04-18-06 Agenda Results Reg
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, April 18, 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 when agreed by consensus 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 Smith at 243-7010,
Phone: (561) 243-7000
24 hours prior to the event in order for the City to accommodate your request.
Fax: (561) 243-3774
Adaptive listening devices are available for meetings in the Commission
Chambers.
1.ROLL CALL.
(Commissioner Montague absent)
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Mayor noted the addition of Item 7.I, Western Senior/Community
Center Design Presentation, to the agenda by addendum; Additional information for Items 8.L.2,
Purchase award to Seating Constructors USA, Inc./Miller Park; Revised ordinance for Item 12.B;
Ordinance No. 23-06; Approved as amended, 4-0)
5.APPROVAL OF MINUTES:
?
April 4, 2006 – Regular Meeting
(Approved, 4-0)
?
April 11, 2006 – Special/Workshop Meeting
(Approved, 4-0)
6.PROCLAMATIONS:
A.Palm Beach International Film Festival Days – April 20-28, 2006
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B.Pine Grove Elementary School - 40 Anniversary
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C.Pinecrest Rehabilitation Hospital – 20 Anniversary
D.Victims’ Rights Week – April 24-28, 2006
E.Municipal Clerk’s Week – April 30 - May 6, 2006
7.PRESENTATIONS:
A.Employee Suggestion Awards to Robert Williamson, Robert Bullard, and Harold
Williams – Environmental Services Department
B.Recognition of Jhankar Gadkari, Rohit Nerurkar, Sonali Ajuja, and Kiran Kambhampati
- Rotary Group Study Exchange
C.Recognition of Vera Farrington – Palm Beach County Historical Society Award
D.Recognition of Gene Sapino – Police Officer of the Year
E.Recognition of John Callahan, III – Director of Delray Beach Library
F.First Night International Creative Programming Award for Bobcat Ballet; and Special
Recognition to John Arbeau and William “Bill” Luciano – Public Works Division
G.“Spotlight on Education” and Special Recognition – Betty Kennedy, Principal of
Morikami Park Elementary School
H.City of Delray Beach Residents’ Academy Certificates – Janet Meeks
I.Western Senior/Community Center Design Presentation
04-18-2006
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8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 4-0)
A.FINAL SUBDIVISION PLAT APPROVAL/CODA PLAT: Approve the
subdivision plat for a mixed-use development known as Coda (fka Lighthouse), located
ststnd
on the south side of S.W. 1 Street, between S.W. 1 Avenue and S.W. 2 Avenue.
1.RESOLUTION NO. 19-06: Approve Resolution No. 19-06 abandoning a 16’
wide unimproved alleyway right-of-way associated with Coda, a proposed
stst
mixed-use development, located south of S.W. 1 Street, between S.W. 1
nd
Avenue and S.W. 2 Avenue.
B.FINAL SUBDIVISION PLAT APPROVAL/MICHAEL’S WAY PLAT:
Approve the minor subdivision plat for Michael’s Way (fka Seagate Villas), located on
the northeast corner Sea Sage Drive and Bucida Road.
C.INTERLOCAL AGREEMENT/CITY OF BOYNTON BEACH: Approve an
Interlocal Agreement between the City and the City of Boynton Beach regarding
maintenance of the Lake Drive Bridge.
D.ACCEPTANCE OF RIGHT-OF-WAY DEED/RIGHT OF ENTRY
AGREEMENT/AMJAD HAMMAD: Approve and accept a right-of-way deed and
right of entry agreement between the City and Amjad Hammad associated with the
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S.W./N.W. 5 Avenue Project.
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E.ACCEPTANCE OF RIGHT-OF-WAY DEED/50 N.E. 5 AVENUE: Approve
and accept a right-of-way deed associated with Legacy Bank of Florida, located on the
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west side of N.E. 5 Avenue, 284 feet north of Atlantic Avenue (50 N.E. 5 Avenue).
F.REVISED RULES/PUBLIC ART ADVISORY BOARD:Approve the revised
rules of the Public Art Advisory Board as adopted by that board on March 27, 2006.
G.SUB-RECIPIENT FUNDING AGREEMENTS/DELRAY BEACH
COALITION FOR COMMUNITY RENEWAL: Approve and authorize the
execution of funding agreements in the total amount of $75,350.00 with two (2) sub-
recipients (Gulfstream Goodwill Industries and New Innovations) under the Delray
Beach Coalition for Community Renewal (fka Weed & Seed) Program. Funding is
available from 115-2126-521-31.90 (Special Projects Fund/Other Professional Services)
and 001-4105-572-34.90 (General Fund/Other Contractual Services).
