01-17-06 Agenda Results Reg
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
City Commission Meet RULES FOR PUBLIC PARTICIPATION ing
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, January 17, 2006
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: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed only when requested by a member of the City Commission.
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.
(Vice-Mayor Levinson noted Item 9.A, Conditional Use Request/Atlantic
Plaza, was withdrawn due to a request from the developer; Approved as amended, 4-0)
5.APPROVAL OF MINUTES:
?
December 13, 2005 – Regular Meeting (
Approved, 4-0)
?
January 3, 2006 – Regular Meeting (
Approved, 4-0)
?
January 10, 2006 – Special/Workshop Meeting (
Approved, 4-0)
6.PROCLAMATIONS:
A.Recognizing and Commending the Delray Rocks Football & Cheerleading Squads
B.Recognizing and Commending the Delray Rocks Football Coaches
C.Recognizing DIAL 2-1-1 Week – February 5-11, 2006
7.PRESENTATIONS:
A.Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
B.2005 Digital Cities Survey Award - Information Technology Division
C.Re-accreditation Award for the Parks and Recreation Department
D.Site Plan Review and Appearance Board (SPRAB) Awards
8.CONSENT AGENDA: City Manager Recommends Approval. (
Approved, 4-0)
A.FINAL SUBDIVISION PLAT APPROVAL/TURTLE BEACH PLAT: Approve
the minor subdivision plat for Turtle Beach, located on the east side of State Road A-1-
A, just south of Casuarina Road.
st
B.ACCEPTANCE OF RIGHT-OF-WAY DEED/527 N.W. 1 AVENUE: Approve
st
and accept a right-of-way deed associated with 527 N.W. 1 Avenue.
C.RESOLUTION NO. 4-06: Approve Resolution No. 4-06 assessing costs for
abatement action required to remove nuisances on ten (10) properties throughout the
City.
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D.BUDGET TRANSFER FROM CITY MANAGER’S CONTINGENCY TO
GRANT ACCOUNT/CHAMBER OF COMMERCE ECONOMIC
DEVELOPMENT: Approve a budget transfer from the City Manager’s Contingency
Account in the amount of $21,990.00 to the Chamber of Commerce Economic
Development Grant Account.
E.RESOLUTION NO. 5-06 (STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve Resolution No. 5-06
adopting the amended Local Housing Assistance Plan for Fiscal Years 2004-2007
pursuant to Title 67-37 of the Florida Administrative Code.
F.RESOLUTION NO. 6-06 (STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) HURRICANE HOUSING ASSISTANCE PLAN): Approve Resolution
No. 6-06 adopting the amended State Housing Initiatives Partnership (SHIP) Hurricane
Housing Assistance Plan for Fiscal Years 2005-2008 pursuant to Title 67-37 of the
Florida Administrative Code.
G.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 3, 2006 through January 13, 2006.
H.AWARD OF BIDS AND CONTRACTS:
1.Purchase award to Don Reid Ford in the amount of $13,635.00 via the Florida
Sheriff’s Association Bid #04-12-0823 Rollover for the purchase of one (1) 2006
Ford Taurus for the Fire-Safety Division. Funding is available from 001-2317-
522-64.20 (General Fund/Automotive).
2.Approve an emergency purchase order #632741 and award to McCourt North
Tennis in the amount of $25,000.00 for the resurfacing of seven (7) hard courts
at the Delray Beach Tennis Center. Funding is available from 001-4215-575-
46.90 (General Fund/Other Repair/Maintenance Costs).
3.Purchase award to Westco Turf Supply, Inc. in the amount of $21,333.00 via the
Florida State Contract #515-630-03-1 for the purchase of one (1) Toro
Groundsmaster 3505 Fine Cut Rotary Mower for the Parks Maintenance
Division. Funding is available from 001-4131-572-64.90 (General Fund/ Other
Machinery/Equipment).
4.Purchase award to Pitney Bowes in the amount of $27,286.00 via the Florida
State Contract Number 600-760-00-1 for the purchase of one (1) Pitney Bowes
Model DM 1000 Digital Postage Machine with a thirty (30) pound scale for City
Hall. Funding is available from 334-6112-519-64.90 (General Construction
Fund/Other Machinery/Equipment).
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9.REGULAR AGENDA:
A.CONSIDERATION OF A CONDITIONAL USE REQUEST/ATLANTIC
PLAZA: Consideration of a conditional use request to increase the building height to a
maximum of 60 feet and to allow a density increase above 30 dwelling units per acre for
Atlantic Plaza, a proposed mixed-use development, located at the intersection of N.E.
th
7 Avenue and Atlantic Avenue. (Quasi-Judicial Hearing) (WITHDRAWN DUE
TO A REQUEST FROM THE DEVELOPER)
B.CONDITIONAL USE EXTENSION REQUEST/BLOCK 77: Consider an
extension request for the conditional use approvals which allowed a building height of
60 feet for a 6-story mixed-use building (residential/retail) and which allowed the
residential units to exceed 30 units per acre for Worthing Place, located on the south
stnd
side of East Atlantic Avenue between S.E. 1 Avenue and S.E. 2 Avenue. (Quasi-
Judicial Hearing) (Motion to approve the conditional use extension request to be
valid until September 30, 2007;
Approved, 4-0)
C.DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT: Consider
approval of the Downtown Marketing Co-operative Agreement (formerly known as the
Joint Venture) with the City, Community Redevelopment Agency, Downtown
Development Authority, and the Chamber of Commerce. (
Approved, 4-0)
D.AGREEMENT/CGI COMMUNICATIONS, INC.: Consider approval of an
agreement with CGI Communications, Inc. to provide an online community video
program for the City.
