10-17-06 Minutes Reg
OCTOBER 17. 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, October 17, 2006.
1:
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Douglas E. Smith, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2.
Sinai.
The opening prayer was delivered by Rabbi Chaim Wender with Temple
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there is a request from staff to move Item 8.1.,
Service Authorization No. 1.3/Kimlev-Horn and Associates. Inc. of the Consent
Agenda to the Regular Agenda as Item 9.A.1.
Also, he stated there is additional information for Item 9.G., Shuttle
Service Marketinf! and Graphics Plan.
Mayor Perlman stated there is a request from Michael Weiner requesting
postponement of Item 9.B., Conditional Use Extension/Avenue East (fka Grove
Square). to a date certain of November 7,2006.
He noted the addition of Item 8.Q., Refund/Jean Louis Saint Fort and
Josette Saint Fort. by addendum.
10/17/06
Mrs. Ellis moved to approve as amended, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with
a 5 to 0 vote.
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5.
APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Regular City Commission
Meeting of October 3, 2006, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Montague moved to approve the Minutes of the Workshop Meeting
of October 10, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Familv Literacv Month - November 2006
Mayor Perlman read and presented a proclamation hereby proclaiming
November 2006 as Family Literacy Month. Dr. Debra Kaiser, Chair of the Education
Board came forward to accept the proclamation. Janet Meeks, Education Coordinator,
came forward to present books and bookmarks to the Commission.
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7.
PRESENTATIONS:
7.A. RESOLUTION NO. 35-06: Recognizing and commending Jack Ceasar
for 35 years of dedicated service to the City of Del ray Beach
The caption of Resolution No. 35-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, RECOGNIZING AND
COMMENDING JACK CEASAR FOR THIRTY-FIVE YEARS
OF DEDICATED SERVICE TO THE CITY OF DELRAY
BEACH.
office. )
(The official copy of Resolution No. 35-06 is on file in the City Clerk's
Mrs. Ellis moved to approve Resolution No. 35-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion
passed with a 5 to 0 vote.
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10/17/06
7.B. Recot!nizint! and Commendint! the Delrav Beach Police Department
Vice. Intellit!ence and Narcotics Section for receivint! the Statewide Unit Citation
Award
Mayor Perlman recognized and commended the Delray Beach Police
Deparfinent Vice, Intelligence and Narcotics Section for receiving the Statewide Unit
Citation Award.
Thomas Mitchell, Unit Commander, gave a few brief comments and
thanked the City Commission for this award.
Mayor Perlman recognized Tina Heysler for becoming the first female
captain in the Delray Beach Police Department's history. He also recognized Tony
Strianese and Craig Hartmann who were both recently promoted to Major.
7.C. Recot!nizint! and Commendint! the City of Delrav Beach for receivint!
the Gold Medalist Partner in Education Award - Jerrv Crocilla. Academv
Coordinator
Jerry Crocilla, Academy Coordinator with Atlantic High School, stated for
over eight years the City of Delray Beach has partnered with both Atlantic High School
and Morakami Park Elementary School. Mr. Crocilla stated the City of Delray Beach
donated a vacant lot to the Eagle Nest Program (Atlantic High School Construction
Academy). The Delray Beach Community Improvement Department financed the Eagle
Nest with a two (2) year 0% interest construction loan for $150,000.00 and this
partnership has been presented at conferences such as the Florida School Board
Association and the Florida Association of Partners in Education. Mr. Crocilla stated
Eagle Nest was recently selected by five schools out of twenty ($10,000.00 per school) to
have the Delray Beach/Eagle Nest model for other construction education programs in
the State of Florida.
Mayor Perlman stated there were lots of people who were nominated for
these awards and commented to receive a gold medal in a County this size is a real
testament to what we have done over a 15-20 year period. He stated this has really
become a part of Delray's culture to be supportive of its schools. He stated this is the
place that principals and teachers want to be because of the support. Mayor Perlman
thanked the members of the Education Board (Dr. Debra Kaiser, Sandy Tobias, Peggy
Murphy, and Linda Hunter) along with Janet Meeks, Education Coordinator and Lula
Butler, Director of Community Improvement for making a profound difference in the
lives of thousands of children.
7.D. "Spotlit!ht on Education" - Audra Marks. CEO of New Innovations
Janet Meeks, Education Coordinator, gave a brief video presentation of the
Year in Review.
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10/17/06
Dr. Debra Kaiser thanked the outstanding group of volunteers and
recognized the Education Board members. She stated 9,000 children attend our schools
in Delray Beach (public and private) and noted the Education Board began last year with
three new platforms (i.e. literacy, parental involvement, and increasing community
partnership). Dr. Kaiser briefly discussed five major things they are working on this
year: (1) summer learning, (2) Carver Middle School has had a literacy program for the
last three years and they hope to give them greater support through library programming,
(3) parental involvement and mentoring initiative, (4) complete a needs assessment for a
second Beacon Center, (5) determine the participation rates and the potential barriers to
the new Pre-K Program so that all children will have a jump-start in literacy.
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Audra Marks, CEO of New Innovations, stated she develops educational
programs and uses a very unique approach using arts integration. She infuses music,
movement, innovative activities (brain-based techniques). She gave a brief PowerPoint
presentation outlining the progress of the children in summer camp (June-August 2006).
Ms. Marks stated the summer learning program focused on math and literacy.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/ATLANTICA DELRAY:
Approve the final subdivision plat for Atlantica Delray, located between N.E. ih Avenue
and N.E 6th Avenue (northbound Federal Highway), approximately 150 feet north of
George Bush Boulevard.
8.B. REQUEST FOR SIDE'W ALK DEFERRAL/217 AND 223
NORTHWEST 15th AVENUE: Approve a request to defer the installation of a
sidewalk in front of 217 Northwest 15th Avenue and 223 Northwest 15th Avenue. Staff
recommends approval.
8.C. REQUEST FOR SIDEWALK DEFERRAL/2220 WEST PINE
RIDGE COURT: Approve a request to defer the installation of a sidewalk in front of
2220 West Pine Ridge Court. Staff recommends approval.
8.D. ACCEPTANCE OF RIGHT-OF-WAY DEED/MAROONE FORD:
Approve and accept a right-of-way deed associated with the Maroone Ford Overflow
Parking Lot located at 1620 Wallace Drive.
8.E. CORRECTED CHANGE ORDER NO. 4 (CONTRACT
CLOSEOUT)/FINAL PAYMENTIRANGER CONSTRUCTION INDUSTRIES.
INC./2005 STREET RESURFACING PROJECT: Approve Corrected Change Order
No.4 (Contract Closeout) 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 to split the funding between 334-3162-541-61.17
(General Construction Fund/2005 Resurfacing) for $2,500.00 and 551-1575-591-45.50
(Insurance FundlProperty Claims) for $15,123.16.
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8.F. SERVICE AUTHORIZATION NO. 3.2/MATHEWS CONSULTING.
