08-15-2006 Agenda Results
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESULTS***
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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
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
presiding officer has discretion to adjust the amount of time allocated.
Tuesday. August 15.2006
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
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 Additional Information for Item 9.P, Appointments to the
Historic Preservation Board; and Item 12.B, Ordinance No. 45-06 was pulled from the agenda;
Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. July 25, 2006 - Regular Meeting (Approved, 5-0)
. August 1, 2006 - Regular Meeting (Approved, 5-0)
. August 8, 2006 - Special/Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. National Alcohol and Drug Addiction Recovery Month - September 2006
B. National Save a Life Month - September 2006
7. PRESENTATIONS:
A. Government Finance Officers Association - Distinguished Budget Presentation Award
B. Florida Local Government Information Systems Association for Technology
Achievement Award for Leadership in Management of Information Technology
Presentation
C. Recognition of Community Service Officers and School Crossing Guards
D. United Way Presentation - Prosperity Center at Neighborhood Resource Center
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. CHANGE ORDER NO.1 (CONTRACT CLOSEOUT)/FINAL PAYMENT/
WELLING CONSTRUCTION. INC.lCORNELL PARK PROJECT: Approve
Change Order No.1 (Contract Closeout) in the amount of a $18,309.00 decrease and
final payment in the amount of$11,474.22 to Welling Construction, Inc. for completion
of the Cornell Park Project. Funding is available from 380-4150-572-63.27 (2004 G.O.
Bond/Cornell Park).
B. FINANCIAL GUARANTEE AND AGREEMENT FOR COMPLETION OF
REOUIRED IMPROVEMENTS/THE MARK DOWNTOWN (FKA
BAMBOO): Approve a Financial Guarantee and Agreement between the City and The
Mark Downtown for installation of improvements in the right-of-way. The
Performance Bond is in the amount of $186,087.00.
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C. AMENDMENT NO. 2/FLORIDA INLAND NAVIGATIONAL DISTRICT
LEASE AGREEMENT: Approve Amendment No.2 to the lease agreement (MSA
650) with the Florida Inland Navigational District (F.I.N.D.) for the leasing-of
approximately 4 acres for an Intracoastal park and providing an additional two (2) years
for the City to construct the park.
D. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/DELRAY
HARBOR CLUB, INC.: Authorize the City to act as the utility permit applicant for
sanitary sewer work performed within the state right-of-way for Delray Harbor Club,
located on the east side of Federal Highway (U.S. 1), south of S.E. 10th Street and
approve a hold harmless agreement with the developer (Delray Harbor Club, Inc.).
E. MEMORANDUM OF AGREEMENT (MOA)/NEIGHBORHOOD
RESOURCE CENTER/UNITED WAY PROSPERITY CAMPAIGN: Approve
a Memorandum of Agreement (MOA) with the United Way of Palm Beach County for
the Prosperity Center Campaign at the Neighborhood Resource Center for a period of
three (3) years.
F. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of
Mr. David Cook, Chamber of Commerce Representative, and Mr. Fran Marincola,
Downtown Development Authority Alternate Representative, for two (2) year terms
ending August 1, 2008.
G. SPECIAL EVENT REQUEST/HOWARD ALAN 12TH ANNUAL DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request for the 12th Annual
Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from
10:00 a.m. until 5:00 p.m. on September 30 and October 1,2006, granting a temporary
use permit per LDR Section 2.4.6(H) for the closure of N.E.jS.E. 4th Avenue, one
block north/south of Adantic Avenue, and the Hand's parking lot for vendor parking,
and authorize staff support for police security with the sponsor paying all overtime
costs; contingent upon receipt of certificate of liability insurance.
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 31, 2006 through August 11, 2006.
I. AWARD OF BIDS AND CONTRACTS:
1. Bid award to AAA Fire Protection Systems in the amount of $20,777.00 for the
installation of an 80# FM-200 Fire Suppression System for the Police
Department Outside Evidence Storage Building. Funding is available from 334-
6111-521-64.90 (General Construction Fund/Other Machinery/Equipment).
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2. Contract award to Public Safety Equipment & Installations, Inc. in the amount
of $33,181.80 for the purchase of light and equipment packages for eight (8)
new police vehicles. Funding is available from 001-2111-521-52.20 (General
Fund/General Operating Supplies), 001-2111-521-64.90 (General Fund/Other
Machinery/Equipment) and 001-2115-521-52.20 (General Fund/General
Operating Supplies).
3. Contract award to Kilbourne & Sons in the amount of $19,594.06 for the
installation of the Neighborhood Resource Center Parking Lot. Funding is
available from 334-3162-541-63.42 (General Construction Fund/Improvements
Other than Building/NRC).
