05-17-05 Agenda Results-Regular
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, May 17, 2005 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. ... . .. . .
Commission Chambers A. Pubhc Heanngs: Any citizen is entitled to speak on items under thiS
D I B h C· H II section.
e ray eac Ity a
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: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be at the specific request of individual City Commission members.
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
100 NW 1st Avenue record.
DeIray 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 pnor to the event m order for the City to accommodate your
request. Adaptive listenmg devices are available for meetmgs m 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.Q, Police Executive Research Forum
(PERF) Proposal, to the Regular Agenda by addendum; Item 8.A, Resolution No. 30-05/ Abandonment
of Easement, was pulled from the agenda due to a request from the applicant; Item 9.E, Clear Channel
Outdoor Request, was pulled from the Agenda at the request of the applicant; Commissioner Levinson
requested Item, 8.1, Special Event Request/2nd Annual All America Duck Derby, be moved to the
Regular Agenda as Item 9.A.1; Additional information for Items 9.], Tripartite and Interlocal Funding
Agreement/School District of Palm Beach County, Palm Beach County, and City/Regarding Atlantic
Community High School Campus Conversion; and Item 10.B, Ordinance No. 27-05; staff requested that
Item 12.A, Ordinance No. 38-05, be removed from the agenda; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. May 3, 2005 - Regular Meeting (Approved, 5-0)
. May 10, 2005 - Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Student Ambassadors: Danielle Birney, Jessica Crowel, Ray Feran,
Roumen Iordanov, Reynold Urias, Julia Yip, and Lukas Jaworski
B. Magnet School of Distinction - Morikami Park Elementary School
C. Top Montessori School- S.D. Spady Elementary School
D. 18th Best High School in the United States - Atlantic Community High School
E. National Safe Boating Week - May 21-27,2005
F. Code Enforcement Officers' Appreciation Week - June 6-10, 2005
G. Office Depot Hazard Fair Day - May 20, 2005
H. Elder Law Month - May, 2005
7. PRESENTATIONS:
A. "Spotlight on Education" - Carole Shetler, South Area Superintendent
B. Awards Presentation - Historic Preservation Month Poster Contest
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RESOLUTION NO. 30-05/ ABANDONMENT OF EASEMENT:
Approve Resolution No. 30-05 abandoning a portion of the east-west alley and north-
south alley within Block 77, Town of Linton (Delray) Plat associated with the Worthing
Place Development; located between S.E. 1st Avenue and S.E. 2nd Avenue and S.E. 1st
Street and Atlantic A venue. (PULLED due to a request from the applicant)
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B. FINAL BOUNDARY PLAT APPROVAL/WORTHING PLACE BLOCK 69
PLAT: Approve the boundary plat for Worthing Place Block 69, located on the west
side of S.E. 1st Avenue, between Atlantic Avenue and S.E. 1st Street.
C. FINAL BOUNDARY PLAT APPROVAL/WORTHING PLACE BLOCK 77
PLAT: Approve the boundary plat for Worthing Place Block 77, located between S.E.
1 st A venue and S.E 2nd A venue and Atlantic A venue and S.E. 1 st Street.
D. RESOLUTION NO. 28-05: Approve Resolution No. 28-05 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
217 N.E. 10th Street.
E. RESOLUTION NO. 29-05: Approve Resolution No. 29-05 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
103 N.W. 3rd Avenue.
F. ACCEPTANCE OF EASEMENT DEED/DELRAY INN: Approve and accept
an easement deed providing a 4.5' wide by 30' long easement adjacent to northbound
Federal Highway, as part of the development approval of the Delray Inn Project, to be
used for the installation of a bus shelter, located along North Federal Highway.
G. CONSENT TO ASSIGNMENT/LAWSON, NOBLE & WEBB, INC.: Approve
Consent to Assignment with Lawson, Noble & Webb, Inc., which merged with Arcadis
G & M, Inc., for general consulting engineering services.
H. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the
Florida State Department of Environmental Protection's Recreation Development
Assistance Program for funding in the amount of $200,000.00 for the renovation of
Lake Ida Park.
1. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
J. AMENDMENT /TICKETMASTER L.L.c. AGREEMENT /FED CUP:
Approve an amendment to the Ticketmaster Agreement between the City and
Ticketmaster L.L.c. to provide that all proceeds received from the Fed Cup ticket sales
shall be paid directly to the United States Tennis Association (USTA) Fed Cup box
office.
K. CONTRACT ADDITION (CHANGE ORDER NO. l)/OVERHOLT
CONSTRUCTION CORPORATION: Approve a Contract Addition (Change
Order No.1) between the City and Overholt Construction Corporation in the amount
of $217,930.00 for the Delray Swim and Tennis Center Clubhouse Project. Funding is
available from 380-4150-572-62.60 (2004 G.O. Bond/Delray Swim and Tennis) and
117-4133-572-63.90 (Recreation Impact Fee/Other Improvements).
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L. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's Services Council (CSC)
for funding in the approximate amount of $293,298.00 for the City's out of school
program, day camps, and summer camp programs.
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 2,2005 through May 13, 2005.
N. AWARD OF BIDS AND CONTRACTS:
1. Bid award to various vendors for pipe fittings at an annual cost of $202,586.06.
Funding is available from various departmental operating budgets.
9. REGULAR AGENDA:
A.l. SPECIAL EVENT REQUEST /2ND ANNUAL ALL AMERICA DUCK DERBY:
Consider approval of a special event request to allow the 2nd Annual All America Duck
Derby, sponsored by the Sunrise Rotary Club of Delray Beach, to be held November
19, 2005 from 11:00 a.m. until 5:00 p.m. at Veteran's Park, including temporary use
permit per LDR Section 2.4.6(H) for the use of Veteran's Park and the parking lot, and
authorize staff support for security and traffic control, barricade set-up/removal, trash
removal and clean up, with event signage to be installed no earlier than November 10,
2005; contingent on the sponsor providing a hold harmless agreement and receipt of
the Coast Guard approval one week before the event. (Approved, 4-1; Commissioner
Levinson dissenting)
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION /INTERSTATE SIGNCRAFTERS: Consider an appeal of the Site
Plan Review and Appearance Board's decision regarding an exception to the Master
Sign Program for Subway, located at 660 Linton Boulevard. (Quasi-Judicial Hearing)
(Motion to remand back to the Site Plan Review and Appearance Board; Approved 5-0)
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION /GRAMERCY SQUARE: Consider an appeal of the Site Plan Review
and Appearance Board's decision regarding the request for internal adjustment to
reduce the required 25' first/second-floor side street building setback from the street
system/access tract {LDR Section 4.3.3(O)(3)(b), "Setbacks"} for Gramercy Square,
pursuant to LDR Section 2.4.7(C)(5), "Internal Adjustment Findings". (Quasi-Judicial
Hearing) (Motion to approve the appeal; Approved, 5-0)
C. 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), "Waiver Findings". (Quasi-
Judicial Hearing) (Approved, 5-0)
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D. RECONSIDERATION OF CONDITION OF APPROV AL/lN -LIEU
PARKING/HI EAST ATLANTIC AVENUE (TRAMONTI'S RESTAURANT):
Reconsider a condition of approval for In-Lieu parking spaces granted to 111 East
Atlantic Avenue (Tramonti's Restaurant). (Quasi-Judicial Hearing) (Motion to rescind
the condition of approval related to the off-site parking agreement; Approved, 5-0)
E. CLEAR CHANNEL OUTDOOR REQUEST: Consider a request by Clear
Channel Outdoor to reduce the local billboards in exchange for four (4) new I-95
locations. Staff recommends denial. (PULLED due to a request from the applicant)
F. YOUTH COUNCIL SCHOLARSHIP REQUIREMENTS: Consider approval of
the proposed Youth Council Scholarship Requirements. (Approved, 5-0)
G. AGREEMENT/COLETTA AND COMPANY, INC./CULTURAL PLAN:
Consider approval of an agreement with Coletta and Company, Inc. (CCI) for the
development of a cultural plan for the City; the City shall pay CCI $50,000.00 plus a
maximum of $6,000.00 for travel expenses. (Approved, 5-0)
H. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA)/CULTURAL PLAN: Consider approval of an Interlocal
Agreement with the Community Redevelopment Agency (CRA) for funding of a
Cultural Plan developed by Coletta and Company (CCI) which the CRA will provide
funding to the City in the amount of $25,000.00 plus travel expenses not to exceed
$3,000.00. (Approved, 4-0; Mayor Perlman filed Conflict of Interest, left dais, and passed the
gavel to Vice-Mayor Levinson)
1. RESOLUTION NO. 31-05: Consider approval of Resolution No. 31-05 authorizing
the Community Redevelopment Agency (CRA) to acquire property located at 133 N.W.