INC.: Approve Service Authorization No. 3.2 to Mathews Consulting, Inc. in the
amount of $19,907.00 for performing construction administration; specialty, substantial,
and final inspections; review of as-built drawings; and coordination of the Palm Beach
County Health Department (PBCHD) Water Main Certification for the Country Club
Acres Infrastructure Improvements Project. Funding is available from 448-5461-538-
65.86 (Storm Water Utility Fund/Country Club Acres).
8.G. SERVICE AUTHORIZATION NO. 1.3/CH2M HILL. INC.: Approve
Service Authorization No. 1.3 for CH2M Hill, Inc. (Amendment No. 3 to Service
Authorization No.1) in the amount of $20,000.00 for professional services related to the
Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90
(Water/Sewer Renewal & Replacement/Other Repair & Maintenance Costs).
8.H. CONTRACT AWARDS/SERVICE AUTHORIZATION NO.
l/CURRIE. SOWARDS. AGUILA ARCHITECTS: Approve a contract award and
Service Authorization No. 1 in the amount of $221,500.00 to Currie, Sowards, Aguila
Architects for professional consulting services related to the replacement of Fire Station
#4 on Lake Ida Road at Barwick Road. Funding is available from 334-6112-522-62.88
(General Construction FundfFire Station #4).
8.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.l.
8.J. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve
an Interlocal Agreement between the City and Palm Beach County for the design and
installation of pedestrian countdown signals at the intersections of northbound US 1
(Federal Highway) at East Atlantic Avenue and southbound US 1 (Federal Highway) at
East Atlantic Avenue. Funding is available from 334-3162-541-64.57 (General
Construction FundlPedestrian Countdown Signals).
8.K. PROPOSAL FOR HOLIDAY PROJECT/YOU ARE NOT ALONE
ORGANIZATION: Approve the Holiday Project proposed by the You Are Not Alone
Organization as discussed at the October 10, 2006 Workshop and provide funding up to
$5,000.00 for mailing packages to armed service personnel. Funding is available from
001-6311-562-99.99 (General Fund/Other Non-Operating).
8.L. REVISION/HURRICANE HOUSING ASSISTANCE PLAN
(HHAP): Approve a technical revision to the Hurricane Housing Recovery (HHR)
Program, Hurricane Housing Assistance Plan (HHAP) for Fiscal Years 2005-2008.
8.M. REQUEST FOR PROPOSAL/SINGLE HEAD AND MULTI SPACE
METERING SYSTEMS: Approve the Request for Proposal (RFP) for the purchase,
installation, and maintenance of single head and multi space meters to convert the
existing metering system currently in place east of the Intracoastal Waterway.
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10/17/06
8.N. ACCESS AGREEMENT/LION TELEVISION: Approve an access
agreement between the City of Delray Beach and Lion Television for access to the Police
Department and SWAT Unit for filming ofthe television show, SWAT USA.
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 2, 2006 through October 13, 2006.
8.P. AWARD OF BIDS AND CONTRACTS:
1: Bid award to Bermuda Landscape and Design, Inc. in the amount
of $59,928.00 for tree and plant replacement and stump removal at
the Tennis Center. Funding is available from 001-4215-575-63.20
(General Fund/LandscapinglBeautification).
2. Approve Requisition #128779 with RLS Lighting, Inc. in the
amount of $15,968.00 for the purchase of sixteen (16) aluminum
litter containers with fiberglass liner and lids. Funding is available
from 433-3711-534-49.90 (Sanitation Fund/Other Current
Charges/Obligations).
3.
Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton,
FloridalPierce Manufacturing, Inc. in the amount of $424,599.00
for the purchase of one (1) 2007 Pierce Manufacturing, Inc.
Pumper for the Fire Department. Funding is available from 501-
3312-591-64.25 (Central Garage FundlHeavy Equipment).
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4. Purchase award to Hall-Mark Fire Apparatus of Ocala, Florida in
the amount of $208,184.47 via the Florida Sheriffs Association,
Bid #05-06-0823 for one (1) 2007 Horton Rescue Transport Unit
for the Fire Department. Funding is available from 501-3312-591-
64.25 (Central Garage FundlHeavy Equipment).
5. Purchase award to Sungard H.T.E., Inc. in the amount of
$117,480.00 for the purchase of H.T.E. Mobile Data Browser
Software replacing the existing Motorola Mobile Data Software.
Funding is available from 334-6111-521-66.10 (General
Construction Fund/Software).
~ REFUND/JEAN LOUIS SAINT FORT AND JOSETTE SAINT
FORT: Approve a request to refund an escrow deposit of $5,000.00 to Jean Louis Saint
Fort and Josette Saint Fort for property located at 802 S.W. 3rd Street.
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
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10/17/06
9.
9.A.1. SERVICE AUTHORIZATION NO. 1.3/KIMLEY-HORN AND
ASSOCIATES. INC.: Approve Service Authorization No. 1.3 in the amount of
$197,085.00 to Kimley-Horn and Associates, Inc. for professional consulting services
related to the improvements of the City's Soccer Complex at the old Atlantic High
School site. Funding is available from 380-4150-572-63.49 (parks & Recreation Bond
Fund/Soccer Complex).
REGULAR AGENDA:
The City Attorney stated staff would like to put a definite completion date.
Richard Hasko, Director of Environmental Services, stated he was not able
to get a written response from Kimley-Horn for tonight's meeting and noted that it will
be approximately 90 to 120 days.
Prior to the vote, brief discussion between Commissioner Levinson and
staff followed regarding the CM at Risk.
Mrs. Ellis moved to approve Service Authorization No. 1.3 with Kimley-
Horn subject to authorizing a completion date of ninety (90) days, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 6:47 p.m., the Commission moved to Item
9.A.
9.A. REQUEST FOR IN-LIEU PARKING SPACES/LEMONGRASS
RESTUARANT: Consider a request from Lemongrass Restaurant for the purchase of
two (2) in-lieu parking spaces in the amount of $31,200.00. Lemongrass Restaurant is
located at 420 East Atlantic Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had a conversation with Mr. Mankoff. Mrs.
Montague stated she met with Mr. Mankoff as well as the applicant. Mayor Perlman
stated he met with Mr. Mankoff and Mr. Weiner. Mrs. Ellis stated she met with Mr.
Mankoffand Mr. Weiner. Mr. Fetzer stated he met with Mr. Weiner.
