08-21-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
RULEB 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, August 21, 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 Ciry 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. ADDRE38ING 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 Ciry. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 24 hours prior to the event in order for the Ciry 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.E., Rescission of Contract Award/Randolph and
Dewdney Construction, Inc. was pulled from the agenda; Correction to Item 8.L, Ratification of
Appointment To The Parking Management Advisory Board, to read Mr. William Branning, Community
Redevelopment Agency Representative; Item 9.M., Public Comments/FY 2008 Proposed Budget,
moved before Item 9.L under the Regular Agenda; Item 8.D., Weitz Company/Final Payment/Defray
Beach Family Recreation and Fitness Center was moved to Item 9.A.A. under the Regular Agenda; Item
9.C., Resolution No. 21-07 was moved to Item 9.A.A.A. under the Regular Agenda; and Additional
information for Item 9.H., Appointments to the Historic Preservation Board; Approved as amended, 5-
0)
APPROVAL OF MINUTES:
August 7, 2007 -Regular Meeting (Approved, 5-0)
August 14, 2007 -Special/Workshop Meeting (Approved, 5-0)
G. PROCLAMATIONS:
A. National Save a Life Month -September 2007
7. PRESENTATIONS:
A. 2007 Explorer Law Enforcement Academy
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. ACCEPTANCE OF RIGHT-OF-WAY DEED/WAYSIDE HOUSE: Approve
and accept aright-of--way deed between the City and Wayside House, Inc. to allow the
conversion of use and renovation of the southernmost building at the Wayside House
located on the west side of N.E. 6`~ Avenue, south of N.E. 4~' Street (320 - 328 N.E. 6'''
Avenue).
B. RESOLUTION NO 14-07/ABANDONMENT OF EASEMENTS: Approve
Resolution No. 14-07 vacating and abandoning two (2) five (5) foot and one (1) ten (10)
foot wide utility easements, located at 502 North Ocean Boulevard.
C. RESOLUTION NO 47-07/AMENDMENT NO. 1/FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)/ i0~
PARTICIPATION AGREEMENT: Approve Resolution No. 47-07 authorizing
Amendment No. 1 to the Joint Participation Agreement QPA) with the Florida
Department of Transportation (FDOT) fox the installation of landscaping along the
northbound exit and entrance ramps of I-95 at West Atlantic Avenue; clarifying
reimbursement for construction and design.
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D. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA).
E. RESCISSION OF CONTRACT AWARD/RANDOLPH AND DEWDNEY
CONSTRUCTION, INC.: Approve the rescission of the contract award to
Randolph and Dewdney Construction, Inc. for the Pompey Park Community Center
Improvements Project and authorize staff to re-bid the project; due to the contractor's
inability to obtain a bond for the project. (PULLED)
F. RETECTION OF BIDS/RAINBERRY WOODS NEIGHBORHOOD
IMPROVEMENTS PROJECT: Approve the rejection of all bids received for the
Rainberry Woods Neighborhood Improvements Project and authorize staff to re-bid
the project.
G. TRI-PARTY AGREEMENT/PALM BEACH COUNTY/EXPANDING AND
PRESERVING OUR CULTURAL HERITAGE, INC.: Approve a tri-party
agreement between the City, Palm Beach County and Expanding and Preserving Our
Cultural Heritage, Inc. for funding in the amount of $250,000.00 for the Spady Cultural
Heritage Complex -Phase II. Funding is available from the Palm Beach County
Recreation and Cultural Facilities Bond.
H. AMENDMENT NO. 4/MANAGEMENT AGREEMENT/OLD SCHOOL
SQUARE, INC.: Approve Amendment No. 4 to the management agreement between
the City and Old School Square, Inc. which revises Paragraph 2.a of the agreement; to
eliminate the requirement for ratification of Board Members by the City Commission.
I. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify the reappointment of Mx. William
Branning, Community Redevelopment Agency Representative, to the Parking
Management Advisory Board for a two (2) year term ending July 1, 2009.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 6, 2007 through August 17, 2007.
K. AWARD OF BIDS AND CONTRACTS:
Bid award to Landmark Construction, Corp. in the amount of $18,500.00 for
the demolition of three (3) properties located at 230 SW 3`~ Avenue, 114 NW 4~'
Avenue and 1314 SW 22°d Avenue. Funding is available from 118-1965-554-
34.35 (Community Development Fund/Unsafe Buildings/Structures) and 001-
2741-524-34.35 (General Fund/Unsafe Buildings/Structure).
