09-05-06 Agenda Results Reg
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. September 5.2006
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
Dekay 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. (Commissioner Ellis absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted revised information for Item 8.L, Consent to
Assignment/Lease Agreement/Pilgrim Belle Cruises, LLC which was moved to the Regular Agenda as
Item 9.A.l; Item 8.1<., Release of Covenant Restrictions/Coral Trace Homeowners' Association, Ine. was
moved to the Regular Agenda as Item 9.A.2; Additional information for Item 8.W, Budget
Transfer/Old School Square; Additional information for Item 9.F, Appointment to the Code
Enforcement Board; Item 9.], City Attorney Evaluation and Item 9.1<., City Manager Evaluation were
deferred until the September 19, 2006 Commission Meeting; Item 12.D, Ordinance No. 45-06, was
moved to Public Hearings as Item lO.E; Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
. August 15, 2006 - Regular Meeting (Approved 4-0)
. August 22, 2006 - Workshop Meeting (Approved 4-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Nina Mattos for winning the East Coast Paddle Board
Championships
B. Recognizing Explorer Scout Jason Perlmutter for Saving a Life using the Heimlich
Maneuver
C. Recognizing Boys and Girls Club Day for Kids
7. PRESENTATIONS:
A. "Spotlight on Education" - Jody Gleason, Executive Director of Palm Beach County
Education Commission
B. Soccer Field and Miller Park Site Plans- Mike Carey of Kimley Hom
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. CONFIRMATION/RECISSION OF EMERGENCY PROCLAMATION
TROPICAL STORM ERNEST 0: Confirm Emergency Proclamation for Tropical
Storm Emesto pursuant to Chapter 95 of the City Code of Ordinances and approve the
rescission of the same.
09-05-2006
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B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/HABITAT FOR
HUMANITY /217 & 223 N.W. 15TH AVENUE: Approve acceptance of right-of-
way deeds with Habitat for Humanity of South Palm Beach County for improvements
associated with 217 and 223 N.W. 15th Avenue. Habitat for Humanity will give the City
a 5' strip of property along the west side of both lots and adjacent to N.W. 15th Avenue.
C. ACCEPTANCE OF EASEMENT DEED/DELRAY MEDICAL CENTER:
Approve and accept an easement deed between the City and Delray Medical Center
providing a 12' wide water main easement to be constructed at the Delray Medical
Center.
D. REOUEST FOR SIDEWALK DEFERRAL/950 ALLAMANDA DRIVE:
Approve a request to defer the installation of a sidewalk in front of 950 Allamanda
Drive. Staff recommends approval.
E. CHANGE ORDER NO. 4 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ROSSO PAVING AND DRAINAGE. INC./NE 4TH AVENUE
BEAUTIFICATION: Approve Change Order No.4 (Contract Closeout) in the
amount of $32,769.49 and final payment in the amount of $54,999.47 to Rosso Paving
and Drainage, Inc. for completion of the NE 4th Avenue from Atlantic Avenue to NE
2nd Street Beautification Project. Funding is available from 442-5178-536-63.50
(Water/Sewer/Renewal and Replacement Fund/Water Mains) and 334-3162-541-65.81
(General Construction Fund/NE 4th Avenue).
F. CHANGE ORDER NO. 5 (CONTRACT CLOSEOUT)/FINAL
PAYMENT /]MW CONSTRUCTION CORPORATION/LAKE VIEW PARK:
Approve Change Order No.5 (Contract Closeout) in the amount of a $24,822.21
decrease and final payment in the amount of $35,553.34 to JMW Construction
Corporation for completion of the Lake View Park Project. Funding is available from
380-4150-572-63.26 (2004 G.O. Bond/Lake View Park).
G. SERVICE AUTHORIZATION NO. 1.6/PGAL, INC.: Approve Service
Authorization No. 1.6 to PGAL, Inc. in the amount of $9,168.00 for contract
reimbursable expenses relating to the construction of the Old School Square Parking
Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old
School Square).