5th Avenue by gift, purchase, or eminent domain for the redevelopment of N.W./S.W.
5th Avenue. (Approved, 4-0; Mayor Perlman filed Conflict ofInterest)
J. TRIPARTITE AND INTERLOCAL FUNDING AGREEMENT /SCHOOL
DISTRICT OF PALM BEACH COUNTY, PALM BEACH COUNTY, AND
CITY /REGARDING ATLANTIC COMMUNITY HIGH SCHOOL CAMPUS
CONVERSION: Consider approval of the Tripartite and Interlocal Agreement
between the School District of Palm Beach County, the City, and Palm Beach County
for funding of the development of a Master Plan for the Atlantic Community High
School Campus Conversion. (Approved, 5-0; Mayor Perlman returned to dais)
K. TERMINATION OF INTERLOCAL AGREEMENT /CITY OF BOCA
RATON/FIRE TRAINING FACILITY: Consider approval of termination of the
Interlocal Agreement, dated August 24, 2004, with the City of Boca Raton for the fire
training facility. (Approved, 5-0)
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L. OFFER OF JUDGMENT /PROPOSAL FOR SETTLEMENT IN CHARLES
AND ELINOR MELL v. CITY OF DELRAY BEACH AND FLORIDA EAST
COAST RAILWAY: Consider approval of an Offer of Judgment/Proposal for
Settlement in the total amount of $3,500.00 in Charles and Elinor Mell v. City of Delray
Beach and Florida East Coast Railway. (Approved, 4-0; Commissioner Archer left dais)
M. DEMAND FOR JUDGMENT IN FREEDMAN v. CITY OF DELRAY
BEACH: Consider a Demand for Judgment in the total amount of $55,000.00 in
Freedman v. City of Delray Beach. Staff recommendation is acceptance. (Approved, 5-
0; Commissioner Archer returned to dais)
N. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular
member to the Civil Service Board for an unexpired term ending July 1, 2006. Based
upon the rotation system, the appointment will be made by Commissioner McCarthy
(Seat #4). (Deferred to June 7,2005)
O. 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). (Appointed Melvin Sacharow and approved, 5-0)
P. MALKEMES PROPERTY: Provide direction concerning a letter received regarding
the acquisition of the Malkemes Property. (Commission provided direction to staff)
Q. POLICE EXECUTIVE RESEARCH FORUM (PERF) PROPOSAL: Consider
approval of the Police Executive Research Forum (PERF) Proposal regarding the
review of the City's use-of-force policies and training for the Police Department.
(Motion to approve proposal; Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 28-05 (SECOND READING/SECOND 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. (Approved, 5-0)
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. (Approved, 5-0)
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. (Approved, 5-0)
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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. 38-05: City initiated amendment to Land Development
Regulations (LDR), Section 4.5.3, "Flood Damage Control Districts" and Appendix
"A", "Definitions", to provide for a definition of "Lowest Floor" to comply with
National Flood Insurance Program Regulations. If passed, a public hearing will be
scheduled for June 7, 2005. (PULLED due to a request from staff)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MAY 13, 2005
****** Meeting adjourned at 8:26 p.m. ******
05-17-2005
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