05-01-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
**AGI~:NDr~ RI~SUI~I'S***
RULE8 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, May 1, 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
Delray 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 8HEET: Frior 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.
l00 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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Item 8.F, Resolution No. 32-07, was moved to Item
9.~\.t\.,\. under the Regular ;\genda; Item 7. E., Palm Beach Workforce Development Consortium
Presentation was added to Presentations by addendum; Item 8.M., Fire Act Grant Application for FY
2007/2008 was added to Consent Agenda by addendum; Item 9.A.A., Special Event Request/Haitian
Flag Da~~ Event was added to the Regular Agenda by addendum; Approved as amended,5-0)
5. APPROVAL OF MINUTES:
• April 17, 2007 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. National Day of Prayer -May 3, 2007
B. Haitian Heritage Month (Haitian Flag Day) -May 2007
C. National Preservation Month -May 2007
7. PRESENTATIONS:
A. RESOLUTION NO. 31-07: Recognizing and commending Robert Moreland for 30
years of dedicated service to the City of Dekay Beach (Approved, 5-0)
B. Commuter Challenge Presentation -Sabrina Kirkpatrick, South Florida Commuter
Services
C. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Employee Awards Presentation
D. Asian Food Fair and Cultural Show Presentation -Rana Hoque and Mohammed
Rahman Jahir
E. Palm Beach Workforce Development Consortium Presentation
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/CHAZ EQUIPMENT
COMPANY, INC.: Approve a Contract Closeout (C.O. No. 1 /Final) in the amount
of a $131,966.50 decrease and final payment in the amount of $102,493.85 to Chaz
Egiupment Company, Inc. for the completion of the Seasage Drive, Melaleuca Road,
and Oleander Lane Drainage Infrastructure Improvements Project. Funding is available
from 448-5461-538-65.35 (Stormwater Utility Fund/Seasage/Melaleuca/Oleander).
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B. SERVICE AUTHORIZATION NO. 12/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 12 in the amount of $63,251.00 to Mathews
Consulting, Inc., for professional services related to the Congress Avenue Corridor
Infrastructure Capacity Study Project. Funding is available from 441-5181-536-31.90
(Water/Sewer Fund/Other Professional Services).
C. TRANSPORTATION ENHANCEMENT APPLICATION: Approve and
authorize staff to submit two (2) applications fox the Year 2007 Transportation
Enhancement Application Cycle for FY 2012-2013 funding.
D. IN-LIEU OF PARKING FEE PAYMENT AGREEMENT/LEMONGRASS
RESTAURANT: Consider a request from the landlord of Lemongrass Restaurant to
enter into an in-lieu of parking fee payment agreement for two (2) in-lieu of parking
spaces. Lemongrass Restaurant is located at 420 East Atlantic Avenue.
E. IN-LIEU OF PARKING FEE PAYMENT AGREEMENT/MELLOW
MUSHROOM (FKA VITTORIO'Sl RESTAURANT: Consider a request from
Mellow Mushroom Restaurant to enter into an in-lieu of parking fee payment
agreement for seven (7) in-lieu of parking spaces. Mellow Mushroom Restaurant is
located at 25 Southeast 6~` Avenue.
F. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA.
G. SPECIAL EVENT REQUEST/10TH ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request to endorse the 10`~ Annual
Downtown Dekay Craft Festival sponsored by Howard Alan Events, Ltd. proposed to
be held May 26 and May 27, 2007 from 10:00 a.m. to 5:00 p.m., to grant a temporary
use permit per LDR Section 2.4.6(F~ for the closure and use of N.W. 31d Avenue from
Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center
parking lot, to provide staff support for traffic control and security, barricading and fire
inspection services.
H. AGREEMENTS/GENERAL CIVIL ENGINEERING CONSULTING
SERVICES: Approve and authorize the Mayor to execute agreements with Kimley-
Horn & Associates, Mathews Consulting, Mock-Roos & Associates and the Wantman
Group for Engineering Consulting Services for two (2) years, with the right to renew
for three one year renewals; subject to review and approval by the City Attorney.
I. EXTENSION/GALLAGHER BASSETT SERVICES CONTRACT: Approve a
one (1) year extension to the Gallagher Bassett Services Contract for the period of
October 1, 2007 to October 1, 2008.
J. FIRST AMENDMENT/INTERLOCAL AGREEMENT/PALM BEACH
COUNTY: Approve a First Amendment to the Interlocal Agreement with Palm Beach
County Criminal Justice Commission to extend the current agreement for an additional
five (5) months until September 30, 2007; and Palm Beach County will provide
additional funding in the amount of $50,000.00 in support of the Ciry of Delray Beach
Weed and Seed "seeding" efforts.