H. AMENDMENT TO INTERLOCAL AGREEMENT/PALM BEACH
COUNTY /BARWICK ROAD IMPROVEMENTS: Approve an Amendment to
the Interlocal Agreement with Palm Beach County for reimbursement in the amount of
$51,300.00 for improvements along Barwick Road abutting Barwick Estates. Funding is
available from 334-3162-541-68.02 (General Construction Fund/Barwick Road).
I. FLORIDA DEPARTMENT OF TRANSPORATION (FDOT) UTILITY
PERMIT & HOLD HARMLESS AGREEMENT/SEAGATE BEACH CLUB.
INC.: Authorize the City to act as the utility permit applicant for a water service
connection within the state right-of-way for Seagate Beach Club, located on the east
side of State Road A lA, south of Casuarina and approve a hold harmless agreement
with the developer (HH Properties-I, Inc.).
09-05-2006
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J. CONSTRUCTION MANAGER AT RISK DOCUMENTS/WESTERN/
SENIOR COMMUNITY CENTER PROJECT: Approve a proposal and related
agreement for the preconstruction services phase of the Westem Community Center
Project's Construction Management at Risk Contract in the amount of $87,740.00.
Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Westem/Senior
Community Center).
K. (MOVED TO ITEM 9.A.2 ON THE REGULAR AGENDA)
L. (MOVED TO ITEM 9.A.1 ON THE REGULAR AGENDA)
M. CONSENT TO ASSIGNMENT OF LEASE/VEGA INVESTMENT GROUP.
LLC: Approve Consent to Assignment of Lease with Vega Investment Group, LLC
which will acquire Quality Broadcasting Corporation's lease for
telecommunications/radio transmitting tower purposes from the City of Delray Beach
and approve staff recommendation that the City receive the monthly payment in the
form of money rather than the advertising services.
N. AMENDMENT/TICKETMASTER L.L.C. AGREEMENT/CHRIS EVERT
EVENT: Approve an amendment to the Agreement between the City and
Ticketmaster L.L.c. to provide that all proceeds received from the Chris Evert Classic
ticket sales shall be paid direcdy from Ticketmaster to Chris Evert Charities, Inc.
O. COASTAL PLANNING & ENGINEERING/BEACH RENOURISHMENT:
Approve and authorize Coastal Planning & Engineering to proceed with the One (1)
Year Post Construction Physical Monitoring for the Beach Renourishment Project in
the amount of $37,570.00. Funding is available from 332-4164-572-31.30 (Beach
Restoration Fund/Engineering/Architect).
P. RESOLUTION NO. 58-06: Approve Resolution No. 58-06 providing support for
the City's beach renourishment project and a funding commitment to provide for the
local match.
Q. FY 2007 GOLF RATES/LAKEVlEW GOLF COURSE: Approve the proposed
FY 2007 maximum golf rates for the Lakeview Golf Course.
R. FY 2007 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the proposed
FY 2007 maximum golf rates for the Municipal Golf Course.
S. FY 2007 TENNIS RATES/TENNIS FACILITIES: Approve the proposed FY
2007 maximum tennis rates for the Tennis Facilities.
T. RESOLUTION NO. 54-06 (BUDGET AMENDMENT): Approve a resolution
making amendments to the adopted budget for FY 2006 due to a State SHIP Program
Grant in the amount of $1,000,000.00 as part of the hurricane disaster initiative.
U. POLICE ADVISORY BOARD RULES: Approve the rules for the Police Advisory
Board as adopted by that board on June 12,2006.
09-05-2006
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V. FUNDING REOUEST/CULTURAL COMPETENCY TRAINING
PROGRAM: Approve a funding request from Human Resources in the amount of
$25,000 to help with costs associated with the Cultural Competency Training Program
for City Employees and approve the agreement with Toward a More Perfect Union to
provide the training. Funding is available from 001-1311-512-54.30 (General
Fund/Training Educational Costs) after a budget transfer from the City Manager's
Contingency fund.
W. BUDGET TRANSFER/OLD SCHOOL SOUARE: Approve a budget transfer in
the amount of $50,000 from the FY 2005-2006 Contingency Fund to the Old School
Square Account #001-6312-579-82.10 for various costs.
