05-03-05 Agenda Results-Regular
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
City Commission Meeting 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, May 3, 2005
Generally, remarks
and the right to limit discussion rests with the Commission.
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.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
A.
Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
section.
Delray Beach City Hall
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
The City will furnish auxiliary aids and services to afford an individual with a
Delray Beach, Florida 33444
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-
Phone: (561) 243-7000
7127, 24 hours prior to the event in order for the City to accommodate your
Fax: (561) 243-3774
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1.ROLL CALL.
(Mayor Perlman absent)
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Commissioner Levinson noted additional information for Items 8.C,
Special Event Request/4 of July; 9.E, Rejection of Bids/Purchase Award/Bus Shelters Project; and
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9.G, Amendment No. 1 License Agreement/Pilgrim Belle Cruises, LLC; the addition of Item 6.D,
Distinguished Mothers of the Year Proclamation; Item 8.C, Special Event Request/4 of July was
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moved to the Regular Agenda as Item 9.A; Item 9.A, Waiver Request/Gramercy Square, was pulled
from the Agenda at the request of the applicant; Approved as amended, 4-0)
5.APPROVAL OF MINUTES:
?
April 19, 2005 – Regular Meeting (
Approved, 4-0)
6.PROCLAMATIONS:
A.Drive to Support the Arts Month – May 2005
B.National Preservation Month – May 2005
C.Neurofibromatosis Awareness Month – May 2005
D.Distinguished Mothers of the Year
7.PRESENTATIONS:
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A.16 Annual Delaire/Delray Citizens for Delray Police - Charity Golf Tournament –
Perry DonFrancisco
B.Police Department’s Youth Vocational Charter School Presentation - First Presbyterian
Church
8.CONSENT AGENDA: City Manager Recommends Approval. (
Approved as amended, 4-0)
A.RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarter Annual Meeting of April 21, 2005.
B.RIGHT OF ENTRY AGREEMENTS AND EASEMENT DEEDS/HIGH
POINT: Approve and accept right of entry agreements and easement deeds to allow
the City to go onto certain common areas of High Point West, Sections 2 and 3 to
install a water main to increase the fire flow capacity.
C.MOVED TO REGULAR AGENDA AS ITEM 9.A.A
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D.SPECIAL EVENT REQUEST/HOWARD ALAN 11 ANNUAL DELRAY
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BEACH CRAFT FESTIVAL: Approve a special event request for the 11 annual
Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from
10:00 a.m. until 5:00 p.m. on September 24 and September 25, 2005, granting a
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temporary use permit per LDR Section 2.4.6(H) for the closure of N.E./S.E. 4
Avenue, two blocks south of Atlantic Avenue, and the Vittorio’s parking lot for vendor
parking, and authorize staff support for police security with the sponsor paying all
overtime costs; contingent upon receipt of certificate of liability insurance.
E.SPECIAL EVENT REQUEST/2005 EXCLUSIVE SPORTS MARKETING
VOLLEYBALL TOURNAMENT:Approve a request from Exclusive Sports
Marketing for the 2005 Exclusive Sports Marketing Volleyball Tournament to be held at
the municipal beach on June 11 and 12, 2005.
F.CHANGE ORDER NO. 1/FINAL PAYMENT/CONSTRUCTION QUALITY
CONTROL, INC.: Approve Change Order No. 1 in the amount of an $864.52
decrease, and final payment in the amount of $9,812.15 to Construction Quality
Control, Inc. for construction of the Delray Swim and Tennis Storage Building Project.
Funding is available from 117-4133-572-62.10 (Recreation Impact Fee Fund/Buildings).
G.CHANGE ORDER NO. 1/FINAL PAYMENT/COLONNA
CONSTRUCTION CO., INC.: Approve Change Order No. 1 in the amount of a
$44,893.09 decrease, and final payment in the amount of $12,670.75 to Colonna
Construction Co., Inc. for the 2002 Sidewalk Improvement Program Project. Funding
is available from 334-3162-541-65.61 (General Construction Fund/Downtown
Pedestrian Network).
H.GRANT APPLICATION/PALM BEACH COUNTY PUBLIC LANDS
GRANT PROGRAM: Approve the application for a 50%/50% matching grant in the
estimated amount of $14,860.00 for the Palm Beach County Public Lands Grant
Program for the removal of exotics and invasive vegetation at Barwick Park. Funding is
requested from the 2005-2006 operating budget.
I.HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve
Housing Rehabilitation grant/contract award through the Community Development
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Division in the amount of $24,932.25 to South Florida Construction (925 S.W. 10
Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
J.PALM BEACH COUNTY AGREEMENT/FED CUP: Approve an agreement
with the Palm Beach County Board of County Commissioners for the reimbursement
of funds to the City in an amount up to $40,000.00 for expenses incurred by the City
for the Fed Cup.