H.CHANGE ORDER NO. 1/FINAL PAYMENT/ALMAZAN BROTHERS,
INC.: Approve Change Order No. 1 in the amount of a $42,131.00 decrease and final
payment in the amount of $12,813.90 to Almazan Brothers, Inc. for completion of the
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West Atlantic Avenue/N.W. 24 Avenue Intersection and Turn Lane Improvements
Project. Funding is available from 334-3162-541-53.90 (General Construction
Fund/Other Road Materials).
I.RESOLUTION NO. 20-06: Approve Resolution No. 20-06 supporting the Florida
Department of Community Affairs’ Communities for a Lifetime initiative.
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J.ACCEPTANCE OF EASEMENT DEED/S.W./N.W. 5 AVENUE: Approve
and accept an easement deed between the City and the Community Redevelopment
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Agency (CRA) to allow for the installation of a sidewalk as part of the S.W./N.W. 5
Avenue Project.
K.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 3, 2006 through April 14, 2006.
L.AWARD OF BIDS AND CONTRACTS:
1.Contract award to Murray Logan Construction, Inc. in the amount of
$17,000.00 via the Palm Beach County Contract #05118 for rehabilitation of
Lift Stations 23 and 90B. Funding is available from 442-5178-536-61.83
(Water/Sewer Renewal and Replacement Fund/Lift Station Rehabilitation).
2.Purchase award to Seating Constructors USA, Inc. in the amount of $50,111.69
via Florida State Contract #650-001-04-1 for the purchase of two (2) 10 row 27
foot bleachers for Little Fenway Field at Miller Park. Funding is available from
380-4150-572-63.81 (2004 G.O. Bond/Parks & Recreation/Improvements/
Other Parks Citywide) and 334-4151-572-63.81 (General Construction Fund/
Other Parks).
(Funds will be transferred from the Interest Earnings Account and the
Replace Playground Equipment Account)
3.Purchase award to Gametime in the amount of $100,268.03 via Florida State
Contract #650-001-04-1 for playground equipment for Knowles Park, Currie
Commons, and Anchor Park. Funding is available from 380-4150-572-63.81
(2004 G.O. Bond/Parks & Recreation/Improvements/Other Parks).
4.Bid award to Tanner Industries at an estimated annual cost of $28,000.00 via the
Palm Beach County Bid #06-034CB for the purchase of anhydrous ammonia.
Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
5.Purchase award to Americas Generators, Inc., as a sole source vendor, in the
amount of $45,539.90 for the purchase of five (5) 16 KW skid mounted
generators for the City’s utility system for hurricane response and recovery.
Funding is available from 441-5161-536-64.90 (Water & Sewer New Capital/
Other Machinery & Equipment).
6.Contract award to DCR Engineering Services, Inc. in the amount of
$102,712.55 for the purchase and installation of a replacement Fire Station
Alerting System for the Fire Department. Funding is available from 334-6112-
526-64.55 (General Construction Fund/Fire Station Alert System).
7.Purchase award in the total amount of $43,651.73 to Universal Signs &
Accessories and 3M Traffic Safety for the purchase of reflective material,
aluminum blanks, and sign posts as replacement stock for the City’s sign shop.
Funding is available from 001-3141-541-52.20 (General Fund/General
Operating Supplies).
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9.REGULAR AGENDA:
A.REQUEST FOR IN-LIEU PARKING SPACES/CAFÉ MOCHA: Consider a
request from Café Mocha for the purchase of two (2) in-lieu parking spaces in the
amount of $12,000.00. Café Mocha is located at 325 Pineapple Grove Way. (Quasi-
Judicial Hearing)
(Approved, 4-0)
B.RESOLUTION NO. 18-06 (MID-YEAR BUDGET ADJUSTMENT): Consider
approval of a resolution making mid-year adjustments to the adopted budget for FY
2006.
(Approved, 4-0)
C.PILGRIM BELLE CRUISES, LLC: Provide direction regarding a request from
Pilgrim Belle Cruises to pay dock space rental fees for the summer months and a five (5)
year extension to the current contract for dock space at Veteran’s Park.
