09-19-06 Agenda Results Reg
City of Delray Beach
Regular Commission Meeting
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Tuesday. September 19. 2006
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delrny Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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
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.
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.
The Gty 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 Gty. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the Gtyto accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL. (Commissioner Fred B. Fetzer absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted the addition of Item 7.B, Special Recognition Award to
Assistant Gty Manager Bob Barcinski; Revised Information for Item 8.D, Change Order No. 2
(Contract doseout)/Final Payment/Morgan Roofing, LLC/Old School Square Re-Roofing Project;
Revised Information for Item 10.G, Ordinance No. 47-06, which was moved up to Item 10.A under
Public Hearings; Item 9.B, Conditional Use Extension and Waiver Requests/Avenue East (f/k/a Grove
Square) was postponed to the October 3,2006 Commission Meeting; Approved as amended, 4-0)
5. APPROVAL OF MINUfES:
. September 12, 2006 - SpeciaVWorkshop Meeting (Approved 4-0)
6. PROCLAMATIONS:
A Walk Our Children to School Day - October 4, 2006
B. Dekay Beach Police Department Volunteer Homefront Security Unit
7. PRESENTATIONS:
A CL.AS.5. Of Palm Beach County, Ine. - Frances Carter
B. Special Recognition Award - Robert Barcinski, Assistant Gty Manager
8. CONSENT AGENDA: Gty Manager Recommends Approval. (Approved as amended, 4-0)
A REQUEST FOR SIDEWALK DEFERRAL/U07 SOUfH SWINTON
AVENUE: Approve a request to defer the installation of a sidewalk in front of 1207
South Swinton Avenue. Staff recommends approval.
B. REQUEST FOR SIDEWALK DEFERRAL/929 BANYAN DRIVE: Approve a
request to defer the installation of a sidewalk in front of 929 Banyan Drive. Staff
recommends approval.
C CHANGE ORDER NO. 3 (CONTRACT CLOSEOUf)/FINAL
PAYMENT /RANGER CONSTRUCTION INDUSTRIES. INC.l2005
STREET RESURFACING PROJECT: Approve Change Order No.3 (Contract
Ooseout) in the amount of a $55,020.25 decrease and final payment in the amount of
$17,623.16 to Ranger Construction Industries, Inc. for completion of the 2005 Street
Resurfacing Project. Funding is available from 334-3162-541-61.17 (General
Construction Fund/200S Resurfacing).
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D. CHANGE ORDER NO. 2 (CONTRACT CLOSEOUf)/FINAL
PAYMENT/MORGAN ROOFING. LLC.lOLD SCHOOL SQUARE RE-
ROOFING PROJECT: Approve Change Order No.2 (Contract Ooseout) in the
amount of $2,752.00 and final payment in the amount of $30,928.00 to Morgan
Roofing, Inc. for completion of the Old School Square Re-roofing Project. Funding is
available from 334-6112-S72-46.12 (General Construction Fund/Old School Square
Roof Repair) and SSl-157S-S91-45.50 (Business Insurance Fund/PropenyOaims).
E. SUBGRANT AGREEMENT/STATE OF FLORIDA DEPARTMENT OF
EMERGENCY MANAGEMENT: Approve and authorize the Mayor to execute a
Subgrant Agreement with the State of Florida Department of Emergency Management
for acceptance of a grant in the amount of $103,S98.00 for the Fire Station # 1 Wmd
Hardening Project. The Oty's share of the project cost is $34,S32.00. Funding is
available from 334-2311-S22-62.87 (General Construction Fund/Buildings/Storm
Hardening) .
F. FUNDING AGREEMENT /CHILDREN'S SERVICES COUNCIL: Approve a
funding agreement between the Oty of Dekay Beach and Children's Services Council
(CSC) in the amount of $31S,702.00 for the Oty's out of school program, day camps,
and summer camp programs.
G. 2006-2007 AGREEMENT/CHILDREN'S SERVICES COUNCIL/BEACON
CENTER AT VILLAGE ACADEMY: Consider approval of the 2006/2007
agreement between the Oty of Dekay Beach and Children's Services Council (CSC) in
the amount of $8S3,622.00 for programs and services carried out under the Beacon
Center at the Village Academy.
H HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant! contract award through the Community Development
Division in the amount of $2S,782.75 to South Florida Construction (62S S.W. ?