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K.PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES:
Approve the application for a non-matching grant to the Palm Beach County
Department of Emergency Medical Services in the amount of $41,199.50 to upgrade
eight (8) Zoll M Series defibrillator/monitors and the purchase of two (2) AED’s for
the Fire-Rescue Department and approve Resolution No. 27-05.
L.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 18, 2005 through April 29, 2005.
M.AWARD OF BIDS AND CONTRACTS:
1.Contract award to Hartzell Construction, Inc. in the amount of $177,157.00 for
the Southwest Area Sidewalk Project. Funding is available from 118-1965-554-
63.11 (Community Development Fund/Southwest Area Sidewalk).
2.Contract award to Ranger Construction, Inc. in the amount of $112,948.50 for
the 2005 Street Resurfacing Project. Funding is available from 334-3162-541-
61.17 (General Construction Fund/2005 Resurfacing).
3.Purchase award to A2000 Network Solutions, Inc. in the amount of $24,650.00
via the State Contract #250-000-03-1 for the purchase of switches and fiber
connections to activate the fiber optic cables per the Adelphia Dedicated
Capacity Agreement. Funding is available from 334-6111-521-64.11 (General
Construction Fund/Computer Equipment).
4.Purchase award to Hector Turf in the amount of $17,019.74 via the Florida
State Contract #515-630-03-1 for the purchase of a Toro Groundsmaster 328-D
Mower for the turf maintenance of the new park facilities. Funding is available
from 001-4138-572-64.90 (General Fund/Other Machinery/Equipment).
9.REGULAR AGENDA:
A.WAIVER REQUEST/GRAMERCY SQUARE: Consider a waiver request to waive
Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), “Paving Widths”, to
reduce the required minimum paving width for an interior road from 24’ to 20’ for
Gramercy Square, pursuant to LDR Section 2.4.7(B)(5), “Findings”. (Quasi-Judicial
Hearing)
(PULLED due to a request from applicant)
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A.A SPECIAL EVENT REQUEST/4 OF JULY: Approve a special event request for
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the 4 of July Celebration event to be held from noon until 12:00 midnight, including a
temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue
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from the east side of N.E./S.E. 6 Avenue to Ocean Boulevard, and from the south
side of Thomas Street to the north side of Miramar on Ocean Boulevard, waiver of City
Ordinances 101.25 and 101.32 to allow assembly on the beach and vendors on A1A;
and to allow all beach parking lots to remain open until midnight, staff support for
security and traffic control, street barricading, banner hanging, stage set up/use, and
clean up/trash removal.
(Approved 3-1; Commissioner Levinson dissenting)
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B.CONDITIONAL USE REQUEST/EBENEZER WESLEYAN METHODIST
CHURCH: Consider a request for conditional use approval to allow the relocation
and construction of a new 214 seat sanctuary for Ebenezer Wesleyan Methodist
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Church, located on the east and west sides of S.W. 6 Avenue, north of S.W. 2 Street.
(Quasi-Judicial Hearing)
(Motion to approve subject to conditions in the Staff Report;
Approved, 4-0)
C.WAIVER REQUEST/EBENEZER WESLEYAN METHODIST CHURCH:
Consider a waiver request to waive Land Development Regulations (LDR) Section
4.6.9(D)(3)(c)(1), “Stacking Distance”, to reduce the required parking lot stacking
distances associated with the construction of a new 214 seat sanctuary for Ebenezer
Wesleyan Methodist Church. (Quasi-Judicial Hearing) (
Approved, 4-0)
D.CULTURAL PLAN PROPOSAL: Consider approval of the new proposal for a
cultural plan for the City and provide direction to staff. (
Consensus of Commission to
move forward with the cultural plan proposal with staff contacting CRA regarding a financial
contribution; and Staff to bring back agreement with caveat that Commission can add to list of
interviewees for the development of the Cultural Plan; Approved, 4-0)
E.REJECTION OF BIDS/PURCHASE AWARD/BUS SHELTERS PROJECT:
Consider rejection of all bids received for the Bus Shelter Design/Build Project due to
receiving bids out of scale and significantly in excess of the project budget; and provide
direction regarding purchasing and installing 47 bus shelters. (
Motion to reject bids;
Approved, 4-0. Direction to staff to move forward with purchasing ordinance waiver and re-
bid installation of shelters.)