X. CORRECTION /RESOLUTION NO. 66-05: Approve a correction to Section 3 of
Resolution No. 66-05 adopted at the September 6, 2005 Commission Meeting changing
the maximum State Housing Initiatives Partnership (SHIP) award from $8,000 to
$10,000 for disaster relief assistance.
y. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify the reappointment of Mr. Herman Stevens,
Downtown Development Authority Regular Representative, for a two (2) year term
ending August 1, 2008.
Z. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Board for the period
August 14,2006 through September 1, 2006.
AA. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Chaz Equipment Co., Inc. in the amount of $47,750.00
for emergency repair of an 8" sanitary sewer main at the west end of Avenue
Villandry in the Chatelaine Subdivision. Funding is available from 442-5178-
536-63.51 (Water/Sewer Renewal/Replacement Fund/Sewer Mains).
2. Bid award to Universal Beach Services in the amount of $79,080.00 for a
three year contract for professional beach cleaning, maintenance and
beautification services at the Municipal Beach and Atlantic Dunes Park
Beach. Funding is available from 001-4123-572-34.90 (General Fund/Other
Contractual Services).
3. Bid award to Vila & Son Landscaping in the estimated annual amount of
$20,286.00 for landscape maintenance along George Bush Blvd./N.E. 8th
Street and West Atlantic Avenue. Funding is available from 119-4144-572-
46.40 (Beautification Trust Funds/Parks and Recreation Maintenance) for
FY 2006-2007.
09-05-2006
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9. REGULAR AGENDA:
A.l. CONSENT TO ASSIGNMENT/LEASE AGREEMENT/PILGRIM BELLE
CRUISES. LLC: Approve Consent to Assignment regarding the Lease Agreement
with Pilgrim Belle Cruises, lie. due to a name change for financing purposes.
(Approved 3-0; Commissioner Fetzer away from dais)
A2. RELEASE OF COVENANT RESTRICTIONS/CORAL TRACE
HOMEOWNERS' ASSOCIATION. INC.: Approve a Release From Restrictive
Covenant between the City and Coral Trace Homeowners' Association that will release
a portion of property located at the northwest comer of Coral Trace Boulevard and
Adantic Avenue. The property is no longer owned by the Association. (Approved 3-0;
Commissioner Fetzer returned to dais and Commissioner Levinson away from dais)
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH 527 NORTH SWINTON AVENUE: Consider an appeal
of the Historic Preservation Board's decision approving a certificate of appropriateness
for the construction of a single family dwelling at 527 North Swinton Avenue, located
in the Del-Ida Park Historic District. (Quasi-Judicial Hearing) (Commissioner
Levinson returned to dais. First Motion to approve request for continuance; Denied 4-0. Second
Motion to approve board order as stated; Approved 4-0)
B. AGREEMENT /HORSE DRAWN CARRIAGES. INC.: Consider approval of an
agreement between the City and Horse Drawn Carriages, Inc. to provide horse and
carriage rides along Atlantic Avenue as specified from November 1 through April 30,
2007. (Approved 3-1; Mayor Perlman dissenting)
e. RESOLUTION NO. 59-06/COMMUNITY REDEVELOPMENT AGENCY
(CRA): Consider approval of Resolution No. 59-06 and a request for proposal from
the Community Redevelopment Agency (CRA) for a line of credit up to $7,000,000 to
fund construction and redevelopment of affordable housing units. (Mayor Perlman ftled
Conflict of Interest, passed gavel to Deputy Vice-Mayor Fetzer and left dais; Approved 3-0)
D. SETTLEMENT OFFER/AYALA V. CITY: Consider a Settlement Offer in the
amount of $72,750.00 in Ayala v. City. Staff recommendation is acceptance. (Approved
3-0; Commissioner Levinson away from dais and Mayor Perlman returned to dais)
E. COMMUNICATIONS AND MARKETING PROPOSAL: Consider approval of
the proposal from Kaye Communications for Communications and Marketing work for
the City and provide direction regarding the term of the contract. (Consensus of
Commission to discuss at Commission Workshop on September 12, 2006)
F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2). (Appointed Stanley Brodka and approved 3-0)
09-05-2006
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G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board for an unexpired term ending July 31, 2007. Based
upon the rotation system, the appointment will be made by Commissioner Montague
(Seat #4). (DEFERRED until September 19, 2006)