Avenue). Funding is available from 118-1924-5S4-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
1. ACCOUNT FUNDING CHANGE/HOUSING REHABILITATION
DEFERRED PAYMENT LOAN: Approve an account funding change from State
Housing Initiatives Partnership (SHIP)/Housing Rehabilitation (118-1924-5S4-49.19) to
Community Development Block Grant (CDBG)/Housing Rehabilitation (118-1963-
SS4-49.19) for one (1) housing rehabilitation deferred payment loan (220 N.W. 2nd
Street).
J. LANDSCAPE MAINTENANCE AGREEMENT /TROPIC CAY
TOWNHOMES: Approve and accept a landscape maintenance agreement between
F.P. Dino & Associates and the Otyforthe Tropic Cay Townhome Development.
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K. PURCHASE ORDER INCREASE/GUIDANCE PATHWAY SYSTEMS. INC.:
Approve an increase of $51,764.57 to purchase order # 63SS73, Guidance Pathway
Systems, Inc., for changes and upgrades needed for the Wayfinder Sign System which
was damaged by Hurricane Wtlma. Funding is available from SSl-1S7S-S91-4S.50
(Business Insurance Fund/Property Oaims).
L. PURCHASE ORDER INCREASE/POOLSURE OF SOUTH FLORIDA.
INC.: Approve an increase of $19,000.00 to purchase order # 621S29, Poolsure of
South Florida, Inc., for the bulk purchase of Sodium Hypochlorite. Funding is available
from 441-5123-S36-S2.21 (Water/Sewer Fund/Chemicals).
M MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY
MULTI-AGENCY CRIMES TASK FORCE CRITICAL INCIDENT
PROTOCOL: Approve a Memorandum of Understanding with Palm Beach County
and various Law Enforcement Agencies in Palm Beach County for the Multi-Agency
Violent Crimes Task Force.
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September S, 2006 through September 15, 2006.
O. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to A2000 in the amount of $53,000.00 for the purchase of Gsco
6S09 main switch and to Anderson Telecom in the amount of $30,000 for a
fiber optic cable from Oty Hall to the Police Station. Funding in the total
amount of $83,000 is available from 001-1811-513-64.11 (General
Fund/ Computer Equipment).
2. Bid award to Super Linen Service Cotp. for linen rental service for the Delray
Beach Municipal Golf Course Restaurant at an estimated annual cost of
$20,000.00. Funding is available from 44S-471S-S72-52.22 (Dekay Beach
Municipal Golf Course Fund/Uniforms/Linen Service).
3. Contract award to Asphalt Consultants, Inc. in the amount of $37S,S47.50 for
the construction of the Chatelaine Subdivision and N.E. 14th Street Traffic
Calming Project. Funding is available from 334-6130-S41-63.89 (General
Construction Fund/Neighborhood Enhancement).
9. REGULAR AGENDA:
A CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of a contract award to various insurance companies
or authorize staff to bind coverage as negotiated by our broker, Arthur J. Gallagher, for
the Oty's Property and Casualty Insurance Policies effective October 1, 2006. (Motion
to authorize staff to bind coverage subject to Commission approval on October 3, 2006;
Approved 4-0)
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B. CONDITIONAL USE EXTENSION AND WAIVER REQUE STS/ AVENUE
EAST (FKA GROVE SQUARE): Consider an extension request for the conditional
use approvals which allowed a building height in excess of 48 feet (S4' 3" approved) and
which allowed residential units in excess of 30 units per acre (38.2 dwelling units per
acre); and a waiver request to the Land Development Regulations (LDR) Section
2.4.4(F)(3)(a) for Avenue East (fka Grove Square), located at the southeast comer of
S.E. 1st Street and S.E. 2nd Avenue. (Quasi-Judicial Hearing) (Postponed to a date
certain of October 3, 2006 Regular Commission Meeting)
C WAIVER REQUESTS/WAKSMACKI BUILDING: Consider a request for waiver
of Land Development Regulations (LDR) Section 4.4.24 (G) (3), "Old School Square
Historic Arts District (OSSHAD); Supplemental District Regulations", and Section
4.6.16(H)(3)(d), "Landscape Regulations, Minimum Landscape Requirements; New
Multiple Family, Commercial, and Industrial Development" associated with the Oass V
Site Plan for the Waksmacki Building located at 338 NE 1't Avenue within the Old
School Square Historic Arts District. (Quasi-Judicial Hearing) (Motion to adopt
board order as set forth; Approved 4-0)
D. WAIVER REQUEST/MCDONALD'S RESTAURANT: Consider a request for
waiver of Land Development Regulations (LDR) Section 4.4.12(F) (2), "Planned
Commercial (PC) District; Development Standards" associated with the Oass V Site
Plan for the McDonald's Restaurant located at the Dekay Mall on the west side of
South Federal Highway, approximately 1,SS5 feet north of Linton Boulevard (1400
South Federal Highway). (Quasi-Judicial Hearing) (Motion to adopt board order with
added condition as set forth; Approved 4-0) .
