06-21-05 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, June 21, 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. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is en titled 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 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 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.H.5, Contract award to Brasco
International, Inc., to the Consent Agenda and Item 9.], Village of Wellington and the City of Delray
Beach v. Palm Beach County, to the Regular Agenda by addendum; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. June 7, 2005 - Regular Meeting (Approved, 5-0)
. June 14,2005 - Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending the De1ray Beach Youth Basketball Teams
7. PRESENTATIONS:
A. Hamlet Country Club support of Delray Fire-Rescue and Police Departments
B. Jennifer Rey, Aid to Victims of Domestic Abuse (AVDA) Teen Intervention Specialist
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RESOLUTION NO. 41-05/ ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a twelve (12) foot wide utility easement dedicated by
Deed, within the Plat of Bexley Park.
B. SERVICE AUTHORIZATION NO. 3/MATHEWS CONSULTING, INC.:
Approve Service Authorization No.3 to Mathews Consulting, Ine. in the amount of
$137,621.00 for design of infrastructure improvements for Country Club Acres First
and Second Addition. Funding is available from 441-5161-536-65.86 (Water/Sewer
Fund/Country Club Acres) and 334-3162-541-65.86 (General Construction Fund/
Country Club Acres).
C. RESOLUTION NO. 42-05/DIVISION OF FORESTRY 2005 EMERGENCY
HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY
GRANT: Approve Resolution No. 42-05 and authorize staff to submit an application
for the 2005 Emergency Hurricane Supplemental Urban and Community Forestry
Grant; and authorize the City Manager to enter into an Urban and Community Forestry
Grant Memorandum of Agreement if the grant is awarded.
D. TURTLE MONITORING CONTRACT /JOHN FLETEMEYER: Approve the
sea turtle monitoring contract renewal with Dr. John Fletemeyer through the 2007 turtle
nesting season in the annual amount of $38,750.00. Funding is available from 332-
4164-572-34.90 (Beach Restoration Fund).
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E. AGREEMENTS/LAKE IDA ROAD WALL: Approve agreements with eleven (11)
property owners along Lake Ida Road to allow the replacement of approximately 790
lineal feet of a six (6) foot wall and 160 lineal feet of an eight (8) foot wall along the
north side of Lake Ida Road.
F. CHANGE ORDER NO.1 (CONTRACT ADDITION)/CHAZ EQUIPMENT
CO., INC.: Approve Change Order No.1 (Contract Addition) between the City and
Chaz Equipment Co., Ine. in the amount of $73,035.00 for the Sandoway Lane Water
Main Upgrade Project. Funding is available from 442-5178-536-63.50 (Water/Sewer
Renewal & Replacement Fund/Water Mains).
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 6, 2005 through June 17, 2005.
H. AWARD OF BIDS AND CONTRACTS:
1. Bid award to BellSouth Communications Systems in the amount of $201,942.01
for a Nortel Option 11C PBX System to replace the existing Lucent phone
system and approve switching from T -1 service to a primary rate interface
agreement for line service at the Police Department. Funding is available from
334-6112-519-64.12 (General Construction Fund/Office Equipment).
2. Contract award to Wall Way USA, in the amount of $50,428.00 for the Lake Ida
Road Wall Replacement Project. Funding is available from 119-4151-572-63.90
(Beautification Trust Fund/Lake Ida Road Wall/Other Improvements).
3. Contract award to MEF Construction, Ine. in the amount of $166,696.00 for the
High Point Water Main Interconnect Project. Funding is available from 442-
5178-536-65.29 (Water/Sewer Renewal & Replacement Fund/High Point
In terconnect).
4. Contract award to Kirms Communications, Ine. in the amount of $18,400.00 to
replace and install two (2) Police Department radio tower antennas that were
damaged during the 2004 hurricane season. Funding is available from 551-
1575-591-45.50 (Business Insurance Fund/Property Claims).
