13 to provide an updated ordinance regarding
emergency management. If passed, a public hearing will be scheduled for AprilS, 2005.
(Approved, 4-0; Commissioner McCarthy left dais)
B. ORDINANCE NO. 18-05: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", Section 35.097, "Retirement Income;
Basis, Amount, and Payment", of the City Code of Ordinances to provide for an option
of a 3% multiplier. If passed, a public hearing will be scheduled for AprilS, 2005.
(Approved, 5-0; Commissioner McCarthy returned to dais)
C. ORDINANCE NO. 19-05: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", Section 35.089, "Definitions", of the City
Code of Ordinances to provide for a revision in the definition of "Credited Service". If
passed, a public hearing will be scheduled for AprilS, 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: MARCH 11, 2005
****** Meeting adjourned at 8:21 p.m. ******
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