H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board to serve a two (2) year term
ending August 31, 2008. Based upon the rotation system, the appointment will be made
by Commissioner Ellis (Seat #1). (DEFERRED until September 19,2006)
I. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance
Board to serve a two (2) year term ending August 31, 2008. Based upon the rotation
system, the appointment will be made by Mayor Perlman (Seat #5). (Appointed Frances
Bennet and approved 3-0)
J. CITY ATTORNEY EVALUATION. (DEFERRED until September 19, 2006)
K. CITY MANAGER EVALUATION. (DEFERRED until September 19, 2006)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 55-06 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2007. (Approved 4-0)
B. RESOLUTION NO. 56-06 (TENTATIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2007. (Approved 4-0)
c. RESOLUTION NO. 57-06 (TENTATIVE BUDGET ADOPTION FOR FY
2007): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2006
through September 30, 2007. (Approved 4-0)
D. 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. (Approved 4-0)
09-05-2006
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E. ORDINANCE NO. 45-06 (FIRST READING/FIRST PUBLIC HEARING):
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 19,2006. (Motion to table to a date certain
of September 19,2006 at 7:00 p.m.; 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. 51-06: An ordinance amending Chapter 52, "Water" of the City
Code of Ordinances by amending Section 52.34, "Water Rates", to provide for
increased residential, nonresidential, and irrigation rates for FY 2007. If passed, a public
hearing will be scheduled for September 19, 2006. (Approved 3-0)
B. ORDINANCE NO. 52-06: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. If
passed, a public hearing will be scheduled for September 19, 2006. (Approved 3-0)
e. ORDINANCE NO. 50-06: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rates by 3.0% for FY 2007. If passed, a public hearing will
be scheduled for September 19,2006. (Approved 3-0)
D. MOVED TO ITEM 10.E ON THE REGULAR AGENDA)
E. ORDINANCE NO. 47-06: Amendment to the Land Development Regulations to
the Central Business District Section 4.4. 13 (H) (6) to allow residential developments on
the ground floor along the west side of Pineapple Grove Way, between NE 3rd Street
and NE 4th Street; and, Section 4.4.13(F)(3) to reduce the 3rd floor setback requirements
for single use townhouse structures along Pineapple Grove Way. If passed, a public
hearing will be scheduled for September 19, 2006. (Approved 3-0)
09-05-2006
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F. ORDINANCE NO. 37-06: City initiated amendment to Land Development
Regulations (LDR) repealing Section 4.6.19, "Tree Protection" and Section 2.4.6(E),
"Tree Removal Permit" and enacting a new Section 4.6.19, "Tree Ordinance", to
provide for the regulation, pruning and preservation of trees including exceptional
specimen trees; establishing land clearing and tree removal regulations and permit fees
as well as the establishment of a tree trust fund; and amending Appendix "A",
"Definitions", to provide for deftnitions for various terms related to trees. If passed, a
public hearing will be scheduled for September 19, 2006. (Approved 3-0)
G. ORDINANCE NO. 48-06: Amendment to the Land Development Regulations
Section 4.6.9(C)(3) to establish parking requirements for Personal Service Providers and
modifying Appendix "A" "Definitions" to provide a definition for "Personal Service
Providers". If passed, a public hearing will be scheduled for September 19, 2006.
(Approved 3-0)
H. ORDINANCE NO. 49-06: Amendment to the Land Development Regulations
Section 2.4.7(E) "Appeals" in order to clarify the appeals process. If passed, a public
hearing will be scheduled for September 19,2006. (Approved 3-0)
1. ORDINANCE NO. 44-06: Annexation and associated small-scale Future Land Use
Map amendment from the County LR-l (Low Residential 1 du/ac) to City LD (Low
Density Residential 0-5 du/ ac) and rezoning from County AR (Agricultural Residential)
to City R-l-AA (Single Family Residential) for a 0.72 acre property located at 2200 Lake
Drive. If passed, a public hearing will be scheduled for September 19, 2006. (Approved
3-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attomey
e. City Commission
POSTED: SEPTEMBER 1, 2006
****** Meeting adjourned at 9:38p.m. ******
09-05-2006
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