E. REQUEST FOR VALET QUEUE/CITY LIMITS: Consider a request from Oty
Limits to establish a valet parking queue to be located in the Railroad Parking Lot.
(Approved 4-0)
F. AMENDMENT NO. l/INTERLOCAL AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY/LA FRANCE HOTEL: Consider approval of
Amendment No. 1 to the Interlocal Agreement between the Oty and the Community
Redevelopment Agency (CRA) for the rehabilitation and construction of a new addition
on the La France Hotel to incorporate the CRA's responsibility to comply with the State
Single Audit requirement in accordance with Florida Statute 21S.97 and approve an
account funding change from State Housing Initiatives Partnership (SHIP)/Housing
Rehabilitation (118-1924-5S4-49.19) to (HHRP) Hurricane Housing Recovery Program
(118-1932-SS4-83.06) for this project. (Approved 3-0; Mayor Perlman filed Conflict of
Interest, passed gavel to Vice Mayor Ellis and left dais)
G. REQUEST TO REDUCE LIENS/1119 N.W. l't STREET: Consider a request
from Mr. Thor Brown to waive the interest and administrative fees totaling $S,218.37
assessed for an unsafe building demolition and abating nuisances on property located at
1119 N.W. 1ST Street. Mr. Brown is prepared to pay the remaining lien of $3,S45.19.
Staff recommends approval. (Motion to approve as outlined by staff; Approved 4-0. Mayor
Perlman returned to dais)
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H SPECIAL EVENT REQUEST/ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for October 19, 2006 from 6:00
p.m. to 10:00 p.m.; and aPl'rove the closure of Atlantic Avenue from Swinton Avenue
to N.E. 7th Avenue, S.E. 7 Avenue from the north side of Brisca Atlantica property to
the north side of the Brisca Atlantica parking lot entrance, the alley north of Atlantic
Avenue between N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic
Avenue to the alley just north of Atlantic Avenue, N.E. 2nd Avenue from Atlantic
Avenue to the alley, and A-1-A from Atlantic Avenue to the south property line of
Boston's on the Beach, and half of the Tennis Center Parking Lot. (Approved 3-1;
Commissioner Levinson dissenting)
I. SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN AND ROBERT
DEIGNAN V. CITY: Consider a Settlement Offer in the amount of $10,000.00 in
Cheryl Wright-Deignan and Robert Deignan v. Gty. Staff recommendation is denial.
(Motion to approve settlement; Denied 4-0)
J. IMPLEMENTATION OF SHUTTLE BUS SERVICES: Provide direction
regarding the implementation of shuttle bus services without grant funding from Palm
Beach County. (Consensus of Commission that Shuttle Bus Services be implemented without
grant funding from Palm Beach County and that the Gty and CRA will each contribute SO% of
the cost of the project; Mayor Perlman filed Conflict of Interest, passed the gavel to Vice Mayor
Ellis and left dais)
K. SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT /DELRAY
BEACH COMMUNITY LAND TRUST. INC.: Consider approval of the Sub-
Recipient Housing Partnership Agreement between the Gty and the Dekay Beach
Community Land Trust, Inc. for the purposes of subsidizing the costs associated with
affordable housing units within the Community Land Trust. (Approved 4-0)
L. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) student
member and one (1) regular member to the Education Board to serve unexpired terms
ending July 31,2007. Based upon the rotation system, the appointments will be made
by Commissioner Levinson (Seat # 3) and Commissioner Montague (Seat # 4).
