05-02-06 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, May 2, 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.
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Mayor noted Revised Agreement for Item 8.P, Revised Downtown
Marketing Co-operative Agreement; Approved as amended, 5-0)
5.APPROVAL OF MINUTES:
?
April 18, 2006 – Regular Meeting (
Approved, 5-0)
?
April 20, 2006 – Special Meeting (
Approved, 5-0)
6.PROCLAMATIONS:
A.National Preservation Month – May 2006
B.Neurofibromatosis Awareness Month – May 2006
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C.Aid to Victims of Domestic Abuse (AVDA) – 20 Anniversary
D.National Day of Prayer – May 4, 2006
7.PRESENTATIONS:
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A.17 Annual Delaire/Delray Citizens for Delray Police Charity Golf Tournament
Presentation to Police and Fire-Rescue - Perry DonFrancisco
B.S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Presentation
C.Anti-Litter Poster Contest Winners
D.Miracle League Update – Jeff Kadel
1.TRI-PARTY OPERATING AGREEMENT/MIRACLE LEAGUE
FIELD: Approve a Tri-Party Operating Agreement between the City, Miracle
League of Delray Beach, Inc. (MLDB), and Anthony Pugliese, III as Trustee for
Anthony V. Pugliese, V for the Miracle League Field at Miller Park. (
Approved,
5-0)
E.Recognition of Jan Kucera Winney and Susan Isreal – Circle on the Square
F. “Delray Beach…Get Caught Reading” Awards – Commissioner Fred Fetzer; William
Fay, Jr., Principal, Banyan Creek Elementary School; Mary Stratos, Principal, Carver
Middle School; Maria Barber, Head Mistress, Unity School; and Annette Reizburg, Cold
Stone Creamery
G.“Principal of the Year” Awards – William Fay, Jr., Banyan Creek Elementary School;
Tammy Ferguson, Village Academy; and Lena Roundtree, Delray Full Service Center
H.Tom Bishop Music Award – Keary Pence, Carver Middle School
I.Bexley Park Site Plan Presentation – Tim Sharp, CH2M Hill, Inc.
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8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
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 20, 2006.
B.RESOLUTION NO. 22-06: Approve Resolution No. 22-06 assessing costs for
abatement action required to remove nuisances on four (4) properties throughout the
City.
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C.ACCEPTANCE OF RIGHT-OF-WAY DEED/114 N.E. 1 AVENUE: Approve
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and accept a right-of-way deed associated with the development of 114 N.E. 1 Avenue,
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located on the west side of N.E. 1 Avenue between N.E. 1 Street and N.E. 2 Street.
D.REQUEST FOR SIDEWALK DEFERRAL/508 NORTH SWINTON
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AVENUE: Approve a request to defer the installation of a sidewalk along N.W. 1
Avenue for 508 North Swinton Avenue. Staff recommends approval.
E.GRANT APPLICATION/UNITED STATES FIRE ADMINISTRATION/
FIRE ACT GRANT: Authorize staff to submit a Fire Act Grant application to the
United States Fire Administration for funding in the amount of $84,925.00 with a 20%
local match of $21,231.00 from the City for the replacement of two (2) Special Events
Response vehicles.
F.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 $315,702.35 for the City’s out of school
program, day camps, and summer camp programs.
G.MOTOROLA SERVICE AGREEMENT: Approve an annual service agreement
with Motorola in the amount of $117,090.84 for service of the City’s portable radios
and the equipment used for the City’s 800 MHz dispatch system. Funding is available
from various departmental budgets.
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H.SPECIAL EVENT REQUEST/9 ANNUAL DOWNTOWN DELRAY
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CRAFT FESTIVAL: Approve a special event request for the 9 Annual Downtown
Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 27 and
May 28, 2006.
I.ADDENDUM NO. 1/FLORIDA COMMUNITIES TRUST (FCT) GRANT
CONTRACT: Approve Addendum No. 1 to the Florida Communities Trust (FCT)
Grant Contract which provides for an extension of the grant expiration date to August
31, 2006.
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J.REQUEST TO EXTEND CLOSING HOURS FOR SANDOWAY PARKING
LOT: Approve a request to extend the closing hours to 12:00 a.m. (midnight) at the
Sandoway Parking Lot on Friday, June 23, 2006 to accommodate the Atlantic High
School Class of 1976 Thirty Year Reunion.
K.AGREEMENT/PALM BEACH COUNTY/SOUTH COUNTY
COURTHOUSE GARAGE: Approve the renewal of the license Agreement between
the City and Palm Beach County for the utilization of the South County Courthouse
Garage on Thursday, Friday, and Saturday evenings and Sunday afternoons.
L.FINAL PAYMENT/RANDOLPH & DEWDNEY CONSTRUCTION, INC.:
Approve final payment in the amount of $32,697.97 to Randolph & Dewdney
Construction, Inc. for completion of the Fire Apparatus Maintenance Building Project.
Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings).