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10/1 7/06
Scott Aronson, Parking Management Specialist, stated Lemongrass
Restaurant is located at 420 East Atlantic Avenue and they have submitted a Class III site
plan modification for the conversion of a 505 square feet of retail area to restaurant
leaving a portion of the retail bay and the storage and restroom facilities and office for the
retail will remain in the rear of the bay. He displayed the floor plan (i.e. existing and
proposed) of the restaurant. Mr. Aronson stated Section of 4.4.13(G) of the Land
Development Regulations (LDR) for the proposed conversion requires that parking be
provided for the area being converted by calculating the difference between the parking
requirement for retail, (1 space per 300 square feet or 1.68 spaces), and restaurant, (6
spaces per 1,000 square feet or 3.03 spaces). The proposed conversion will require the
provision of two (2) parking spaces. The current fees in the area are $15,600.00 per
space, resulting in a total in-lieu fee of$31,200.00. Mr. Aronson referenced a rectangular
item on the site plan is a floor to ceiling screening that will separate the two and staff
expressed concern that there is really no clear separation. It is noted that the Downtown
Cluster Study commissioned by the Downtown Development Authority (DDA) raises a
concern about the conversion of use from retail to restaurant. Staff supports this position
that this conversion of use would be a detriment to what the Cluster Study calls for which
is maintaining retail along Atlantic Avenue.
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At its meeting of September 11, 2006, the Downtown Development
Authority (DDA) recommended denial of the applicant's request with a 3 to 2 vote with
one member abstaining; at its meeting of September 12,2006, the Parking Management
Advisory Board recommended approval of the applicant's request with a 6 to 2 vote (Cox
and Stevens dissenting); at its meeting of September 21, 2006, the Community
Redevelopment Agency (CRA) unanimously recommended approval of the applicant's
request. Staff recommends denial of the request from Lemongrass Restaurant to
purchase two (2) in-lieu parking spaces to accommodate a proposed conversion of use of
505 square feet of retail space to restaurant.
Jason Mankoff. 102 N. Swinton Avenue. Delrav Beach. representint!
the applicant. stated the restaurant is very narrow and small and the applicant is looking
to expand the restaurant slightly. He stated the applicant receives many requests to hold
private parties at this facility and he cannot accommodate people the way the restaurant is
laid out. The proposed seating area will be used for regular dining but it will also be
closed off for private parties. He stated without the successful restaurant there first and
without a destination for people in the area, they are not really going to go to the retail.
He stated the Cluster Study supports their application. Mr. Mankoff referenced an article
in USA Today and commented that Lemongrass was one of three restaurants mentioned
and he believes that we should do everything to try and promote the restaurant and
referenced an article from the Daily Business Review. Mr. Mankoffread a statement into
the record from the Downtown Cluster Study and the Delray Beach Downtown Master
Plan.
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Geort!e Brewer. Architect. stated with respect to the Downtown Cluster
Study the retail aspect of this bay has been retained. The retail lighting will be much
brighter and briefly described what the project will look like. Mr. Brewer stated they
have tried to keep in the flavor of the Cluster Study and at the same time make an
expansion to an existing restaurant that is successful and needs more indoor dining. He
reiterated that with regard to the retail aspect of it, through lighting and some visual
affects that are going to be used the retail is going to be retained one hundred percent
(100%).
Mayor Perlman stated if anyone would like to speak III favor or III
opposition of the in-lieu request, to please come forward at this time.
Bruce Gimmv. 439 E. Atlantic Avenue. Delrav Beach (merchant on
the Avenue across the street from this proiect) stated he worked with Chris Brown on
the Parking Study Committee when he first came to town. He stated restaurants are a big
part of the renaissance in Delray Beach which he supports; however, the Cluster Study
let's us know that we have hit the saturation point. Mr. Gimmy stated this year three
restaurants in the 400 block went out of business. He suggested that if you need more
space take one of the restaurants that are going out of business and move to a larger spot.
He feels restaurants should be allowed to have an awning out to the curb not only for the
sunshine but also for when it rains. Mr. Gimmy stated we need representation of people
who know what is going on downtown.
There being no one else who wished to address the Commission regarding
the in-lieu request, the public hearing was closed.
The following individual gave a rebuttal:
Scott Aronson, Parking Management Specialist, stated this area (frontage
being maintained as retail) could serve as a waiting area for the restaurant. Secondly, the
passage/opening is available for people in the retail shop to use the restroom. Mr.
Aronson stated the City Code reads that the requirement for parking in the CBD (Central
Business District) is six (6) spaces per 1,000 square feet of total floor area.
Jason Mankoff. Attornev with Weiner & Aronson. P.A.. stated he
appreciates Mr. Gimmy's comments and noted this is a difficult area to make it on
Atlantic Avenue. Mr. Mankoff stated this is not a new restaurant but this is an expansion
of a restaurant.
The City Attorney stated there is no Board Order for this; however, there
is a finding that the Commission approves the two (2) in-lieu spaces because it is
inappropriate to provide such parking.
Mrs. Ellis moved to approve the two (2) in-lieu spaces because it is
inappropriate to provide such parking, seconded by Mr. Fetzer.
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Prior to the vote, Mrs. Montague asked if the ceiling to floor separation is
a permanent structure. Mr. Brewer stated it is a permanent structure.
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Mrs. Montague asked ifthere are outdoor tables now. Mr. Mankoff stated
there are outdoor tables in front of both bays. Mrs. Montague asked how the general
public gets into the retail space. Mr. Brewer stated from the same entrance that they have
now.
Mayor Perlman asked what the hours of operation are for the restaurant.
Art, owner of Lemongrass Restaurant, stated the restaurant will open around 12:00 noon
and close on the weekends at 11 :30 p.m.
Mrs. Montague stated the only condition she expressed concern over is
making sure the restaurant space takes up two 500 square feet of space and wants to
ensure that the wall does not get moved and that retail space gets expanded. She
expressed concern that because this is interior space it will become a Code Enforcement
issue. Mr. Mankoff stated the applicant is going to keep 505 feet as restaurant and the
front as retail. Mrs. Montague stated she would like it to read "up to 505 square feet of
space and making sure that the separation wall is a permanent structure".
Mrs. Ellis stated this reminds her of the Bank United vote. She sees this
as a waiting area for the restaurant and feels it should be included in the square footage
for the in-lieu. She stated it is a great restaurant; however, she feels the expansion is into
the entire bay and is truly not a separate retail establishment.
Mr. Fetzer inquired about the parking requirements. Mr. Aronson stated
this would increase the parking to four in-lieu parking spaces (the entire 1,500 square
foot bay).
Mr. Levinson stated he would rather have the applicant pay for the two (2)
spaces and be limited in the size so that the front would remain retail instead of giving the
applicant the four (4) spaces which would enable them to turn the entire thing into
restaurant because he feels there is value to having the retail up front.
Mayor Perlman concurs with comments expressed by Mr. Levinson.
Mayor Perlman stated he disagrees with Mr. Gimmy's comments about the
characterization of the CRA Board members not knowing what is going on downtown.
Mr. Levinson commented about a letter from Hand's and other retailers
who support this. He stated that Hand's does not open in the evening.
Mrs. Montague stated she will support the in-lieu request subject to the
three (3) conditions: (1) making sure the wall separating the retail from the restaurant is
permanent, (2) making sure the restaurant area is maintained and that it not exceed 505
square feet of restaurant space, and (3) making sure there is general public access to the
retail. Mr. Mankoff stated the applicant agrees to all three conditions.