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K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
Apri116, 2007 through Apri127, 2007.
L. AWARD OF BIDS AND CONTRACTS:
Bid award to All Florida Rust and Water, Inc. at an estimated annual cost of
$34,000.00 for anti-rust chemicals for the City Irrigation System. Funding is
available from 119-4144-572-52.21 (Beautification Trust Fund/Chemicals).
M. FIRE ACT GRANT APPLICATION FOR FY 2007/2008: Approve a Fire Act
Grant Application in the amount of $87,148.00 for funding to purchase new All Terrain
Vehicles (ATV's) and associated EMS equipment for the Fire-Rescue Department. If
the grant is awarded a 20% match in the amount of $21,786.00 from the City will be
required (FY 2007/2008 Budget).
9. REGULAR AGENDA:
A.A.A. RESOLUTION NO. 32-07: Approve Resolution No. 32-07 declaring an official
intent with respect to reimbursement of temporary advances made for capital
expenditures to be made from subsequent borrowings. The City will be reimbursing
expenses relative to various parks, the Old School Square Parking Garage, a new
Environmental Services Building and the Intracoastal Park from a Utility Tax Bond
Issue. (approved, 5-0)
A.A. SPECIAL EVENT REQUEST/HAITIAN FLAG DAY EVENT: Approve a
special event request to endorse the Haitian Flag Day Celebration sponsored by
Toussaint L'Ouverture High School on May 18, 2007 from 3:00 p.m. unti18:00 p.m., in
the parking lot adjacent to the school site; authorize staff support for security, traffic
control, barricading, trash removal and clean up, use and set up of small stage; and
contingent upon sponsor providing a hold harmless agreement. (Motion to approve as
recommended by staff with the use of the large stage; Approved, 5-U)
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/238
SOUTHEAST 7TH AVENUE: Appeal of the Historic Preservation Board's decision
approving a Certificate of Appropriateness (COA) for construction of a two-story
garage/guest suite addition at 238 Southeast 7~' Avenue, located in the Marina Historic
District. (Quas1 fvdlClal Heatlltg) (Commissioner Eliopoulos Eled a Conflict of Interest
and left dais. Motion to adopt board order as presented; Approved, 4-0)
B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S. DECISION/706
SOUTHEAST 2ND STREET: Appeal of the Historic Preservation Board's decision
approving a Certificate of Appropriateness (COA) for construction of a new single-
family residence at 706 Southeast 2°d Street, located in the Marina Historic District.
(QuaS1 JudiClal Heatllig) (Motion to continue to May 15, 2007 Regular Commission
Meeting. Approved, 4-1; Mayor Fllis dissenting.)
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C. CONDITIONAL USE REQUEST/SUNDY HOUSE: Consider a request to allow
the establishment of a residential-type inn on Blocks 61 and 70 and the expansion of the
Sundy House residential-type inn, located on the east and west sides of South Swinton
Avenue, south of Atlantic Avenue. Eleven (11) units currently exist on this site. The
proposal adds three (3) new units at the Sundy House, fifty-four (54) units on Block 61
(north of Sundy House), and sixteen (16) units on Block 70 (east of Sundy House) for a
combined total of eighty-four (84) residential-type inn units. (Quasi Judicial Hearing)
(Motion to approve Board Order as set forth; Approved, 5-0)
D. REQUEST FOR IN-LIEU PARKING SPACES/177 PINEAPPLE GROVE
WAY: Consider a request from the owner of 177 Pineapple Grove Way for the
purchase of three (3) in-lieu parking spaces in the amount of $23,400.00 to enable the
owner to market the property for restaurant use. The subject property is located at 177
Pineapple Grove Way. (Quasi Judicial Hearing) (Motion to adopt Board Order as
amended; Approved, 5-0)
E. CONDITIONAL USE EXTENSION/EBENEZER WESLEYAN
METHODIST CHURCH: Consider a conditional use extension request for
Ebenezer Wesleyan Methodist Church to allow the construction of a new church
facility, located on east and west sides of S.W. 6~` Avenue, north of S.W. 2'~ Street.
(Quasl;JudiCial Heating) (Motion to adopt Board Order as set forth; Approved, 5-0)
F. WAIVER REQUEST/FIRE STATION #4: Consider a request for waiver to
increase the maximum driveway width from 36 feet to 58 feet 5 inches for the Fire
Station #4 Project, located at the northeast corner of Lake Ida Road and Barwick Road.