M.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT/
MEF CONSTRUCTION, INC.: Approve Change Order No. 1 (Contract Closeout)
in the amount of a $46,670.39 decrease and final payment in the amount of $33,737.48
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to MEF Construction, Inc. for completion of the S.W. 12 Avenue, S.W. 11 Avenue,
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and S.W. 3 Street Infrastructure Improvements Project. Funding is available from
442-5178-536-65.97 (Water/Sewer Renewal & Replacement Fund/Other
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Improvements/S.W. 12 Ave., S.W. 11 Ave., and S.W. 3 St.).
N.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT/
MEF CONSTRUCTION, INC./HIGH POINT WATER MAIN
INTERCONNECT: Approve Change Order No. 1 (Contract Closeout) in the
amount of a $10,413.04 decrease and final payment in the amount of $7,814.15 to MEF
Construction, Inc. for completion of the High Point Water Main Interconnect Project.
Funding is available from 442-5178-536-65.29 (Water/Sewer Renewal & Replacement
Fund/High Point Interconnect).
O.CHANGE ORDER NO. 5 (CONTRACT ADDITION)/CHAZ EQUIPMENT
COMPANY, INC.: Approve Change Order No. 5 (Contract Addition) in the amount
of $9,800.60 to Chaz Equipment Company, Inc. to the Swinton Avenue Beautification
Project for the application of “Tnemec” brand paint to the liquid chlorine bulk storage
secondary containment area in compliance with EPA (Environmental Protection
Agency) standards. Funding is available from 442-5178-536-64.45 (Water/Sewer
Renewal & Replacement Fund/Gas Chlorine Conversion).
P.REVISED DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT:
Approve a Revised 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 to combine all previous
agreements into one revised agreement.
Q.AUTHORIZATION TO FORECLOSE/700 AVENUE CHAUMONT/
CHATELAINE: Authorization to foreclose on 700 Avenue Chaumont, Chatelaine,
due to code enforcement liens.
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R.CLASS ACTION LAWSUIT/STARWOOD HOTELS (SHERATON/WESTIN
HOTELS): Approve participating in a class action lawsuit regarding Starwood Hotels,
including Sheraton and Westin Resorts, for breach of contract for failure to notify
guests that a “resort fee”, facility fee” and/or “convenience fee” would be imposed.
S.RESOLUTION NO. 26-06: Approve Resolution No. 26-06 supporting Lake Worth
Drainage District’s funding request of two (2) million dollars from the Florida
Legislature for the L-40 Berm Enhancement Project.
T.HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award, which exceeds the maximum amount of
$35,000.00, to an eligible family under the Community Development Block Grant
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(CDBG) Program, in the amount of $61,940.00 to JMosca Builders, LLC (23 N.W. 9
Street). Funding is available from 118-1963-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
U.AWARD OF BIDS AND CONTRACTS:
1.Contract award to Needham Roofing, Inc. in the amount of $259,663.00 for the
Pompey Park Center Re-Roofing Project. Funding is available from 334-4172-
572-46.10 (General Construction Fund/Building Maintenance).
2.Contract award to Kilbourne & Sons in the amount of $34,350.00 for the
restorations to the asphalt driveways in the Chatelaine Neighborhood required
after sidewalks were recently installed. Funding is available from 334-6130-541-
63.89 (General Construction Fund/Neighborhood Enhancements).
3.Purchase award to R&S Integrated Products and Services, Inc., as a sole source
vendor, in the amount of $20,880.00 for the purchase of an add-on to the
current LaserFiche Document Imaging System; including the purchase of a
document imaging scanner, licenses, set-up, training and software for the
Finance Department. Funding is available from 001-1511-513-64.11 (General
Fund/Computer Equipment).
4.Purchase award to Sensus Metering Systems, as a sole source purchase, in the
amount of $102,600.00 for the purchase of 800 transceiver units required to
upgrade existing water meters to radio water meter reading equipment for the
Finance Department. Funding is available from 442-5178-536-52.31 (Water/
Sewer Renewal & Replacement Fund/Water Meter Replacement under $750).
5.Contract award to Guidance Group in the total estimated amount of $75,996.43,
as a sole source vendor, for the repairs and/or replacement of several
“Wayfinder” Signs damaged by Hurricane Wilma. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property Claims).
6.Contract award to Castle Florida General Contractor in the amount of
$24,000.00 for repairs to Cason Cottage due to Hurricane Wilma. Funding is
available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
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7.Purchase award to PC Universe in the amount of $18,248.00 for the purchase of
PIX hardware for the Police firewall to include unrestricted software, failover
software, ethernet card, maintenance, and fiber optic cables. Funding is
available from 001-2113-521-64.11 (General Fund/Computer Equipment).
