04-13-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, April 13, 2004
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The 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,
program, or activity conducted by the City. Contact Doug Randolph at 243-
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.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor requested Item 8.G, Interlocal Agreement/Community
Redevelopment Agency/West Settler's, be moved to the Regular Agenda as Item 9.L; Item 8.P,
Interlocal Agreement/Community Redevelopment Agency/JEG Associates, Inc., be moved to the
Regular Agenda as Item 9.M; Presentation Item 7.D, "Florida Stroke Act" Resolution - Sandy Simon,
was added to the agenda; Approved as amended, 5-0)
APPROVAL OF MINUTES:
March 11, 2004 - Regular Meeting (Approved, 5-0)
March 16, 2004 - Regular Meeting (Approved, 5-0)
March 25, 2004 - Organizational Meeting (Approved, 5-0)
March 25, 2004 - Special Meeting (Approved, 5-0)
April 5, 2004 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
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Bob Chapin - Old School Square
Fair Housing Month - April 2004
Community Development Week - April 12-18, 2004 and the 3ffh
Anniversary of the Community Development Block Grant Program
Recognizing and Designating April 2004 as "Read Together Palm Beach County
Month"
Month of the Young Child - April 2004
Civility Month - May 2004
National Public Works Week -May 16-22, 2004
Days of Remembrance - Holocaust
PRESENTATIONS:
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Recognition and Presentation to Gordon Stanley for representing the City during
President Bush's visit
Delray Camera Club Awards - "Delray Beach - The Changing Scene"
Six Month Review of Business Recruitment Efforts - Randy Welker
"Florida Stroke Act" Resolution - Sandy Simon
04-13-2004
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
RESOLUTION NO. 29-04/ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a portion of a twelve (12) foot utility easement lying
within Lot 6, Valencia Court Subdivision.
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/JOHN HOCK
ENTERPRISES: Approve and accept a right-of-way dedication associated with
John Hock Offices located on the west side of N.E. 1st Avenue between N.E. 3~
Street and Lake Ida Road (N.E. Th Street).
RESOLUTION NO. 33-04: Approve Resolution No. 33-04 and the Joint
Participation Agreement between the City and the State of Florida Department of
Transportation for the signalization of the intersection of U.S. 1 and Tropic
Boulevard.
D. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2004-02:
Formally initiate Comprehensive Plan Amendment 2004-02 pursuant to Section 9.2.1
of the Land Development Regulations.
HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve
a Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $16,367.40 to Henry L. Haywood (343
N.W. Th Avenue). Funding is available from 118-1924-554-49.19 (SHIP Housing
Rehabilitation Grant).
SUBORDINATION
AGREEMENT FOR
COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve
subordination of the City's second mortgage in the amount of $18,585.00 to allow
the applicant to secure new financing.
_(_MOVED TO ITEM 9.L ON THE REGULAR AGENDA)_
RESOLUTION NO. 31-04 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): A
resolution adopting the Local Housing Assistance Plan for Fiscal Years 2004-2007
pursuant to the State Housing Initiatives partnership (SHIP) Program.
RESOLUTION NO. 28-04: Approve Resolution No. 28-04 supporting the
"Florida Stroke Act" which will allow eligible hospitals to become certified stroke
treatment centers.
SERVICE AUTHORIZATION NO. ll.3/ROBERT G. CURRIE
PARTNERSHIP, INC.: Approve Service Authorization No. 11.3 to Robert G.
Currie Partnership, Inc. in the amount of $14,950.00 for additional design services
required in the development of the site plan for the Intracoastal Park. Funding is
available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park).
04-13-2004
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ADDENDUM NO. 1/ENGINEERING CONSULTING AGREEMENTS:
Approve Addendum No. 1 to the Engineering Consulting Agreements to clarify
Section III, "Duties of Consultant", of the Service Authorization, itemizing and
describing their duties in detail.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for May 13, 2004 from 6:00
p.m. to 10:00 p.m., gr~nting a temporary use permit per LDR Section 2.4.6(H) for
the closure of Atlantic Avenue from Swinton to N.E. ?th Avenue, the south side of
Atlantic Avenue from N.E. Th Avenue to just past the Blue Anchor Pub, Railroad
Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic
Avenue to N.E. 1st Street, and authorize staff support for security and traffic control,
banner hanging and removal, barricade set-up/removal, trash removal and clean up
assistance.
SPECIAL EVENT REQUEST/4th OF JULY: Approve a special event request
for the 4~h of July Celebration event to be held from noon until 12:00 midnight,
including a temporary use permit per LDR Section 2.4.6(H) for the closure of
Atlantic Avenue from the east side of N.E. and S.E. Th Avenue to Ocean Boulevard,
and from the south side of Thomas Street to the north side of Miramar on Ocean
Boulevard, waiver of City Ordinances 101.25 and 101.32 to allow assembly on the
beach and vendors on A1A; and to allow all beach parking lots to remain open until
midnight, staff support for security and traffic control, street barricading, banner
hanging, stage set up/use, and clean up/trash removal.
SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW AND RACE:
Approve a special event request for the Hot Air Balloon Glow to be held on May 14,
2004 and the Hot Air Balloon Race to be held on May 15-16, 2004, granting a
temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue
on May 14, 2004 from A1A to Venetian between 3:00 p.m. and 11:00 p.m., and to
allow beach parking lots to stay open until 11:00 p.m. on May 14~h, use of the City
parking lot at the Marriott for balloonists, and staff support for security and traffic
control, barricading, and signage preparation/set up, large stage set up/take down at
Lake Ida for the race, and trash removal for this event.