9. REGULAR AGENDA:
A. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY /LA FRANCE HOTEL: Consider approval of an Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) in the amount of
$500,000.00 for the rehabilitation and construction of a new addition on the La France
Hotel. Funding is available from 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation). (Approved 4-0; Mayor Perlman
filed Conflict of Interest and passed the gavel to Vice-Mayor Ellis and left dais)
B. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY /PLAN REVIEWER II: Consider approval of an Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) in an amount up
to $63,050.00 per year for a Plan Reviewer II position in the Community Improvement
Department for the prioritization of CRA projects for plan review and permit approval.
(Approved 4-0; Mayor Perlman filed Conflict of Interest)
C. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY /SHUTTLE BUS SERVICE: Consider approval of an Interlocal
Agreement between the City and the Community Redevelopment Agency in the
amount of $135,295.00 per year for shuttle bus service for the City's downtown area.
(Approved 4-0; Mayor Perlman filed Conflict of Interest)
D. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY /NEIGHBORHOOD PLANNER: Consider approval of an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) in an
amount up to $32,771.00 per year for a Neighborhood Planner position to be assigned
to the Neighborhood Resource Center to serve as a liaison between the Community
Redevelopment Agency (CRA), West Atlantic Avenue Task Team (WATT) and West
Atlantic Avenue Redevelopment Coalition (WARC); and provide Community Land
Trust (CLl) outreach services. (Approved 4-0; Mayor Perlman filed Conflict ofInterest)
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E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of an Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA) for planning and other services in
an amount up to $110,000.00 per year. (Approved 4-0; Mayor Perlman filed Conflict of
Interest)
F. FUNDING REQUEST /C.L.A.S.S. OF PALM BEACH COUNTY. INC.:
Consider a funding request from Ms. Frances Carter for c.L.A.S.S. of Palm Beach
County, Inc. to help offset costs associated with the Spring Academic and current
Summer Programs. Staff recommends a contribution of $30,000.00 available from the
Miscellaneous Grants Contingency ($13,000), City Manager's Contingency ($7,000) and
Community Improvement Grant Programs ($10,000). (Approved, 5-0; Mayor Perlman
returned to dais)
G. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/CONGRESS
AVENUE CORRIDOR: Consider approval of an Interlocal Agreement between the
City and Palm Beach County in the amount of $25,000.00 for the preparation of a Land
Use Allocation Master Plan for part of the Congress Avenue Corridor. Funding is
available from 001-2511-515-31.90 (General Fund/Other Professional Services).
(Approved, 5-0)
H. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Consider
approval of a special event request for the 1 st Annual Spady Heritage Day sponsored by
the Spady Cultural Heritage Museum to be held from 12:00 noon until 6:00 p.m. on
September 24, 2006, and authorize staff support for police security, clean up and set
up/use of the small stage with event signage no earlier than ten (10) days prior to the
event; contingent upon receipt of certificate of liability insurance and a hold harmless
agreement. (Approved, 5-0)
I. REQUEST FOR PROPOSAL (RFP)/OLD SCHOOL SQUARE (055) PARK
EXPANSION PROJECT: Consider approval of the Request for Proposal (RFP) for
program development, planning and design of the proposed park expansion at the Old
School Square Cultural Arts Center. (Commission provided direction to staff)
J. PUBLIC COMMENTS/FY 2007 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2007 Proposed Budget at this time.
K. RESOLUTION NO. 53-06 (BUDGET AMENDMENT): Consider approval of a
resolution making amendments to the adopted budget for FY 2006. (Approved, 5-0)
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L. APPROVAL OF NOMINATIONS FOR THE ANNUAL FLORIDA LEAGUE
OF CITIES EXCELLENCE AWARDS PROGRAM: Consider approval of the
nomination of Susan A. Ruby in the Category of City Attorney of the Year; Joseph
Safford in the Category of City Finance Official of the Year; Mayor Jeff Perlman in the
Category of Mayor of the Year; City Employee of the Year and the City of Delray
Beach in the category of Florida City of Excellence for the Florida League of Cities
Excellence Awards Program. All nomination packets must be received by the League
by Friday, August 18, 2006. (Motion to approve nominations, Approved 5-0)
M. COUNCIL REPRESENTATIVES/FLORIDA LEAGUE OF CITIES
LEGISLATIVE COUNCILS: Designate City representatives to the Florida League
of Cities' newly created Legislative Councils. (Motion to approve names and priorities as
identified, Approved 5-0)
N. SETTLEMENT OFFER/CHARLES AND ELINOR MELL V. FEC
RAILWAY, ET AL: Consider a Settlement Offer in the amount of $22,750.00 in
Charles and Elinor Mell v. FEC Railway, et aL Staff recommendation is acceptance.