9.REGULAR AGENDA:
A.CONDITIONAL USE REQUESTS/VILLAGE PARC: Consider two (2)
conditional use requests to allow the construction of 104 townhome units within sixteen
(16) buildings (stand alone residential development) and allow a density in excess of 12
units per acre (17.8 du/ac proposed) pursuant to Land Development Regulations
(LDR) Section 4.7, “Workforce Housing”, for Village Parc, located on the east side of
North Federal Highway, approximately 2,300 feet south of Gulfstream Boulevard
(former Delray’s Lost Drive-In site). (Quasi-Judicial Hearing)
(Motion to approve
Board Order as set forth; Approved, 5-0)
B.CONDITIONAL USE REQUEST/PROFILES IN CONCRETE: Consider a
request to allow an existing ornamental cast concrete/stone manufacturing facility
(Profiles In Concrete) to accommodate an outside storage area and dumpster, located
on the northeast corner of Poinsettia Drive and Lime Lane. (Quasi-Judicial Hearing)
(Motion to approve Board Order as set forth; Approved, 5-0)
C.MUNICIPAL UNDERGROUND UTILITIES CONSORTIUM (MUUC):
Consider a request that we join the Municipal Underground Utilities Consortium
(MUUC) regarding Florida Power & Light’s (FPL) recent tariff filing offering a 25%
credit for local government underground electric service conversion projects.
(Motion to
approve joining the Municipal Underground Utilities Consortium with the cost not to exceed
$2,000.00; Approved, 5-0)
D.EVALUATION AND APPRAISAL REPORT (EAR): Discuss the major issues to
be included in the Comprehensive Plan Evaluation and Appraisal Report (EAR).
(Motion to approve list of major issue Items 1-7; and the addition of Item 9 as amended and
Item 11 as amended; Approved, 5-0)
E.EVALUATION AND APPRAISAL REPORT (EAR) COMMITTEE
MEMBERS: Consider appointment of Evaluation and Appraisal Report (EAR)
Committee Members.
(Motion to make the community the committee as our public
participation strategy; Approved, 5-0)
F.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider the actions and decisions made by the Land Development Boards for the
period April 17, 2006 through April 28, 2006
. (First motion to appeal Historic Preservation
Board’s decision on Item 3; Approved, 4-0. Second motion to approve the balance of the
appealables; Approved, 4-0; Mayor Perlman left dais and passed the gavel to Vice-Mayor Ellis)
G.ABATE LAWSUIT/VISTA DEL MAR, L.C. V. CITY OF DELRAY BEACH:
Provide direction regarding whether or not to abate the civil lawsuit in Vista Del Mar,
L.C. v. City of Delray Beach pending the outcome of the appellate case.
(Motion to abate
the new lawsuit; DENIED, 5-0)
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H.APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) for
an unexpired term ending July 1, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Ellis (Seat #1).
(Vice-Mayor Ellis passed the
gavel to Deputy Vice-Mayor Fetzer in order to make the motion; Appointed William Branning
and approved, 4-0) (Mayor Perlman had left the dais before item 9.F and was not present for
Items 9.H and 9.I. Nonetheless, Commissioner Levinson declared a Conflict of Interest on
behalf of Mayor Perlman for Items 9.H and 9.I)
I.APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman and Vice-Chairman to the
Community Redevelopment Agency Board.
(Appointed Lamar Shuler as Chairman and
approved, 4-0; appointed Frank Wheat as Vice Chairman and approved, 4-0; Deputy Vice-
Mayor Fetzer passed the gavel to Vice-Mayor Ellis)
10.PUBLIC HEARINGS:
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. (
Approved, 5-0; Mayor Perlman returned to dais)
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. (
Approved, 5-0)
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. (
Approved, 5-0)
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. (
Approved, 4-0; Commissioner Levinson 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 Public.
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12.FIRST READINGS:
A.ORDINANCE NO. 26-06: Privately initiated rezoning from A (Agricultural) to R-1-
AAA (Single Family Residential) for the Germantown Road Subdivision, located on the
south side of Old Germantown Road (3426 Old Germantown Road). If passed, a
public hearing will be scheduled for May 16, 2006. (
Approved, 4-0)
B.ORDINANCE NO. 27-06: City initiated amendment to Land Development
Regulations (LDR) Section 2.4.6(E), “Tree Removal Permit”, Section 4.6.19, “Tree
Protection”, and Appendix “A”, “Definitions”, to provide for the designation and
protection of historic trees; and to provide for a penalty of $500.00 for the removal of
any historic tree without a permit. If passed, a public hearing will be scheduled for May
16, 2006. (Motion to TABLE;
Approved, 5-0; Commissioner Levinson returned to dais)
C.ORDINANCE NO. 28-06: Privately initiated amendment to Land Development
Regulations (LDR) Section 4.3.3, “Special Requirements for Specific Uses” and Section
4.3.4(H)(4), “Structures Allowed in Setbacks”, to allow permanently installed generators
within required setbacks and providing specific regulations for the location, operation,
and buffering of permanent generators. If passed, a public hearing will be scheduled for
May 16, 2006. (
Approved, 5-0)
D.ORDINANCE NO. 29-06: City initiated amendment to Land Development
Regulations (LDR) Section 4.3.4(K), “Development Standards Matrix”, to clarify
setbacks for structures in residential districts. If passed, a second public hearing will be
scheduled for May 16, 2006. (
Approved, 4-0; Commissioner Ellis away from dais)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 8:44 p.m. ******
05/02/06
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