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10/17/06
The motion was amended to include the three (3) conditions recommended
by Mrs. Montague.
Mrs. Ellis moved to approve the two (2) in-lieu spaces subject to the three
conditions, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mrs. Monta~e - Yes; Mayor Perlman - Yes; Mrs. Ellis - No; Mr.
Fetzer - Yes. Said motion passed with a 4 to 1 vote, Commissioner Ellis dissenting.
9.B. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF
NOVEMBER 7.2006.
At this point, the time being 7:21 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 58-06: Privately initiated amendment to the Land
Development Regulations Section 4.6.9(E) to provide credit towards required parking for
the developers constructing new on-street public parking in adjacent rights-of-way. Prior
to consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 58-06 is as follows:
ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS" OF THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES"; SUBSECTION
4.6.9(E)(I) AND (2) TO PROVIDE CREDIT TOWARDS
REQUIRED PARKING FOR THE CONSTRUCTION OF
NEW ON-STREET PUBLIC PARKING IN ADJACENT
RIGHTS-OF-WAY; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 58-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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10/17/06
Scott Aronson, Parking Management Specialist, stated this is a privately
initiated text amendment that is proposed by New Urban Communities and this ordinance
recommends that (1) the developers can get credit for newly constructed on-street parking
spaces in a public right-of-way and (2) across the street from the right-of-way within the
boundaries as extended from the property lines they can also construct new parking
spaces and get credit if adjacent to waterways, railways, parks and other public open
space. This proposal from the developer was one hundred percent (100%) credit for the
spaces. Staff's recommendation was for a fifty percent (50%) credit and at the first
reading the City Commission recommended approval of Ordinance No. 58-06 changing
the fifty percent (50%) to one hundred percent (100%) credit and as staff recommended
eliminating the allowance of those credited spaces in front of parks or other public open
space.
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Mr. Aronson stated the West Atlantic Redevelopment Coalition (W ARC)
and the Community Redevelopment Agency (CRA) both recommended approval of the
applicant's request as proposed. The Pineapple Main Street Board (PMSB), the Parking
Management Advisory Board (pMAB), and the Planning and Zoning Board (P&Z)
approved staffs recommendation and the Downtown Development Authority (DDA)
also recommended approval of staffs recommendation but had concerns with a
maximum of the percentage of credit towards the required parking that could be used and
they wanted to see streetscapes and sidewalks.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 58-06,
the public hearing was closed.
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Jeff Costello. 398 N.E. 6th Avenue. Delrav Beach. New Urban
Communities. stated at the first reading of the ordinance the positive recommendations
were made with regard to the consistency with the Master Plan, the aspect of providing
the shared parking and providing additional on-street parking. Mr. Costello stated the
incentives regarding parking primarily impact the one block north and south of Atlantic
Avenue where the reduced parking is available. He stated if you are within 600 feet of a
garage they are primarily within the corridor and to provide this incentive as you move
away from the downtown corridor, encourage the on-street parking and provide credit for
that.
Brief discussion by the Commission followed.
Mr. Fetzer moved to adopt Ordinance No. 58-06 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.B. RESOLUTION NO. 63-06/CONTRACT PURCHASE OF
PROPERTY/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider
approval of Resolution No. 63-06 authorizing the City to purchase property from the
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10/17/06
Delray Beach Community Redevelopment Agency (CRA) for the construction of the Old
School Square Parking Area, located west of Northeast 2nd Avenue and north of East
Atlantic Avenue.
The caption of Resolution No. 63-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SELLER AND THE
CITY OF DELRA Y BEACH, FLORIDA.
office.)
(The official copy of Resolution No. 63-06 is on file in the City Clerk's
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
The City Attorney stated Resolution No. 63-06 adopts a contract for
purchase of property from the Community Redevelopment Agency (CRA). This is the
final pieces that will allow the City of Delray Beach to have the downtown park. The
sale price is $1,168,368.00 and there is a $500,000.00 credit. The credit represents a
portion of the agreed upon contribution from the CRA to the City of Del ray Beach for the
construction of a public parking garage. The closing is set for no later than December 30,
2006.
Mr. Levinson moved to approve Resolution No. 63-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a
4 to 0 vote.
to.C. RESOLUTION NO. 65-06/2006 COMPREHENSIVE PLAN
EVALUATION AND APPRAISAL REPORT: Consider approval of Resolution No.
65-06 adopting the 2006 Comprehensive Plan Evaluation and Appraisal Report (EAR)
and transmit the adopted report to the State of Florida Department of Community Affairs.
The caption of Resolution No. 65-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FWRIDA, ADOPTING THE
2006 COMPREHENSIVE PIAN EVALUATION AND
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10/17/06
APPRAISAL REPORT; PROVIDING AN EFFECTIVE
DATE.
1
(The official copy of Resolution No. 65-06 is on file in the City Clerk's
office. )
Ron Hoggard, AICP, Senior Planner, stated this is the adoption of the
Comprehensive Plan Evaluation and Appraisal Report (EAR). The City Commission
reviewed a draft of the EAR at a public hearing on August 1,2006 and transmitted it to
the State of Florida Department of Community Affairs (DCA) for initial review. This
additional step affords an opportunity to address potential problems prior to adoption
after which DCA performs a formal sufficiency review. DCA's initial review identified
several areas, which relate mainly to the financial feasibility of the Plan and concurrency
have been addressed. Changes were made to the Transportation Element, Public
Facilities Element and Open Space and Recreation Element and Capital Improvement
Element of Chapter 4 "Element Summaries" of the EAR.
Vice Mayor Ellis declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 65-06,
the public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 65-06 adopting the 2006
Comprehensive Plan Evaluation and Appraisal Report and transmit the adopted report to
the State of Florida Department of Community Affairs (DCA), seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to
o vote.
At this point, Commissioner Levinson stepped away from the dais.
to.D. ORDINANCE NO. 53-06: An ordinance amending Chapter 101, "Parks,
Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24,
"Traffic Regulations", to provide that overhead vehicles shall not be operated within 300
feet of the municipal beach except for hot air balloons, airplanes, jets and/or helicopters
and motor vehicles shall not be driven on the municipal beach except for authorized uses.
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 53-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH BY AMENDING SECTION
101.24, "TRAFFIC REGULATIONS", TO PROVIDE
THAT OVERHEAD VEHICLES SHALL NOT BE
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10/17/06
OPERATED WITHIN 300 FEET OF THE MUNICIPAL
BEACH EXCEPT FOR HOT AIR BALLOONS,
AIRPLANES, JETS AND/OR HELICOPTERS AND
MOTOR VEHICLES SHALL NOT BE DRIVEN ON THE
MUNICIP AL BEACH EXCEPT FOR AUTHORIZED
USES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
office. )
(The official copy of Ordinance No. 53-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Vice Mayor Ellis declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 53-06,
the public hearing was closed.