(Approved, 5-0)
0. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3)
regular members to the Board of Adjustment for two (2) year terms ending August 31,
2008. Based upon the rotation system, the appointments will be made by
Commissioner Montague (Seat #4), Mayor Perlman (Seat #5) and Commissioner Ellis
(Seat #1). (Appointed Mel Pollack and approved, 5-0; appointed Clifton rv1iller and approved,
5-0; and appointed Harvey Starin and approved, 5-0)
P. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
four (4) regular members to the Historic Preservation Board for two (2) year terms
ending August 31, 2008. Based upon the rotation system, the appointments will be
made by Commissioner Montague (Seat #4), Mayor Perlman (Seat #5), Commissioner
Ellis (Seat #1) and Commissioner Fetzer (Seat #2). (Appointed Jeannette Dobson and
approved, 5-0 and appointed Maura Dersh and approved, 5-0. Motion to waive rules,
Approved 5-0; appointed Linda Lake and approved, 4-1; Mayor Perlman dissenting.
Commissioner Ellis deferred her appointment to the September 5, 2006 City Commission
Meeting)
Q. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council for Zone 1 for
an unexpired term ending October 31, 2007. Based upon the rotation system, the
appointment will be made by Commissioner Montague (Seat #4). (Appointed Daisy
Fulton and approved, 5-0)
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R. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
four (4) regular members to the Planning and Zoning Board for two (2) year terms
ending August 31, 2008. Based upon the rotation system, the appointments will be
made by Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Fetzer
(Seat #2) and Commissioner Levinson (Seat #3). (Appointed Deborah Dowd and
approved, 5-0; appointed Gary Eliopoulos and approved, 5-0; appointed Paul Zacks and
approved 5-0; and appointed Joseph Pike and approved, 5-0)
S. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint five (5) regular members to the Site Plan Review and Appearance
Board for two (2) year terms ending August 31, 2008. Based upon the rotation system,
the appointments will be made by Mayor Perlman (Seat #5), Commissioner Ellis (Seat
#1), Commissioner Fetzer (Seat #2), Commissioner Levinson (Seat #3) and
Commissioner Montague (Seat #4). (Appointed Jeremy Office and approved, 5-0;
appointed Jose Aguila and approved, 5-0; appointed Mark Gregory and approved 5-0;
appointed Carolyn Farnham and approved, 5-0; and appointed Sara Coen and approved 3-2;
Commissioner Fetzer and Commissioner Levinson dissenting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 42-06: Amendment to Land Development Regulations (LDR)
Section 4.6.9(E)(3), "Location of Parking Spaces", relating to increases in the in-lieu
parking fees. (Approved, 5-0)
B. RESOLUTION NO. 35-06 AND RESOLUTION NO. 36-06: Consider approval
of Resolution No. 35-06 and Resolution No. 36-06 authorizing the City to sell City
owned property located on the east side of SW 1 oth Avenue approximately 250' south of
SW 10th Street and on the north side of SW 11th Street between SW 10th Avenue and
unimproved SW 11th Avenue to Southern Development Services, Inc. for the total
amount of $22,453.00; and Contracts for Sale and Purchase between the City and
Southern Development Services, Inc. (Approved, 5-0)
C. ORDINANCE NO. 40-06: An ordinance amending Section 37.39, "Conflict of
Interest; Hearing Procedures", of the Code of Ordinances, which provides for summary
adjudication of violations if the alleged violator fails to attend the Code Enforcement
Hearing. (Approved, 5-0)
D. ORDINANCE NO. 41-06: An ordinance amending Chapter 32, "Departments,
Boards and Commissions", of the Code of Ordinances, Section 32.41, "Composition;
Terms; Appointment", to clarify the composition of members on the Kids and Cops
Committee. (Approved, 4-0; Commissioner Levinson away from dais)
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E. RESOLUTION NO. 32-06/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.:
Consider approval of Resolution No. 32-06 authorizing the City to transfer/sell City
owned property, located at N.W. 8th Avenue, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of $10.00. (Approved, 5-0;
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. 46-06: City initiated amendment to Land Development
Regulations (LDR) Section 4.3.3, "Specific Requirements for Specific Uses" by enacting
a new section 4.3.3 (00), "Multifamily Residential Buildings Equipped with Elevators"
to require the installation of auxiliary power generators for all interior corridor lighting
and exit signs; and at least one (1) public elevator. If passed a public hearing will be
scheduled for September 5, 2006. (Approved, 5-0)
B. ORDINANCE NO. 45-06: City initiated amendment to Land Development
Regulations (LDR) Section 4.4.13, "Central Business District", to provide regulations
relating to office uses on the ground floor along Adantic Avenue extending from 1-95
to Ocean Boulevard. If passed, a public hearing will be scheduled for September 5,
2006. (PULLED)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
****** Meeting adjourned at 7:47 p.m. ******
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