5. Contract award to Brasco International, Ine. in the amount of $185,937.00 for
the purchase and delivery of forty-seven (47) bus shelters for the Citywide Bus
Shelter Project. Funding is available from 334-3162-544-65.70 (General
Construction Fund/Transit Stop Bus Shelters).
9. REGULAR AGENDA:
A. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY /PROJECT MANAGEMENT SERVICES: Consider approval of an
Interlocal agreement between the City of Delray Beach and the Community
Redevelopment Agency (CRA) for In-House Project Management Services. (Approved,
4-0; Mayor Perlman ftied Conflict of Interest, left dais, and passed the gavel to Vice-Mayor
Levinson)
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B. SPECIAL EVENT REQUEST /SUMMER NIGHTS: Consider approval of a
special event request for the Summer Nights on the Avenue 2005 program, granting a
temporary use permit per LDR Section 2.4.6(H) for use of City property and right-of-
way at various locations, staff support for security and traffic control, street barricade
set up/removal, stage set up/use and removal, and trash clean up/removal, with
payment to the City for overtime costs per the special event agreement with the Joint
Venture. (Approved, 4-1; Mayor Perlman returned to dais; Commissioner Levinson dissenting)
C. SPECIAL EVENT REQUEST /DADA'S RESTAURANT 5 YEAR
ANNIVERSARY CELEBRATION: Consider approval of a special event request
for Dada's 5 Year Anniversary Celebration to be held on Saturday, July 5, 2005 from
7:00 p.m. to 12:30 a.m., waiver of LDR Section 2.4.6(H) for use of N.W. 1st Street from
Swinton Avenue to N.W. 1st Avenue; staff support for security and traffic control, street
barricade set up / removal, and trash clean up / removal. Staff recommends denial.
(Motion to approve event request subject to conditions in staff memo; Approved, 5-0)
D. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of
Cities' 79th Annual Conference to be held at the Orlando World Center Marriott in
Orlando, Florida on August 18-20, 2005. (Motion to designate Commissioner Ellis as
voting delegate; Approved, 5-0)
E. 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). (Appointed Emily Dobard and approved, 5-0)
F. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint four (4) members to the Community Redevelopment Agency (CRA) for four
(4) year terms ending July 1, 2009. Based upon the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4),
Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2). (Appointed Evelyn
Dobson and approved, 4-0; appointed James Shuler and approved, 4-0; Mayor Perlman filed
Conflict of Interest, left dais, and passed the gavel to Vice-Mayor Levinson; Commissioner
McCarthy and Commissioner Levinson deferred their appointments until July 5, 2005)
G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4)
year term ending July 14, 2009. Based upon the rotation system, the appointment will
be made by Commissioner Levinson (Seat #3). (Appointed Angela Randolph and
approved, 5-0; Mayor Perlman returned to dais)
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H. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint four (4) regular members to the Downtown Development
Authority (DDA) for three (3) year terms ending July 1, 2008 and one (1) regular
member for an unexpired term ending July 1, 2006. Based upon the rotation system,
the appointments will be made by Commissioner Ellis (Seat #1), Commissioner Archer
(Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and
Mayor Perlman (Seat #5). (Appointed David Beale and approved, 5-0; appointed Louis
Carbone and approved, 5-0; appointed Richard McGloin and approved, 5-0; appointed Janet
Onnen and approved, 5-0; and appointed Richard Sheremeta and approved, 5-0)
1. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council for an
unexpired term ending October 31, 2007 for Zone Two. Based upon the rotation
system, the appointment will be made by Commissioner Ellis (Seat #1). (Appointed
Stephen Lampel and approved, 5-0)
J. VILLAGE OF WELLINGTON AND THE CITY OF DELRAY BEACH v.
PALM BEACH COUNTY: Authorization to join in the appeal of the Village of
Wellington and the City of Delray Beach, et al. v. Palm Beach County regarding
voluntary annexation procedures and authorization to spend $10,000.00 on the appeal,
if one is filed. (Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 39-05 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations
(LDR), Section 4.4.21, "Community Facilities (CF)", to add senior housing as a
conditional use in the CF (Community Facilities) District; amending Section 4.3.3
"Special Requirements for Specific Uses", to provide specific regulations for "Senior
Housing" and Appendix "A", "Definitions" to provide a definition for Senior Housing.