At this point, Mayor Perlman returned to the dais.
Mrs. Montague moved to approve Ordinance No. 53-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis-
Yes. Said motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 55-06: City initiated amendment to the Land
Development Regulations Article 1.3, "Nonconforming Uses, Lots, and Structures", of
the Land Development Regulations, Section 1.3.6, "Repairs and Maintenance", to
provide that if repairs are made to structures damaged by an act of God; Section 1.3.8
"Reconstruction Necessitated by an Act of God" shall apply. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 55-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ARTICLE 1.3, ''NONCONFORMING
USES, LOTS, AND STRUCTURES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 1.3.6, "REPAIRS AND MAINTENANCE", TO
PROVIDE THAT IF REPAIRS ARE MADE TO
STRUCTURES DAMAGED BY AN ACT OF GOD,
THEN SECTION 1.3.8, "RECONSTRUCTION
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10/17/06
NECESSITATED BY AN ACT OF GOD", SHALL
APPLY; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
1
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(The official copy of Ordinance No. 55-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open.
Arthur Tavlor. former owner of the Chrysler Dealership on Federal
Hit!hwav now known as Maroone. owns the two blocks south of Geort!e Bush
Boulevard. stated with the proposed changing of the zoning on it he would have non-
conforming buildings. Mr. Taylor is requesting that commercial be included in this as
well as residential.
The City Attorney stated the commercial was not included in this and
therefore the ordinance would have to be amended to include commercial. The City
Attorney stated if the direction is to include commercial staff would bring another
ordinance back amending the Act of God ordinance and include not only residential but
commercial structures. It was the consensus of the Commission to pass this and bring
back a new ordinance with this change.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mrs. Montague moved to approve Ordinance No. 55-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes. Said motion passed with a 4 to 0 vote.
At this point, Commissioner Levinson returned to the dais.
B.A.
City Manat!er's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
mqumes.
11.B. From the Public.
There were no comments from the public on non-agenda items.
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10/17/06
At this point, the Commission moved back to Item 9.C. of the Regular
Agenda.
9.C. SPECIAL EVENT REQUESTIRUN FOR MlRACLESIMILAGRO
CENTER: Consider approval and endorsement of the 1 st Annual Run for Miracles
sponsored by the Milagro Center to be held on January 6, 2007 from 7:00 a.m. to
approximately 9:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for
the closure and use of A-I-A from Casuarina to George Bush Boulevard from 5:00 a.m.
to approximately 10:00 a.m., and authorize staff support for traffic control, barricade set-
up/removal, trash removal and clean up, use of small stage, and waiver of parking meter
fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic A venue from
Venetian Drive to A-I-A from 8:00 a.m. until approximately 10:00 a.m.
Mrs. Montague stepped away from the dais.
Robert A. Barcinski, Assistant City Manager, stated this is the 1 st Annual
Run for Miracles sponsored by the Milagro Center to be held on January 6, 2007 from
7:00 a.m. to approximately 9:00 a.m. Staff is requesting approval of a temporary use
permit for the closure and use of A-I-A from Casuarina to George Bush Boulevard and
authorize staff support as requested for traffic control, barricading and clean up, use of
small stage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park
as well as along Atlantic Avenue from Venetian to A-I-A from 8:00 a.m. until
approximately 10:00 a.m. Mr. Barcinski stated a permit has been submitted by Evan
Shulte (Atlantic High School student) coordinating this as a community service project.
The estimated overtime cost for this, event is $2,900.00, stage rental $265.00, and
barricade rental $55.00. Staff recommends approval of the event pending a receipt of the
Certificate of Insurance and Hold Harmless Agreement from the Milagro Center.
Evan Shulte. a sophomore in the IB Prot!ram at Atlantic Hit!h School.
stated this is a 5K run (same route as the Turkey Trot) and he is doing this to support the
Milagro Center. He stated he has read numerous newspaper articles regarding the
Milagro Center because they are a good charity. Mr. Shulte stated he selected the
Milagro Center as the charity because they wanted to expand their facility and they need
funds to do so. Therefore, Mr. Shulte stated he plans to donate the revenues from the run
to the Milagro Center.
Mrs. Ellis moved to approve the Special Event request for the Run for
Miracles, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
9.D. REQUEST TO WAIVE CHARGES/GARLIC FEST 2007: Consider a
request from Nancy Stewart to waive charges for the City services for the 2007 Garlic
Fest being held on February 16, 2007 through February 18, 2007. Staff recommends
denial.
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10/17/06
Robert A. Barcinski, Assistant City Manager, stated staff received a
request from Nancy Stewart to waive charges for City services for the 2007 Garlic Fest.
The total estimated costs for City staff overtime and rental charges for this event are
$21,450.00. Per event policies and procedures, the event sponsor is responsible to pay
approximately $8,350.00 for these costs. Staff is concerned this will set a precedent for
other requests to waive City charges from other event sponsors. Ms. Stewart feels that
the request is different since the Garlic Fest makes donations to other non-profit
organizations for the time that volunteers work for the event. Staff recommends denial of
the request to waive charges for City services for the 2007 Garlic Fest.
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Bern Ryan, Chief Financial Officer of the Delray Beach Arts, Inc. (Garlic
Festival), briefly highlighted the Garlic Festival and commented that the Garlic Fest is
based on the original Garlic Festival in Gilroy, California.
Mrs. Ellis stated the Commission is setting a precedent but are supporting
a sponsorship because of the economic impact and the contributions to our local charities.
She stated she is willing to try this one time based on the information being provided at
this time and she expects the City to get a return on their investment tenfold.
Mr. Fetzer stated he would support this as a sponsorship for one year and
re-evaluate it next year.
Brief discussion continued between Mr. Ryan, Nancy Stewart, and the
City Commission.
Mrs. Montague moved to approve $8,350.00 as a one time sponsorship
paid for by the fee waiver, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson -
No; Mrs. Montague - Yes. Said motion passed with a 4 to 1 vote, Commissioner
Levinson dissenting.
9.E. REQUEST TO EXTEND CLOSING HOURS FOR SANDOW AY
AND MARRIOTT PARKING LOTS: Consider a request from Mark DeAtley to
extend the closing hours at the Sandoway and Marriott parking lots on October 20, 2006
and on October 21, 2006 until 11:00 p.m. to accommodate Boston's on the Beach 27th
Anniversary Party.
Robert A. Barcinski, Assistant City Manager, stated staff received a
request from Mark DeAtley, General Manager of Boston's on the BeachlUpper deck, for
Boston's on the Beach 27th Anniversary party to be held on Friday, October 20-22, 2006.
He is requesting a waiver on the closing time to allow the Sandoway parking lot and the
Marriott parking lot to extend the closing time to 11 :00 p.m. on Friday, October 20, 2006
and Saturday, October 21, 2006. Mr. Barcinski stated staff recommends the following
conditions: (1) Boston's provide security in the lots from 8:00 p.m. to 11 :00 p.m. and (2)
Boston's be responsible for locking both parking lot gates at 11 :00 p.m.