(Quasi Judicial Hearing) ('lotion to adopt Board Order as set forth; Approved, 5-0)
G. RESOLUTION NO. 30-07/MID YEAR BUDGET AMENDMENT: Consider
approval of Resolution No. 30-07 amending Resolution No. 62-06 adopted September
19, 2006, which made appropriations of sums of money for all necessary expenditures
of the City of Delray Beach for the FY 2006/2007, by setting forth the anticipated
revenues and expenditures for the operating funds of the City for FY 2006/2007.
(Motion to approve Resolution No. 30-07 amending 1/~hibit "A" to drop the $174,875 for Fire-
Rescue with the Police Department issue to be readdressed. Approved, 5-0)
H. CLAIM PAYMENT/WEEDLING RESIDENCE (1055 DEL HARBOUR
DRIVEL: Consider a request to authorize Gallagher Bassett Services to make a claim
payment of no greater than the City's statutory sovereign immunity limit of $100,000.00
for water damage to the Weedling residence located at 1055 Del Harbour Drive.
I. SETTLEMENT OFFER IN CLARENCE RODOCKER AND LYNN
WARWICK v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the
total amount of $19,000.00 in Clarence Rodocker and Lynn Warwick v. City of Delray
Beach. Staff recommends approval subject to execution of general releases by each
claimant. (Motion to approve the settlement offer in the total amount of $19,000 subject to
execution of general releases by each claimant. Approved, 5-0)
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J. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Approve an
agreement between the City and Dekay Beach WI-FI, Inc. (Commissioner McDuffie away
From dais; ,Approved, 4-0)
K. 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, 2008. Based upon the rotation system, the appointment will be made
by Mayor Ellis (Seat #5). (DEFERRED to the May 15, 2007 Commission Meeting)
L. APPOINTMENT TO THE BOARD OF ADJUSTMENT: 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). (;~\ppointed_~ess Sowards and approved, 5-0)
M. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint one (1) regular member to the Board of Construction Appeals for an
unexpired term ending August 31, 2007. Based upon the rotation system, the
appointment will be made by Commissioner Eliopoulos (Seat #1). (Appointed Steven
Wallace and approved, ~-0)
N. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
B ARD: Appoint one (1) regular member to the Parking Management Advisory
Board for an unexpired term ending January 31, 2008. Based upon the rotation system,
the appointment will be made by Commissioner Montague (Seat #4). (Appointed Bonnie
Beer and approved, 5-0)
O. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate
member to the Civil Service Board for an unexpired term ending July 1, 2008. Based
upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5).
(DEFERRED to die May 1 S, 2007 Commission Meeting)
P. 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). (Appointed Melvin Sacharow and approved, 5-0)
Q. BID AWARD/PANTROPIC POWER, INC.: Consider approval of a bid award to
Pantropic Power, Inc., second low bidder, in the amount of $186,000.00 for the purchase of
anew 1,000 KW standby generator for the Water Treatment Plant and Beyel Brothers
Inc. in the amount of $14,452.50 for providing the crane service associated with the
installation of this new generator. Funding is available 442-5178-536-64.90
(Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment).
(Approved, 5-0)
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10. PUBLIC HEARINGS:
A. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Consider approval of
a developer's agreement with Cannery Row, LLC regarding the purchase and use of the
Community Facility Property and the dedication of the Park Property located at the S.E.
corner of the project in the Cannery Row Development. (Commissioner Eliopoulos filed
a Conflict of Interest and left dais; Approved, 4-0)
B. ORDINANCE NO. 1¢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. (r\pproved, 5-0)
C. ORDINANCE NO. 17-07: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the Ciry of
Delray 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. (Approved, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 16-07: Future Land Use Map amendment (small-scale) from CC
(Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space)
and rezoning from CBD (Central Business District) in part and OSSHAD (Old School
Square Historic Arts District) in part to OSR (Open Space and Recreation) for a
proposed Urban Park adjacent to Old School Square, located approximately 180 feet
north of East Atlantic Avenue, between N.E. 1S` Avenue and Pineapple Grove Way
(N.E. 2na Avenue). If passed, a second public hearing will be scheduled fox May 15,
2007. (~\pproved, 5-0)
B. ORDINANCE NO. 18-07: Ciry-initiated amendment to the Land Development
Regulations (LDR), amending Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A),
"Improvement Obligations," to correct a reference to an LDR Section that has been
relocated elsewhere in the code. If passed, a second public hearing will be scheduled for
May 15, 2007. (\pproved, 5-0)
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C. ORDINANCE NO. 19-07: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the Code of Ordinances of the City of
Delray Beach, Florida, by amending Section 33.687, "Early Retirement Incentive",
which allows the City to open early retirement windows for police or fire instead of
opening an early retirement window for both. If passed, a second public hearing will be
scheduled for May 15, 2007. (.<\pproved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: Apr1127, 2007
***~*~ Meeting adjourned at 12:11 a.m. *~****
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