(Approved, 5-0)
B. ORDINANCE NO. 35-05: Rezoning from R-1-A (Single Family Residential) to CF
(Community Facilities) associated with the establishment of a Senior Housing Facility at
the La France Hotel, located on the west side of N.W. 4th Avenue, approximately 80
feet south of Martin Luther King Jr. Drive (N.W. 2nd Street). (Quasi-Judicial
Hearing) (Approved, 4-0; Mayor Perlman filed Conflict of Interest, left dais, and passed the
gavel to Vice-Mayor Levinson)
1. CONDITIONAL USE REQUEST /LA FRANCE HOTEL: Consider a
request to allow the establishment of a Senior Housing Facility which includes
the conversion of and a two (2) story addition to the La France Hotel, an
existing boarding house, to accommodate eight (8) efficiency units and six (6) 1-
bedroom units, located on the west side of N.W. 4th Avenue between N.W. 1st
Street and Martin Luther King, Jr. Drive (N.W. 2nd Street). (Quasi-Judicial
Hearing) (Approved, 4-0; Mayor Perlman flied Conflict ofInterest)
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C. ORDINANCE NO. 40-05 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations
(LDR), Section 4.4.18(B)(4), "Planned Commerce Center (pCC)" Zoning District, to
add vocational and commercial schools within the Service Industry land use category of
the Planned Commercial Center (pCC) Zoning District and add Section 4.4.18(E)(5) to
provide supplemental regulations regarding vocational schools. (Approved, 5-0; Mayor
Perlman returned to dais)
D. ORDINANCE NO. 34-05: Privately initiated small scale Future Land Use Map
(FLUM) Amendment from OS (Open Space) to LD (Low Density Residential 0-5
dwelling units per acre) and rezoning from OSR (Open Space and Recreation) to R-1-A
(Single Family Residential) for a 0.978 acre parcel ofland located south of West Atlantic
Avenue, approximately 2,000 feet west of Homewood Boulevard within the Hamlet
Residential Development. (Quasi-Judicial Hearing) (Approved, 5-0)
E. RESOLUTION NO. 40-05: Consider approval of Resolution No. 40-05 authorizing
the City to purchase property located at 850 North Congress A venue to provide land
for a Senior/Community Center; and Contract for Sale and Purchase between the City
and Alzheimer's Disease and Related Disorders Association - Southeast Florida
Chapter, Ine., D /B / A Alzheimer's Association Southeast Florida Chapter in the
amount of $4,750,000.00. (Approved, 5-0)
F. ORDINANCE NO. 41-05: An ordinance amending Chapter 100, "Nuisances", of the
Code of Ordinances, by amending Section 100.01, "Existence of Weeds, Trash, and
Vegetation Upon Lands Prohibited", to provide that vegetation or trees which interfere
with traffic flow, safety, or utilities are a nuisance; and to provide for enforcement.
(Approved, 4-0; Commissioner McCarthy away from dais)
G. ORDINANCE NO. 42-05: City initiated amendment to Land Development
Regulations (LDR), Appendix "A", "Definitions", to enact a new definition of
"Restaurant". (Approved, 4-0; Commissioner McCarthy away from dais)
H. 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. (Approved, 4-0; Commissioner McCarthy
away from dais)
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.
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12. FIRST READINGS:
A. ORDINANCE NO. 45-05: An ordinance amending Chapter 113, "Alcoholic
Beverages", of the Code of Ordinances, by enacting Section 113.21, "Patron Age
Restriction" to prohibit individuals under the age of twenty-one (21) from entering
alcoholic beverage establishments. If passed, a public hearing will be scheduled for July
5,2005. (Approved, 5-0; Commissioner McCarthy returned to dais)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JUNE 17, 2005
****** Meeting adjourned at 7:55p.m. ******
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