REQUEST FOR FUNDING/ATLANTIC HIGH SCHOOL: Consider a request
F.
from Kathleen Weigel, Principal of Atlantic High School, to subsidize the athletic
insurance fee for 100 students. Funding is available from 001-1111-511-48.10 (General
Fund/Special Events). (
Motion to approve staff recommendation of $3,000; Approved, 4-0)
G.AMENDMENT NO. 1/LICENSE AGREEMENT/PILGRIM BELLE
CRUISES, LLC: Consider approval of Amendment No. 1 to the license agreement
with Pilgrim Belle Cruises, LLC to allow the Pilgrim Belle to continue to vacate the
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dock from June 1 through September 15 and the City will be allowed to lease the
dock space unless the Pilgrim Belle pays the required monthly fee. (
Motion to approve
Amendment No. 1 as amended; Approved, 4-0)
H.APPOINTMENT OF OUTSIDE COUNSEL/STEVENS, BROWN, AND
MILLER CLAIMS/CASES: Consider approval of outside counsel, Fred Gelston,
Esq., for the Paul Stevens, Antonio Brown, and Jerrod Miller cases. (
Approved, 4-0)
I.TERMINATION OF LICENSE AGREEMENT/WORLDWIDE
ENTERTAINMENT, INC.: Consider authorizing staff to terminate the license
agreement with Worldwide Entertainment, Inc. with the City retaining the $50,000.00
security deposit for failure to fulfill the obligations of the agreement for the promotion
of concerts at the Delray Stadium. (
Approved, 4-0)
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J.PROPOSAL FOR SETTLEMENT IN LEVENE v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the total amount of $12,000.00 in
Howard and Carole Levene v. City of Delray Beach. Staff recommendation is denial.
(
Motion to approve settlement; DENIED, 4-0)
K.APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board for an unexpired term ending July 31, 2005. Based
upon the rotation system, the appointment will be made by Commissioner McCarthy
(Seat #4). (
Appointed Paul Seal and approved, 4-0)
L.APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police
and Firefighters Retirement System Board of Trustees for a two (2) year term ending
April 22, 2007. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4). (
Deferred to May 17, 2005 Regular Meeting)
10.PUBLIC HEARINGS:
A.RESOLUTION NO. 25-05:Approve Resolution No. 25-05 adopting the final
assessment roll, Seacrest/Del-Ida Special Assessment District. (
Approved, 4-0)
B.ORDINANCE NO. 26-05: An ordinance designating The Hartman House, located at
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302 N.E. 7 Avenue, to the Local Register of Historic Places. (
Approved, 4-0)
C.ORDINANCE NO. 28-05 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.20,
“Industrial (I) District”, Subsection 4.4.20(B), “Principal Uses and Structures
Permitted”, Paragraph (5), “Service Industry”, to add food preparation and/or
processing as a principal use. If passed, a second public hearing will be scheduled for
May 17, 2005. (
Approved, 4-0)
D.ORDINANCE NO. 25-05 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations Section
2.4.4(E), “Expiration of Approvals”, to specify that extensions of time granted pursuant
to Section 2.4.4(F)(4) shall not be deemed a previous extension. (
Approved, 4-0)
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.
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12.FIRST READINGS:
A.ORDINANCE NO. 29-05: Privately initiated amendment to Land Development
Regulations (LDR) Section 4.3.3(AAA)(1)(c) “Adult Gaming Center Requirements”, to
allow the use of gift certificates, gift cards, credit cards, or other cash substitutes for
payouts. If passed, a public hearing will be scheduled for May 17, 2005. (
Motion to
approve Ordinance No. 29-05; DENIED, 4-0)
B.ORDINANCE NO. 27-05: An ordinance amending the Code of Ordinances by
enacting Chapter 59, “Reclaimed Water”, to provide for guidelines regarding the use of
reclaimed water and amending Section 52.19, “Vegetation Water Meters”, to clarify the
use of vegetation water meters versus reclaimed water meters. If passed, a public
hearing will be scheduled for May 17, 2005. (
Approved, 3-0; Commissioner McCarthy away
from dais)
C.ORDINANCE NO. 30-05: An ordinance amending Chapter 35, “Employees Policies
and Benefits”, Subheading “Retirement Plans”, of the City Code of Ordinances, Section
35.089, “Definitions”, to revise the definition of “Credited Service” to provide for a
member who dies within thirty (30) days prior to attaining five (5) years of credited
service. If passed, a public hearing will be scheduled for May 17, 2005. (
Approved, 4-0;
Commissioner McCarthy returned to dais)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
POSTED: APRIL 29, 2005
****** Meeting adjourned at 8:58 p.m. ******
05-03-2005
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