(DEFERRED)
E.FUNDING REQUEST/RAINBOW TENNIS TOURNAMENT: Consider a
funding request from Mr. Yusuf Ahmed in the amount of $7,000.00 to help offset costs
of the Rainbow Tennis Tournament to be held February 17-19, 2006 at the Tennis
Center. Staff recommends denial.
(First motion to approve the funding request in the
amount of $3,000.00; Tie Vote, 2-2; Vice-Mayor Levinson and Commissioner Ellis dissenting.
Second motion to approve the event with a financial contribution of $500.00 from the City
Commission Event Account to show City support with direction for Brahm Dubin to assist
with identifying other sponsors; Approved, 4-0)
F.SPONSORSHIP REQUEST/NATURAL MEN AND NATURAL WOMEN
ORGANIZATION (NMANWO): Consider a sponsorship request from the Natural
Men and Natural Women Organization (NMANWO) for the North Florida/South
Florida All Stars football game which was held on December 31, 2005; several of the
Delray Rocks Players and Coaches participated in the game. If approved, a funding
source will need to be identified.
(Motion to TABLE; Approved, 4-0)
TH
G.SPONSORSHIP REQUEST/4 ANNUAL AFRICAN DIASPORA AWARDS
AND LUNCHEON 2006: Consider a request from Jane Bassa Tolliver to provide a
th
Bronze Sponsorship in the amount of $500 for the 4 Annual African Diaspora Awards
and Luncheon to be held on February 5, 2006. If approved, a funding source will need
to be identified.
(Motion to purchase a table; Approved, 4-0)
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H.APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for a three (3) year term ending
January 14, 2009. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4).
(Appointed Anthony Veltri and approved, 4-0)
I.APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) regular member to the Nuisance Abatement Board for an unexpired term ending
March 31, 2007. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4).
(Appointed Philip Friedman and approved, 4-0)
J.APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint three (3) regular members to the Parking Management Advisory
Board to represent: the Atlantic Avenue corridor between Swinton Avenue and the
Intracoastal, the Atlantic Avenue and State Road A1A corridors lying east of the
Intracoastal Waterway, and the Atlantic Avenue corridor between Swinton Avenue and
Interstate 95 for two (2) year terms ending January 31, 2008. Based upon the rotation
system, the appointments will be made by Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5).
(Appointed Jorge
Ramos and approved, 4-0; appointed Jeannette Dobson and approved, 4-0; Mayor Perlman’s
appointment was deferred until February 7, 2006)
K.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 an unexpired term ending
June 30, 2006. Based upon the rotation system, the appointment will be made by Mayor
Perlman (Seat #5).
(DEFERRED until February 7, 2006)
L.APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board for a two (2) year term ending December
13, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Ellis (Seat #1).
(Appointed Shelly Weil and approved, 4-0)
M.APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint one (1) regular member to the Public Employees Relations Commission
(PERC) for a four (4) year term ending January 29, 2010. Based upon the rotation
system, the appointment will be made by Commissioner Levinson (Seat #3).
(Appointed
Lorraine Kasper and approved, 4-0)
N.RECONSIDERATION OF THE POLICE ADVISORY BOARD
APPOINTMENTS: Reconsideration of the Police Advisory Board Appointments
that were approved at the December 13, 2005 Commission Meeting.
(Motion to TABLE
until February 7, 2006; Approved, 4-0)
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10.PUBLIC HEARINGS:
A.ORDINANCE NO. 1-06: Rezoning from POD (Professional Office District) to RM-
10 (Medium Density Residential-10 Units per acre) for a 1.77 acre parcel to be known as
Palm Trail Carriage Homes, 816 Palm Trail, located approximately 170 feet north of
George Bush Boulevard. (Quasi-Judicial Hearing) (
Approved, 3-0; Commissioner
Archer away from dais)
B.ORDINANCE NO. 2-06: Amendment to Land Development Regulations
Subsection 4.3.4(J), “Height”, by amending Paragraph 4.3.4(J)(1), “Defined”; Paragraph
4.3.4.(J)(3), “Exceptions to District Height Limitations”; Paragraph 4.6.18(B)(14)(i),
“Roofs and Gutters”; and Appendix “A”, “Definitions”; to allow and regulate parapets.
(
Approved, 4-0; Commissioner Archer returned to dais)
C.ORDINANCE NO. 3-06: Amendment to Land Development Regulations Section
4.6.9, “Off-Street Parking Regulations”, Subsection 4.6.9(C), “Number of Parking
Spaces Required” for the reservation of one (1) parking space per residential unit in
mixed-use developments utilizing the shared parking tables. (
Approved, 4-0)
D.ORDINANCE NO. 4-06: An ordinance amending Chapter 91, “Animals” of the
Code of Ordinances by amending Section 91.20, “Running at Large”, to clarify that “at
large” shall mean not under the direct control of owner whether on or off owner’s
property. (
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.
12.FIRST READINGS:
A.ORDINANCE NO. 8-06: An ordinance amending Chapter 71, “Parking
Regulations”, “General Provisions” of the Code of Ordinances by enacting Section
71.006, “Surcharge on Parking Fines”, to provide for a surcharge on parking fines to
fund the School Crossing Guard Program. If passed, a public hearing will be scheduled
for February 7, 2006. (
Approved, 4-0)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 8:11 p.m. ******
01-17-2006
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