04-17-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
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RULE$ FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday, Apri117, 2007 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Deltay Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1. ROLL CALL. (iblavor Ellis and Commissioner Fetzer absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Deputy Vice Mayor Montague noted Additional Information Eor Item
li.D, ~\greement/\~'i-Fi Sen~ices/Delray Beach \~'i-Fi, Inc., which was moved to item 9.A.A. under the
Regular rAgenda; r\dditional information for Item 9. C, AVaiver Request/Pineapple Grove Arts District;
Revised Information for Item 9.D., Resolution No. 28-07 (State Housing Initiatives Partnership (SHIP)
local 1-lousing :Assistance Plan); Item B. M, Palm Beach County/Matching Grant Application/Knowles
Nark Sculpture Project was moved to Item 9.A.A.tA. under the Regular Agenda; Ttem 8.L, Interlocal
.\greement/Palm Beach County/Miracle League Funding, was moved to Item 9.A.A.A.A. under the
Regular .~\genda; Approved as amended, 3-0)
5. APPROVAL OF MINUTES:
March 20, 2007 -Regular Meeting (Approved, 3-0)
April 3, 2007 -Regular Meeting (Approved, 3-0)
Apri110, 2007 -Workshop Meeting (Approved, 3-n)
6. PROCLAMATIONS:
A. Municipal Clerk's Week - Apri129 -May 5, 2007
7. PRESENTATIONS:
A. 18th Annual Delaire/Dekay Citizens for Delray Police Charity Golf Tournament
Presentation to Police and Fire-Rescue -Perry DonFrancisco
B. City of Delray Beach Residents' Academy Certificates -Janet Meeks
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 3-0)
A. RESOLUTION NO. 27-07: Approve Resolution No. 27-07 assessing costs fox
abatement action required for the emergency board-up of unsafe structures located at
106 & 108 NW 10~' Avenue, 1127 Miramar Drive and 4869 Pineview Circle.
B. HOLD HARMLESS AND LANDSCAPE MAINTENANCE
AGREEMENT/OCEAN TERRACE TOWNHOMES• Approve and accept a
hold harmless and landscape maintenance agreement associated with the Ocean Terrace
Townhomes project for the installation and maintenance of all irrigation, located on the
west side of Palm Trail approximately 172 feet north of Bond Way.
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C. AMENDMENT NO. 2/SERVICE AUTHORIZATION NO 23/MATHEWS
CONSULTING, INC.: Approve Amendment No. 2 to Service Authorization No. 23
to Mathews Consulting, Inc. in the amount of $28,068.00 for professional engineering
services related to Homeowner's (HOA's) and property owner's connection to the
Reclaimed Water Axeas 2 & 3 Transmission Main Project. Funding is available from
441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services).
D. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDAI
E. AGREEMENT/PALM BEACH COUNTY• Approve an agreement between the
City and Palm Beach County in order for the City to implement the Disaster Recovery
Initiative (DRI) funding in connection with the demolition of Carver Estates.
F. HOUSING REHABILITATION GRANT/CONTRACT AWARDS• Approve
two (2) Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $31,962.00 to I.Q. Construction, Inc. for 612
SW 9~` Street and in the amount of $27,919.50 to South Florida Construction for 32 SW
14`s Avenue. Funding is available from 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
G. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $17,094.00 to allow the applicant to secure new
financing.
H. INTERLOCAL AGREEMENT/PALM __BEACH COUNTY SHERIFF'S
FFI E: Approve an interlocal agreement between the City and the Palm Beach
County Sheriffs Office for Urban Area Security Initiative (UASI) which will provide
$13,500.00 to the Delray Beach Police Department fora Viking Dry Suite and
Emergency Trailer/Equipment.