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10/17/06
Mr. Fetzer moved to approve to the closing time to 11 :00 p.m. on October
20-21, 2006 for the Sandoway parking lot and the Marriott parking lot subject to the
conditions as recommended by staff, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.F. POMPEY PARK BUILDING EXPANSION PROJECT: Presentation
and discussion of options for implementation of the Pompey Park Building Expansion
Proj ect.
Richard Hasko, Director of Environmental Services, introduced Victor
Majtenyi, Deputy Director of Public Utilities, and briefly explained the results of the
engineering efforts from two firms on the expansion to Pompey Park improvements. Mr.
Hasko displayed a floor plan sketch that staff is using to illustrate the results of the value
engineering that was done by Weitz Company (CM that will be doing the Western
Community Center). Staff received a response from Randolph & Dewdney and their bid
came in over $1,052,000.00. Weitz Company had an initial proposal of$I,013,OOO.OO.
The City Manager asked if Weitz's proposal includes all three alternates in
the original bid of $1,013,444.00. In response, Mr. Hasko stated it does not include all
three alternates.
Joe Weldon, Director of Parks and Recreation, stated staff has spent a lot
of time planning this and he would like to see the Commission fund this project as is.
Brief discussion between staff and the Commission followed.
The City Attorney stated the City went out to bid and did not get any
response and the City has the ability to waive the bidding requirements so the project is
not delayed.
Mr. Levinson stated the Commission had previously discussed one of the
critical things in this project being the timeline and asked if staff has talked to either
contractor to discuss timelines.
Mr. Hasko stated the issue with the timing is because there was a conflict
with the Roots Cultural Festival.
The City Attorney stated staff would have to advertise a waiver of all the
bidding requirements two weeks prior to the meeting of November 7,2006.
It was the consensus of the Commission to proceed with advertising the
waiver of bidding requirements.
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10/17/06
9.G. SHUTTLE SERVICE MARKETING AND GRAPHICS PLAN:
Presentation of the Shuttle Service Marketing and Graphics Plan for review and approval.
Scott Aronson, Parking Management Specialist, gave a brief PowerPoint
presentation of the Shuttle Service Marketing and Graphics Plan.
Mrs. Ellis asked if the stops have been determined yet. In response, Mr.
Aronson stated the stops have been determined and run every two blocks or so in the
downtown area.
Mr. Levinson suggested that whatever website there is for it include the
name "Delray" to the web link.
Mayor Perlman asked when this will start. In response, Mr. Aronson
stated in approximately three weeks or so. Mr. Aronson stated if this is approved staff
will need to order the Mylar and get the buses wrapped. With regard to encouraging the
downtown employees to park and to use this, Mayor Perlman asked if staff is going to
meet with the merchants Mr. Aronson stated through the Downtown Development
Authority (DDA) and the Chamber of Commerce staff is going to meet with the
merchants and try to get the owners of the businesses to talk to their employees about
doing this. Mr. Aronson stated there are some government programs for employers that
subsidize their employees actually taking the train and then using the shuttle to get
downtown. In addition, posters will be distributed to all merchants as well. Staff will
encourage people to use the garages and lots on the periphery of the downtown.
Mayor Perlman inquired about selling advertising on these buses. Mr.
Aronson stated staff will be doing some in-house advertising inside the buses along the
top framing of the bus but there will be no commercial advertising.
Robert A. Barcinski, Assistant City Manager, stated the shuttle stop
signage could be a challenge.
Mrs. Ellis stated she likes the design and thanked Marjorie Ferrer for all
her hard work.
Mrs. Montague asked if you can see inside the front of this bus and
inquired if this has been reviewed by the Police Department. In response, Mr. Aronson
stated the driver window and the windshield will not have any covering on them and the
Mylar is see-through from the inside to the outside. Seeing in depends on light
conditions you can see shadows. Mr. Aronson stated staff with get with the Police
Department and see what staff needs to do to meet the criteria if any.
It was the consensus of the Commission to move forward with this.
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10/17/06
9.H. NAMING REQUESTIROBERT FEDERSPIEL: Consider a request to
name the Southeast 1 st Avenue Parking Garage in honor of Robert "Bob" Federspiel.
Mayor Perlman stated he received a letter from Bob Federspiel's widow
and she is very happy to hear about this.
It was the consensus of the Commission to proceed with this.
9.1. THIRD SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN
AND ROBERT DEIGNAN V. CITY: Consider a third Settlement Offer in the amount
of $2,500.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff recommends
Commission discretion.
The City Attorney stated currently the Settlement Offer is $2,500.00
($2,000.00 for Cheryl Wright-Deignan and $500.00 for Robert Deignan).
Mr. Levinson moved to approve a third Settlement Offer in the amount of
$2,500.00, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Fetzer - No; Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman - No; Mrs. Ellis
- No. Said motion was DENIED with a 5 to 0 vote.
9.J. RAILROAD INSURANCE/FLORIDA EAST COAST RAILROAD.
LLC. (FEC): Provide direction regarding railroad insurance coverage for the twelve
(12) railroad crossings and four (4) leased parcels adjacent to the FEC railroad tracts.
The City Attorney stated staff has provided the Commission with Statutes
dealing with railroads and staff went out for quotes to see how much it would cost to
provide this insurance because this is what is required by the FEe.
Mr. Levinson suggested that staff talk to the FEC Railroad to see if the
City could be named as an additional insured for a fee that would be more reasonable
than the proposed individual policy that the City would buy. In addition, Mr. Levinson
stated it would worth having a conversion with the Metropolitan Planning Organization
(MPO) and the League of Cities.
Mayor Perlman stated he is not ready to spend this amount of money.
Mr. Levinson stated that he will be in Orlando next Thursday and will not
be able to attend the MPO Meeting and commented he hopes that the alternate can go in
his place.
9.K. AGREEMENTINEWSLETTER PRODUCTION SERVICES/POLLACK
COMMUNICATION: Consider approval of a proposal for a one-year agreement between
the City and Pollack Communications for newsletter production services in the amount of
$8,200.00. Funding is available from 001-1316-512-34.90 (General Fund/Other Contractual
Services).
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10/17/06
Doug Smith, Assistant City Manager, stated this is a follow-up to the
September 12,2006 Workshop discussion where staff discussed an additional newsletter
publication. A summary of the firm's pricing for six issues (10,000 per issue) is outlined
in staff's memorandum. Mr. Smith stated staff was trying to find out what the active
registered voter number might be and this is what the recollection was of what was done
for the Referendum for the Parks Bond Issue. Pollack Communications provides a very
competitive pricing schedule and is a local firm that produces the Downtown Wire
Publication for the Downtown Marketing Cooperative and also provides fixed costs for
their monthly design, writing, and associated services. Staff recommends to contract
with Pollack Communications in the amount of $8,200.00 for a one year agreement and
to contract separately with a printing company to do the printing and preparation for
mailing. In addition to the printing costs, there would also be postage costs. Estimated
mailing costs are a total of$13,200.00 for six issues. Using an estimate of $13,200.00 for
printing/mailing preparation and $8,200.00 for Pollack Communications' services yields
an estimated first year cost of $34,600.00 for the newsletter.