(AppointedJacarra WIlson and approved 4-0; and appointed Adam Davis and approved 4-0)
M 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). (Appointed Toni Del Fiandra and approved 3-1;
Commissioner Levinson dissenting)
N. aTY ATTORNEY EVALUATION. (Motion to approve 5.0% increase; Approved, 4-0)
o. CITY MANAGER EVALUATION. (First Motion to approve 4.0% increase. This
motion failed for lack of second. Second Motion to approve a 4.5% increase; Approved, 3-1;
Commission Levinson dissenting)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 47-06: Amendment to the Land Development Regulations,
Central Business District Section 4.4. 13 (H), "Special Regulations", to eliminate the
nonresidential requirements on the ground floor along the west side of Pineapple Grove
Way, between NE yd Street and NE 4th Street; and Section 4.4.13 (F) (3), "Building
Frontage and Front Setbacks", to adjust ]111 floor setback requirements for single
use townhouse structures along Pineapple Grove Way. (This ordinance was revised and
conducted as a First Reading. Motion to approve on First Reading; Approved 4-0)
B. RESOLUTION NO. 60-06 (MILLAGE LEVY): A resolution levying a tax on all
properties within the Gty of Dekay Beach for operation and maintenance and for
payment of principal and interest on bonded indebtedness for FY 2007. (Motion to
approve at 7.3 mills; Approved 4-0)
C. RESOLUfION NO. 61-06 (MILLAGE LEVY/DDA): A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
Gty of Dekay Beach for FY 2007. (Motion to approve 1.0 mil; Approved 4-0)
D. RESOLUTION NO. 62-06 (FY 2007 BUDGET ADOPTION): A resolution
making appropriations of sums of money for all necessary expenditures of the Gty of
Dekay Beach for the period October 1, 2006 through September 30, 2007. (Approved
4-0)
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year
Capital Improvement Plan and FY 2007 Capital Improvement Budget are
consistent with the Comprehensive Plan, and approve same. (Approved 4-0)
E. ORDINANCE NO. 51-06: An ordinance amending Chapter S2, "Water" of the Gty
Code of Ordinances by amending Section S2.34, "Water Rates", to provide for
increased residential, nonresidential, and irrigation rates for FY 2007. (Approved 4-0)
F. ORDINANCE NO. 52-06: An ordinance amending Chapter 53, "Sanitary Sewers",
of the Gty Code of Ordinances by amending Section S3.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates for
FY 2007. (Approved 4-0)
G. ORDINANCE NO. 50-06: An ordinance amending Chapter Sl, "Garbage and
Trash", of the Gty Code of Ordinances by amending Section S1.70, "Regular Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rates for FY 2007. (Approved 4-0)
H ORDINANCE NO. 45-06 (FIRST READING/FIRST PUBLIC HEARING):
Gty 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 Atlantic Avenue extending from I-95 to Ocean Boulevard. If passed, a
second public hearing will be scheduled for October 3, 2006. (Approved 4-0)
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1. ORDINANCE NO. 37-06: Gty 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 historic trees;
establishing land clearing and tree removal regulations and permit fees as well as the
establishment of a tree trust fund; and amending Appendix "N', "Definitions", to
provide for definitions for various terms related to trees. (Approved 4-0)
J. ORDINANCE NO. 48-06: Amendment to the Land Development Regulations
Section 4.6.9(q(3) to establish parking requirements for Personal Service Providers and
modifying Appendix "N' "Definitions" to provide a definition for "Personal Service
Providers". (Approved as clarified; 4-0)
K. ORDINANCE NO. 49-06: Amendment to the Land Development Regulations
Section 2.4.7(E) "Appeals" in order to clarify the appeals process. (Approved 4-0)
L. ORDINANCE NO. 44-06: Annexation and associated small-scale Future Land Use
Map amendment from the County LR-1 (Low Residential 1 dulac) to Gty LD (Low
Density Residential o-s dul ac) and rezoning from County AR (Agricultural ResidentiaQ
to Gty R-1-AA (Single Family Residential) for a 0.72 acre property located at 2200 Lake
Drive. (Quasi-Judicial Hearing) (Approved 4-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A Gty Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 53-06: An ordinance amending Chapter 101, "Parks, Beaches,
and Recreation", of the Gty Code of Ordinances by amending Section 101.24, "Traffic
Regulations", to clarify that motor vehicles are permitted to travel on State Road A-1- A
If passed, a public hearing will be scheduled for October 3, 2006. (Approved as amended,
4-0)
B. ORDINANCE NO. 54-06: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National Ambulance Fee Schedule. If passed, a public hearing will
be scheduled for October 3, 2006. (Approved 4-0)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A Gty Manager
B. Gty Attorney
C Gty Commission
POSTED: SEPTEMBER 15, 2006
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