I. (MOVED TO ITEM 9.A.A.A.A. ON THE REGULAR AGENDA)
J. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE• Approve
a special event request for the Art and Jazz on the Avenue to be held on May 10, 2007,
from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F)
for street closure of Atlantic Avenue, from Swinton to the west side of N.E./S.E. 7~'
Avenue, Railroad Drive from Atlantic Avenue north to the north side of the east/west
alley, and to the alleys north and south of Atlantic Avenue on N.E./S.E. 1S` Avenue,
N.E./S.E. 2°d Avenue, S.E. 3`d Avenue, N.E./S.E. 4`s Avenue, and the Tennis Center
parking lot; authorize staff support for security and traffic control, banner hanging and
removal, barricade set up and removal, trash removal and clean up, and EMS assistance.
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K. SPECIAL EVENT REQUEST/BED RACE• Approve a special event request to
allow the 10`s Annual Bed Race and Street Dance to be held on May 18, 2007 from 5:30
p.m. until 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the
use and closure of N.E. 2"d Avenue between N.E. 15` Street and N.E. 2"d Street, and
N.E. 2"d Street east and west of N.E. 2"d Avenue to the alleys; authorize staff support
for security and traffic control, barricading, use and set up of the small stage, and
preparation and installation of event signage, and EMS assistance; contingent on the
receipt of a hold harmless agreement and receipt of the certificate of liability insurance.
L. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT~/JOINT
PARTICIPATION AGREEMENT: Approve A Joint Participation Agreement with
the Florida Department of Transportation (FDOT) for the adjustment of the City
owned and maintained utilities within the US 1 corridor between the C-15 Canal and
Tropic Boulevard; the City will be required to pay the Florida Department of
Transportation (FDOT) an estimated cost of $18,483.20. Funding will be programmed
to the FY 2007 - 2008 Capital Improvement Plan.
M. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA,
N. RESOLUTION NO. 29-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOTI/LANDSCAPING COSTS• Approve and adopt
Resolution No. 29-07 authorizing execution of a Locally Funded Agreement (LFA) with
the Florida Department of Transportation (FDOT) for funding in the amount of
$11,000.00 to offset irrigation and landscaping costs for the South Federal Highway
Road Reconstruction Project, between the C-15 Canal and Tropic Boulevard.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS•
Accept the actions and decisions made by the Land Development Boards for the period
April 2, 2007 through April 13, 2007.
P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Duval Ford in the amount of $17,895.00 via the Florida
Sheriff's Association Contract #06-14-0821 for the purchase of one (1) Ford F-
250 Pick-up Truck. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
9. REGULAR AGENDA:
A.A. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Approve an
agreement between the City and Delray Beach WI-FI, Inc. for construction of a wi-fi
system through out the entire City. (I~lotion to POSTPONE to May 1, 2007 Commission
Meeting; Approved, 3-0)
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A.A.A. PALM BEACH COUNTY/MATCHING GRANT
APPLICATION/KNOWLES PARK SCULPTURE PROJECT• Approve a Palm
Beach County Public Art Improves Our Community Matching Grant Application for a
proposed sculpture at Knowles Park, subject to receiving a grant from Palm Beach
County. The Matching Grant Program is a 50% match and Palm Beach County will
reimburse the City in an amount of $25,000.00. Funding is available from the Public
Arts Program. (Approved, 3-0)
A.A.A.A. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/MIRACLE
LEAGUE FUNDING: Approve an interlocal agreement between the City and Palm
Beach County for funding not to exceed $250,000.00 from the 2002 Recreation and
Cultural Facilities Bond for the Miracle League diamond at Miller Park. (Approve subject
to conditions; Approved, 3-0)
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/238
SOUTHEAST 7TH AVENUE: Appeal of the Historic Preservation Board's decision
approving a COA for construction of a two-story garage/guest suite addition at 238
Southeast 7`'' Avenue, located in the Marina Historic District. (Quasi Judicial
Heating) (Commissioner Fliopoulos filed a Conflict of Interest. DEFERRED until May 1,
2007 Commission Meeting)
B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/706
SOUTHEAST 2"~ STREET: Appeal of the Historic Preservation Board's decision
approving a COA for construction of a new single-family residence at 706 Southeast 2°d
Street, located in the Marina Historic District. (Quasi Judicial Hearing) (Motion to
DEFER to May 1, 2007 Commission Meeting; Approved, 3-0.)