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Ivan Ladizinsky, Public Information Officer, suggestions for the
newsletter are "Home Page" or "Delray's Home Page" which provides a theme that
emphasizes the City's web site, and the Mayor suggested "Get Connected" as a title for
the publication. Staff recommends Commission authorization for preparation of a
contract by the City Attorney's office and for the City Manager to execute a one-year
agreement with Pollack Communications for newsletter production services in the
amount of $8,200.00.
Prior to the vote, Mayor Perlman asked how many pages is the newsletter.
In response, Mr. Smith stated this pricing is quoted to do a four page newsletter (11 x 17
folded).
Mr. Smith stated in his discussions with the City Clerk's office per their
discussions with the Supervisor of Elections office the tracking as far as the voting would
record the most recent time that registered voters voted.
Mr. Levinson suggested that there be some methodology by which people
who might pick it up somewhere and did not get it in the mail can subscribe to get it in
the mail when they are online at the City's web site.
Mr. Smith stated the first issue is to be out in November including things
such as the shuttle bus and holiday events. Mrs. Montague inquired as to a specific date
in November and Mr. Smith stated he will contact Mr. Ladizinsky for the information and
get back to the Commission.
Mr. Levinson moved to approve authorization for staff to prepare and for
the City Manager to execute a one-year agreement with Pollack Communications for
newsletter production services in the amount of $8,200.00, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague -
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with
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10/17/06
a 5 to 0 vote.
9.L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint four (4) regular members to the Neighborhood Advisory Council
for Zone 3, Zone 4, Zone 5 and Zone 6 to serve three (3) year terms ending October 31,
2009, one (1) regular member for Zone 3 to serve an unexpired term ending October 31,
2007 and one (1) At Large Representative to serve a three (3) year term ending October
31, 2009. Based upon the rotation system, the appointment will be made by Mayor
Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4) and Mayor
Perlman (Seat #5).
Mayor Perlman stated he wished to appoint Shirl Fields as a regular
member to the Neighborhood Advisory Council for Zone 3 to serve a three (3) year term
ending October 31,2009. Mr. Levinson so moved, seconded by Mrs. Ellis. Upon roll
call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to
o vote.
Mrs. Ellis moved to appoint Claudia Flores as a regular member to the
Neighborhood Advisory Council for Zone 4 to serve a three (3) year term ending October
31,2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to appoint Matthew Hartley as a regular member to the
Neighborhood Advisory Council for Zone 5 to serve a three (3) year term ending October
31,2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to appoint Joseph Kamarata as a regular member to
the Neighborhood Advisory Council for Zone 6 to serve a three (3) year term ending
October 31, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman-
Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Montague moved to reappoint Charles Stravino as an At Large
Representative to the Neighborhood Advisory Council to serve a three (3) year term
ending October 31, 2009, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
Mayor Perlman stated he wished to appoint Linda Leib as a regular
member for Zone 3 to serve an unexpired term ending October 31, 2007. Mrs. Ellis so
moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
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10/1 7/06
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
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At this point, the time being 9:21 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 60-06: Amending Section 10.99, "General Penalty,"
of the Code of Ordinances by adding Civil Citations under Section 37.45 as an
Enforcement method adopted by the City. If passed, a public hearing will be scheduled
for November 7, 2006.
The caption of Ordinance No. 60-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 10.99, "GENERAL PENALTY",
OF THE CODE OF ORDINANCES BY ADDING CIVIL
CITATIONS UNDER SECTION 37.45 AS AN
ENFORCEMENT METHOD ADOPTED BY THE CITY;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 60-06 is on file in the City Clerk's
office)
The City Attorney read the caption of the ordinance.
Mrs. Ellis moved to approve Ordinance No. 60-06 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
12.8. ORDINANCE NO. 61-06: Amending Section 52.03, "Use of Water
from Hydrants," of the Code of Ordinances to provide for an increase in the security
deposit for hydrant meters and also provides for a nonrefundable installation/removal fee
to cover the cost of City employees installing and removing the hydrant meter. If passed,
a public hearing will be scheduled for November 7, 2006.
The caption of Ordinance No. 61-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER", OF-THE CODE
OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, BY AMENDING SECTION 52.03, "USE OF
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10/17/06
WATER FROM HYDRANTS", TO PROVIDE FOR AN
INCREASE IN THE SECURITY DEPOSIT FOR
HYDRANT METERS AND TO PROVIDE FOR AN
INSTALLATION/REMOVAL FEE OF THE HYDRANT
METER BY CITY STAFF; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 61-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Prior to the vote, Mr. Levinson confirmed with Mr. Hasko that staff will
be responsible for installation/removal of the hydrant meters instead of the contractors.
He asked how much time this will take and if staff has time to assume this responsibility.
Mr. Hasko stated there is sufficient City staffto assume this responsibility.
Mrs. Montague moved to approve Ordinance No. 61-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Manat!er
The City Manager stated at the last meeting there was discussion about the
November City Commission Meeting (November 7, 2006) date and that it is on the same
evening as the Election. He stated if the Commission desires to change this scheduled
meeting, tonight would be the last opportunity to do so. After brief discussion, it was the
consensus of the Commission to leave the first Regular City Commission Meeting
scheduled for November 7, 2006.
Secondly, the City Manager announced that the Tri-Cities Barbeque is
scheduled for December 15,2006 in Belle Glade.
He stated the following appointments were made to the Treasure Coast
Regional Planning Council (TCRPC): Maury Jacobson was appointed as a regular
member and replaces Jim Exline and alternates are Retha Lowe from the City of Lake
Worth; Robert Gottlieb from South Palm Beach; David Lodwick, Village of Royal Palm
Beach; Fred Pinto from Village of Royal Palm Beach; and John Workman from Town of
Palm Beach Shores.
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10/17/06
Lastly, with regard to a letter Mr. Levinson stated he received about
drainage markers, the City Manager stated the State's location notification service has
been monitoring the drainage district for establishment of the location markers. There
was a coordination meeting held last year where this issue was discussed along with a
negotiation of their fee increases. He stated no one on the current staff was in attendance
and therefore staffwas unaware of the twelve (12) month time limit that was established.
Staff has been in contact with the district and is coordinating the location markers.
1
,
!
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission
Mr. Levinson
Mr. Levinson stated he received a letter from Donald Mackey at 619
Wiggins Road. He stated Mr. Mackey does not live in Delray Beach and he has an
address that does not exist. Additionally, Mr. Levinson stated Mr. Mackey has a business
at this address called "Signature Builders" and he would like staff to pursue identifying if
Mr. Mackey has an occupational license. Mr. Levinson stated he has left messages for
Mr. Doug Mackey and Mr. Don Mackey with "Signature Builders" and he has not heard
back from them.