2. Purchase award to Dell Computer Corporation in the amount of $18,826.20 for
nine (9) laptops for Code Enforcement Officers. Funding is available from 001-
2741-524-64.11 (General Fund/Computer Equipment).
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3. Purchase award to Duval Ford in the amount of $23,413.00 via the Florida
Sheriffs Association Contract #06-14-0821 for the purchase of one (1) 2008
Ford Crown Victoria Police Interceptor for the Police Department. Funding is
available from 501-3312-591-64.20 (Central Garage Fund/Automotive).
4. Purchase award to Florida Bullet in the amount of $20,984.00 for the purchase
of ammunition in preparation for next year's training and firearms qualifications
for the Police Department Funding is available from 001-2111-521-52.20
(General Fund/General Operating Supplies).
Purchase award to The HON Company c/o Workspaces South, LLC, Kimball
International c/o Workspaces South, LLC and K-Log, Inc. in the total amount
of $90,057.49 for the purchase of office and conference room furniture for the
new Environmental Services Administration building. Funding is available from
441-5111-536-64.10 (Water/Sewer Fund/Office Furniture/Fixtures).
6. Purchase award to Vision Solutions in the amount of $25,300.00 for the
replacement of the iSeries data mirroring software. Funding is available 001-
1811-513-66.10 and 001-2111-521-66.10 (General Fund/Software).
9. REGULAR AGENDA:
A.A. WEITZ COMPANY/FINAL PAYMENT/DELRAY BEACH FAMILY
RECREATION AND FITNESS CENTER: Approve the final payment in the
amount of $47,646.09 to the Weitz Company for services rendered in preparation of
beginning construction for the Dekay Beach Family Recreation and Fitness Center
Project (formerly the Western/Senior Community Center). Funding is available from
380-4150-572-62.58 (2004 G.O. Bond/Western Community Center). (Motion to approve;
Approved, 5-0)
A.A.A. RESOLUTION NO. 21-07: Consider approval of Resolution No. 21-07 authorizing
the issuance of the Utility Tax Revenue Bonds (Series 2007) in an amount not to exceed
$27,000,000; and authorize the sale of such bonds to Bear, Stearns & Company, Inc.
(Approved, 5-0)
A. CONDITIONAL USE REQUEST/LAST RESORT SALOON: Consider a
conditional use request to establish a 24-hour or late night business, extending the
closing time from 12:00 midnight to 2:00 a.m., for the Last Resort Saloon located at
3205 South Federal Highway. (Quasi Judicial Hearrng) (Motion to approve Board
Order as amended; Approved, 5-0)
B. CONDITIONAL USE EXTENSION REQUEST/5TH AVENUE AT DELRAY:
Consider a conditional use extension request to increase the building height to a
maximum of 60' and to allow an increase above 30 dwelling units per acre (37.30 du/ac)
for 5~' Avenue at Dekay, a proposed mixed use development, located on the east side of
N.E. 5~' Avenue (southbound Federal Highway), 112 feet north of N.E. 151 Avenue (131
- 185 N.E. 5`~ Avenue). (Quasi Judicial Heating) (Motion to approve Board Order as
presented; Approved, 5-0)
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C. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA
D. AUTHORIZATION TO PROCEED WITH FUNDING TO CONSTRUCT
THE INFORMATION TECHNOLOGY (IT) BUILDING: Consider a request
to transfer $974,400.00 from the Insurance Fund to the General Construction Fund to
finance the construction of a new Information Technology (IT) Building. (Moved to
transfer $1,540,000 from the Insurance Fund to the General Construction Fund; Approved, 5-
0)
E. FY 2008 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of
the proposed FY 2008 maximum golf rates for the Municipal Golf Course. (Approved,
5-0)
F. FY 2008 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the
proposed FY 2008 maximum golf rates for the Lakeview Golf Course. (Approved, 5-0)
G. FY 2008 TENNIS RATES/TENNIS FACILITIES: Consider approval of the
proposed FY 2008 maximum tennis rates for the Tennis Facilities. (Approved, 5-0)
H. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
three (3) regular members to the Historic Preservation Board to serve two (2) year terms
ending August 31, 2009. Based upon the rotation system, the appointments will be
made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and
Commissioner McDuffie (Seat #3). (Appointed Rhonda Sexton and approved, 5-0; and
appointed JoAnn Peart and approved, 5-0. Commissioner Fetzer's appointment deferred to the
September 4, 2007 Regular Commission Meeting)
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council for Zone 1 for
an unexpired term ending October 31, 2007. Based upon the rotation system, the
appointment will be made by Commissioner Fetzer (Seat #2). (Appointed Gaston Joseph
and approved, 5-0)
APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
three (3) regular members to the Planning and Zoning Board to serve two (2) year terms
ending August 31, 2009. Based upon the rotation system, the appointments will be
made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and
Commissioner McDuffie (Seat #3). (Appointed Chuck Halberg and approved, 5-0;
appointed John Miller and approved, 5-0; and appointed Francisco Perez-Azua and approved,
5-0)
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K. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance
Board to serve two (2) year terms ending August 31, 2009 and one (1) regular member
to serve an unexpired term ending August 31, 2008. Based upon the rotation system,
the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner
McDuffie (Seat #3) and Commissioner Montague (Seat #4). (Appointed Andrew
Youngross and approved, 5-0; and appointed Conner Lynch and approved, 5-0. Commissioner
Montague's appointment deferred to the September 4, 2007 Regular Commission Meeting)
L. PUBLIC COMMENTS/FY 2008 PROPOSED BUDGET• The Ciry Commission
will hear public comments, if any, regarding the FY 2008 Proposed Budget at this time.