C. WAIVER REQUEST/PINEAPPLE GROVE ARTS DISTRICT: Consider a
request for waivers of Land Development Regulations (LDR) Sections 4.6.7Q)(1)(a) and
~(2), "Banners and Wind Signs", prohibiting the use of banners as signs and off-
premise signs, pursuant to the request by the agent for the Pineapple Grove Arts
District. (Quasi Judicial Hearing) (Motion to approve Board Order as set forth;
Approved, 3-0)
D. RESOLUTION NO. 28-07 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIPI LOCAL HOUSING ASSISTANCE PLANT: Consider
approval of Resolution No. 28-07 adopting the Local Housing Assistance Plan for
Fiscal Years 2007-2010 pursuant to the State Housing Initiatives Partnership (SHIP)
Program. (t~pproved, 3-0)
E. MARKETING/SELLING CITY RETAIL_ SPACES/OLD SCHOOL SQUARE
GARAGE: Discussion regarding three (3) proposals from Coastal Commercial Group,
LLC, Bathurst Laymon Realty Group and Re/mar on the sale of the retail space in the
Old School Square garage. (Consensus of the Commission to see presentations of the three
(3) proposals)
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F. FIRST ANNUAL S.P.I.R.I.T. AWARDS BANOUET• Provide direction regarding
the First Annual S.P.LR.LT. Awards Banquet (Consensus of the Commission to proceed
with 13envenuto's)
G. AUTHORIZATION TO FILE A COMPLAINT FOR DECLARATORY AND
INJUNCTIVE RELIEF AND/OR PETITION FOR GUARDIANSHIP OF A
MINOR/ANTHONY HARRIS, FORMER CITY EMPLOYEE• Consider a
request authorizing the City to file a Complaint for Declaratory and Injunctive Relief
and/or Petition fox Guardianship of a Minor in the Circuit Court of Palm Beach
County regarding the death benefit due under the General Employees Pension Plan as a
result of the death of Anthony Harris, former City Employee. (Approved, 3-0)
H. APPOINTMENT TO THE BOARD OF ADTUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Fetzer (Seat #2). (DEFERRED to the May 1, 2007 Commission Meeting)
APPOINTMENT TO THE PLANNING AND ZONING BOARD• Appoint
one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2007. Based upon the rotation system, the appointment will be made
by Commissioner Montague (Seat #4). (Appointed hrancisco Perez-Azua and approved 3-0)
J. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police
and Firefighters Retirement System Board of Trustees for a two (2) year term ending
April 22, 2009. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2). (DEFERRED to the May 1, ?007 Commission Meeting)
10. PUBLIC HEARINGS:
A. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC• Consider approval of
a development agreement with Cannery Row, LLC regarding the purchase and use of
the Community Facility Property and the dedication of the Park Property located in the
Cannery Row Development. (Commissioner Eliopoulos filed a Conflict of Interest.
DEFERRED until May 1, 2007 Commission Meeting)
B. ORDINANCE NO. 15-07: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of
Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis,
Amount, and Payment", to provide an alternative method for purchasing the optional
enhanced multiplier for periods of prior city employment. (Approved, 3-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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12. FIRST READINGS:
A. ORDINANCE NO. 14-07: City initiated amendments to the Land Development
Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional clarification
regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification
regarding size of signs, and (H)(10), "Temporary Signs", to prohibit temporary non-
commercial signs in public rights of way contiguous to public property, and where
allowed, to provide time limits for removal. If passed, a second public hearing will be
scheduled for May 1, 2007. (approved, 3-0)
B. ORDINANCE NO. 17-07: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of
Dekay Beach, Florida, by amending Section 35.097, "Retirement Income; Basis,
Amount, and Payment", providing for direct rollovers to an individual retirement
account by anon-spouse beneficiary. If passed, a second public hearing will be
scheduled for May 1, 2007. (approved, 3-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
G City Commission
POSTED: April 13, 2007
****** Meeting adjourned at 7.•40 p.m. ******
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