(Motion to
approve contract extension of five (5) years contingent upon a new dinner cruise boat in place
by October, 2006; Approved, 4-0)
D.OFF SITE PARKING AGREEMENT/CITY LIMITS: Consider approval of an
Off Site Parking Agreement for the new City Limits Establishment which provides for a
minimum of twenty-three (23) spaces for use by City Limits, the spaces are located at 29
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N.E. 4 Avenue.
(Approved, 4-0)
E.CONTRACT TERMINATION AND RECOVERY OF COSTS/R&S
INTEGRATED, INC./EASYAGENDA: Consider approval of the cancellation of
the contract with R&S Integrated, Inc. for the purchase of the EasyAgenda software for
the paperless agenda and recovery of costs; and authorize staff to draft agreements and
releases for reimbursement to be executed by the City Manager.
(Approved, 4-0)
F.APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman and Vice-Chairman to the
Community Redevelopment Agency Board.
(Motion to DEFER until the May 2, 2006
Commission Meeting, Approved 3-0; Mayor Perlman filed Conflict of Interest and passed the
gavel to Vice-Mayor Ellis)
G.COMPLAINT FOR DECLARATORY JUDGMENT/FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF
RETIREMENT: Consider authorizing the City Attorney to file a Complaint for
Declaratory Judgment against the Florida Department of Management Services,
Division of Retirement regarding the Police & Fire Pension Plan.
(Approved, 4-0)
10.PUBLIC HEARINGS:
A.ORDINANCE NO. 14-06 (SECOND READING/SECOND PUBLIC
HEARING): Amendment to the Land Development Regulations (LDR) establishing a
six (6) month moratorium on demolitions, additions, and new construction in the City’s
five (5) Historic Districts.
(Approved, 3-1; Commissioner Levinson dissenting)
04-18-2006
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B.ORDINANCE NO. 21-06: An ordinance amending Land Development Regulations
(LDR) Section 2.4.3(K)(3), “Permit Fees”, to enact a new subsection (s) authorizing the
waiver of building permit fees for the installation of auxiliary power generators and fuel
systems in critical use groups and occupancies.
(Approved, 3-0; Commissioner Levinson
away from dais)
C.ORDINANCE NO. 6-06: An ordinance amending Ordinance No. 28-89, Section 5
to allow the addition of two self storage facility buildings totaling 17,700 square feet and
amending Land Development Regulations (LDR) Section 4.4.25(G), “S.A.D.s”,
Subsection (1) to reflect the name change to “United Stor-All”, located on the east side
of Military Trail approximately 2,450 feet south of Lake Ida Road.
(Approved, 4-0;
Commissioner Levinson returned to 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 Public.
12.FIRST READINGS:
A.ORDINANCE NO. 22-06: An ordinance amending Chapter 101, “Municipal Parks,
Beaches and Other Recreational Sites”, of the Code of Ordinances by amending Section
101.23, “Criminal Trespass”, to clarify that buildings shall include but not be limited to
lifeguard towers. If passed, a public hearing will be scheduled for May 2, 2006.
(Approved, 4-0)
B.ORDINANCE NO. 23-06: An ordinance amending Chapter 36, “Finance; City
Property Transactions”, of the Code of Ordinances by amending Section 36.01,
“Compliance with Standard Practice Instructions”, to provide that invitations to
negotiate are exempt from the requirements of Chapter 36. If passed, a public hearing
will be scheduled for May 2, 2006.
(Approved, 3-0; Mayor Perlman passed the gavel to Vice-
Mayor Ellis and left dais)
C.ORDINANCE NO. 24-06: An ordinance amending Chapter 35, “Employees Policies
and Benefits”, of the Code of Ordinances by amending Section 35.097, “Retirement
Income; Basis, Amount, and Payment”, to provide for payment of Lump-Sum
Distributions in excess of $1,000.00. If passed, a public hearing will be scheduled for
May 2, 2006.
(Approved, 3-0)
D.ORDINANCE NO. 25-06: An ordinance amending Chapter 33, “Police and Fire
Departments”, Subheading “Pensions” of the Code of Ordinances by amending Section
33.62, “Benefit Amounts and Eligibility”, to provide for payment of Lump-Sum
Distributions in excess of $1,000.00. If passed, a public hearing will be scheduled for
May 2, 2006.
(Approved, 3-0)
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13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 8:39 p.m. ******
04-18-2006
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