M. DISCUSSION/PROPOSED BUDGET FY 2008: Discussion regarding proposed
budget for FY 2008 for the following:
• Suggested adjustments to proposed budget.
• City Commission
• City Manager
• City Attorney
• Human Resources
• City Clerk
• Finance
• Police
• Fire-Rescue
10. PUBLIC HEARINGS:
A. RESOLUTION N0.46-07: Consider approval of Resolution No. 46-07 adopting the
preliminary assessment roll for the SW 8s' Avenue Special Assessment District.
(Approved, 5-0)
B. ORDINANCE NO. 25-07: City initiated amendment to the Land Development
Regulations (LDR) Section 2.4.2, "Notice Requirements", Section 2.4.3, "Submission
Requirements", and Section 2.4.3(x), "Fees", to provide for an increase in the
Development Applications, Plan Check Fees and Building Permit Fees. (Approved, 5-0)
C. ORDINANCE NO. 28-07: City initiated text amendment to Chapter 71, "Parking
Regulations" of the Code of Ordinances, by amending Section 71.058, "Cost of Parking
or Standing Vehicles in Certain Metered Spaces", regarding the increase of Parking
Meter Fees, east of the Intracoastal Waterway from $0.75 to $1.00 per hour. (Approved,
5-0)
D. ORDINANCE NO. 30-07: An ordinance amending Chapter 117, "Landlord
Permits", of the Code of Ordinances by amending Section 117.2, "Permit Fees", to
provide for an increase in the Landlord Permit fee from $30.00 per unit to $50.00 per
unit. (Approved, 5-0)
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E. ORDINANCE NO. 2407: City initiated amendment to the Land Development
Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection
4.3.4(I~, "Development Standards Matrix", and Section 4.4.6, "Medium Density
Residential (R1Vi) District", Subsection 4.4.6(A), "Purpose and Intent", to add references
to the Carver Estates Overlay District and the Infill Workforce Housing Area.
(Approved, 5-0)
F. ORDINANCE NO. 26-07: City initiated amendment to the Land Development
Regulations (LDR) enacting Section 2.4.7(G), "Requests for Reasonable
Accommodation", to provide procedures for handling and processing requests for
accommodation from the City's Code. (THIS ORDINANCE TO BE MOPED TO
FIRST READINGS ON AUGUST 21,E 2007 AGENDA) (I~Totion to approve
Ordinance No. 26-07 on First Reading; Approved, 5-0)
G. ORDINANCE NO. 27-07: City initiated amendment to the Land Development
Regulations (LDR) amending Section 4.4.13, "Central Business District (CBD)",
Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", to clarify the
maximum allowed residential density in the West Atlantic Avenue Neighborhood.
(Approved, 5-0)
H. ORDINANCE NO. 29-07: An ordinance replacing an existing Florida Power and
Light Company (F'PL) Franchise Agreement that is set to expire in 2011. (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. 32-07: An ordinance amending Chapter 35, "Employees Policies
and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending
Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to
one (1) additional year of credited service for certain employees who elect to terminate
City employment and retire on or before September 30, 2007. If passed, a public
hearing will be scheduled for September 4, 2007. (Approved, 5-0)
B. ORDINANCE NO. 33-07: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees",
Subsection No. 96.66(A) of the Code of Ordinances to adjust the fee schedule for
emergency medical transportation in accordance with the National Ambulance Fee
Schedule. If passed, a public hearing will be scheduled for September 4, 2007.
(Approved, 5-0)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 17, 2007
****** Meeting adjourned at 9:06p.m. ******
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