Secondly, Mr. Levinson stated he had a great time at the Spady Gala.
I
13.C.2.
Mrs. Montat!ue
Mrs. Montague had no comments or inquiries on non-agenda items.
13.C.4.
Mrs. Ellis
Mrs. Ellis stated she and Commissioner Montague will be in Orlando on
Friday attending the League of Cities Committee Meetings.
13.C.5.
Mr. Fetzer
Mr. Fetzer commented about the Wastewater Treatment Meeting
Thursday evening and expressed concern over there not being a quorum. Commissioner
Montague stated she will be attending so there will now be a quorum.
13.C.5.
Mavor Perlman
Mayor Perlman distributed a brochure from the City of Boca Raton
regarding their budget. He suggested that the City of Delray Beach think about doing
something similar for the City's newsletter.
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10/1 7/06
Secondly, he confirmed that the issue regarding cigarettes on the beach
will be discussed at the City Commission Workshop Meeting of November 14, 2006.
Mr. Levinson suggested that staff draft an ordinance to prohibit cigarettes on the beach to
review at the Workshop Meeting.
Mayor Perlman stated he will be at the Florida Redevelopment
Association (FRA) Meetings the next few days and noted Diane Colonna will be giving a
presentation along with Joe Gray and Jon Levinson.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:33 p.m.
~'Sb. ~~
City Clerk
ATTEST:
~2.~
OR "-
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on October 17, 2006, which Minutes were formally approved and adopted by the City
Commission on November 7, 2006
~~.~~
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 27-
10/1 7/06
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
.AST NAME-f'IRST NAME~IDOLE NAME
Perlman, .Jeffrey L.
llAAIUNG ADDRESS
971 Delra
Lakes Drive
COUNTY .
Palm Bea.ch
10/17/06
NAME OF BOARD, COUNCIl, COMMlSSKlN, AtJ'1'HoRny, OR COMMIT1'EE
it '. C6mmission
TliE BOARD, COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY QCOUN1Y QOTHElUOCALAGENCY
NAMe OF POUTlCAl suaoMSlON:
Cit of Delra Beach
MY POSITION IS: .
CITY
44
DATE ON WHICH VOTE OCCURRED
D ElECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in. which you have a conflict of interest win vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this tonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORID~ STATUTES
, person holding electlve or appointive county, A1unlcipal, or other loea1publlc office MUST ABSTAIN from voting on arneasurewhlch
nures to his or her special private gain or loss. Eaohelected or appointed local officer also is Prohlbitedfromknowingl~votiflq on a ,mea-
;ure.\YhIc:h Inures. to the special gain or Ios$..of a principal (other than a government agency) by whom he or she Is retained (lnclUding.the
parent organization or subsidiary of acorpoqite principal by which he or she is retained): to the special prlv~te gain or loss of a reiatlve; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting In that
capa~ty.
FOr purposes of this law, a -relative- includes only the off&eer's father, mother, son, daughter, husband, wife, brother, sister, father-irHaw,
mother-In-law, son-In-law. and daughter-In-law. A -business associate- means any person or entity engaged In or carrying on a buSiness
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the <:orpotation
are not listed on any national or regional stock exchange).
.
.
.
.
.
.
.
.
.
.
. ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest In the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responslbleJor reoon:ling the mln-
utes of the meeting, who shouk:l incorporate the fOrm In the minutes. .
.
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APPOINTED OFFICERS:
Although you must abstain from voting In the situations described above, you otherwise may participate In these matters. HOwever, you .
must disclose the nature of the conflict before making any'.attempt to Influence the decision, whether orally or In writing alld Wheihermade
'y you or at your direction.
: YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILLSE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fann In the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000
Item. 10.B
PAGE 1
APPOINT~,? ,QFFI~eRS (~ntirll~e<t}.
:.:~"J.: ^: .' " _ ..., ': '. . _ . _ . _ . .
-A ~of~ ~~U$t be'~e<f,lrnme<fl8telyto" othet~ Of lf1eag'ency.
- The fOntrmust be readpubi'~at the next meeUng after theform is filed.
IF YOU MAKE NO ATTEMPTTO INFLUENeE THenEClSION ~CEPT BY DISCUSSION AT THE MEETING':
. .. . . ."
. "'1
. : ~
. .~ "
- You must disclose orally the nature of your conflict in the measure before participating.
. You musfcomplete the form and file It within '15 days after the vote OCcUrs with the pel'SOR responsible for recording.the fJ1in~q,fthe
meeting. who must incorporate the form. in ..fIle minutes. A copy of the form must be provided immediatelY to the other memt>ers'ofthe
'agency. and the fonn must be read pUbndy at ~e next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. 'IIlf<f<TPY ~Tlm::ln
. hereby disclose that on
October 17,
. 200~:
(a)A'm8asuNcl~.()(~II'come.t)efore my aQ8OCYWhich(~ one)
;', - ;" ,..,}.',.:..',., ". -" "
; _" incJnJd to mY special private gain or loss;
- '.. Inured to the Special gainor,loss of my business a~~
XX ....~ ~ th$~si*ial ~inorlossofmyrelative, . Diane Co~onna
_ inured to the special gain or loss of
whom I am retained; or
_-, im.JAId.to.the specfalgaln.or lass of
.~:- >~'<'~>,:-:-".' "..
'. .
~":.~; ~,,,,':-":i,,_i'.
.<by
Is the ~~tiai.'Or sub$idiai'y ofa prir!cipal ~ha$ re~ined me.
. . . - '," . . .
{b)the~;beforemY~andthe' nature of mY'~lctinoirlte~ intf1er,ne~ur~lsaSfQl~: , ..'
~.',:, .,; (>i_;,::,<;,t.~.-.__",_ ;""':_," _ ' _. ,_. :,__:_"'_ ,._ . ': _ , __' , _, _. ,_;- _~. :'_' ~":,': "':_:.;_""'_:":'_'__-"-',,-._'~.
Dtime.~ Q)lolm~.1itywi.fe, :is. the. ~cutiveD;irec'torof ,the> C01DllUnitYRedeveloplile~t,Age~~r:
" "'" ","" .... '. '. .' .... '. '. . . .'. ..' ., . ..,.;t",.
(~),;i'~~y.e ~c;:.9Uflictvot1mg,gon items that directly affect the CRA. " > .,...
..(which
'''''.;.
1'0/17/06 '.
Date RIed
NOTICE: UND~ PROVISIONS OF FLORIDA STATUTES ~112.317, AFAILURE TO MAKE ANYREQUI~ED',DISCi.()SLJI-lI:
CON$TITUTES GROUNDS . FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMfJEACHM!:Nl',
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL peNAL TV N()T TO EXCEED. $10.000.
ce FORM 8B - EFF. 112000
PAGE 2