SPECIAL EVENT/5th ANNUAL HAITIAN FLAG DAY CELEBRATION:
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Approve a special event request for the 5~h Annual Haitian Flag Day Celebration
sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group to be
held on Sunday, May 23, 2004 from 2:00 p.m. until 8:30 p.m., including temporary
use permit per LDR Section 2.4.6(H) for the use of Merritt Park, set up/removal of
large City stage, staff support for security, trash removal and clean up.
(MOVED TO ITEM 9.M ON THE REGULAR AGENDA)
04-13-2004
Q. FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT
GRANT: Approve the application for a matching grant for the Firefighter
Investment & Response Enhancement (FIRE) Act Grant for assistance with the cost
of overtime coverage to allow sixty (60) Hazardous Materials Technicians to attend
several training courses. City's required 30% matching portion is $86,184.00, with
funding from 001-2315-526-14.10 (Fire Operation/Overtime).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the
period March 15, 2004 through April 9, 2004.
S. AWARD OF BIDS AND CONTRACTS:
Bid award to Rust Off, Inc. in the amount of $25,600.00 for anti-rust
chemicals for the city irrigation system. Funding is available from 119-4144-
572-46.40 (Beautification Trust Fund/Maintenance).
Bid award to Custom Property Services, Inc. at an estimated annual cost of
$17,063.00 for the landscape maintenance of South Federal Highway and
Congress Avenue. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund/Maintenance).
Bid award to multiple vendors at an estimated annual cost of $50,325.64 via
the City of West Palm Beach Co-op Bid #02/03-20 for the purchase of
liquid chlorine and calcium hypochlorite. Funding is available from 441-
5122-536-52.21 and 441-5144-536-52.21. (Water/Sewer Fund/Chemicals).
Contract award to Ferguson Enterprises, Inc. in the amount of $65,342.37
for pipe material purchase for water main improvements on N.W. 11m
Avenue and Lake Eden. Funding is available from 442-5178-536-65.74
(Water and Sewer/Renewal/Replacement/N.W. lffh Avenue/N.W. 11~h
Avenue).
Purchase award to Kuhn Carpet and Tile in the amount of $18,692.37 via the
Florida State Contract #360-240-001 for replacement flooring (porcelain tile)
for the Police Department. Funding is available from 334-6112-519-46.10
(General Construction Fund/Building Maintenance).
REGULAR AGENDA:
A. APPEAL OF ADMINISTRATIVE INTERPRETATION/HOTEL VISTA
DEL MAR: Consider an appeal of an administrative interpretation relating to the
Hotel Vista Del Mar Project, located at 64 South Ocean Boulevard. (Quasi-
Judicial Hearing) (Motion to approve appeal; Approved, 5-0)
WAIVER REQUEST/MINIMUM LOT DIMENSION: Consider a request to
waive Land Development Regulations (LDR) 4.3.4(K) to reduce the lot size and lot
depth for an existing non-conforming lot, located on the east side of Strickland
Road, approximately 110 feet south of S.W. 11~h Street. (Quasi-Judicial Hearing)
(Approved, 5-0)
04-13-2004
CONDITIONAL USE MODIFICATION REQUEST/COMMUNITY
PRIMITIVE BAPTIST CHURCH: Consider a conditional use modification
request associated with the expansion of the Community Primitive Baptist Church,
located between N.W. lffh Avenue and N.W. 11~h Avenue, approximately 250 feet
north of West Atlantic Avenue (33 N.W. 11~h Avenue). (Quasi-JudiciM Hearing)
(Motion to approve conditional use request with conditions; Approved, 5-0)
REQUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN YELLOW
BUILDING: Consider a request from Handelsman Yellow Building f/k/a the
Blank House for the purchase of six (6) in-lieu parking spaces in the amount of
$72,000.00. The Blank House is located at 85 S.E. 6~h Avenue. (Quasi-Judicial
Hearing) (Motion to adopt staff's recommendation to deny applicant's request;
Approved, 5-0)
REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING: Consider approval of a request from Community Neighborhood
Helping for financial support in the amount of $11,000, for their Glory Awards
Event to be held on June 4, 2004 which will be reimbursed to the City through a
Palm Beach County grant. Funding is available from 001-6111-519-99.03 (Manager's
Contingency Fund) (Approved $11,000.00 of financial support based on Commissioner
Greene's offer of reimbursement; 5-0)
SKATEBOARDS: Discuss proposed draft Ordinance No. 26-04 to provide certain
areas in which skateboarding shall be prohibited. (Commission provided direction to
staff)
PROPOSAL FOR SETTLEMENT IN ERNESTO FIGUEROA v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of
$4,500.00 in Emesto Figueroa v. City of Delray Beach. Staff recommendation is
acceptance. (Approved, 5-0)
PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of
$12,500.00 in Clara Outram v. City of Delray Beach. Staff recommendation is
acceptance. (Approved, 5-0)
APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint
one (1) a#ernate member for an unexpired term ending March 31, 2005. Based upon
the rotation system, the appoinunent will be made by Commissioner Levinson (Seat
#3). (Appointed Bernard Federgreen and approved, 5-0)
APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) re£,/ar member to the Public Employees
Relations Commission (PERC) for a four year term ending March 13, 2008. Based
on the rotation system, the appoinm~ent will be made by Commissioner Costin (Seat
#1). (Appointed Philip Friedman and approved, 5-0)
04-13-2004
K. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) member to the Historic Preservation Board for an unexpired term
ending August 31, 2004. Based upon the rotation system, the appoinlynent will be
made by Commissioner Costin (Seat #1). (Appointed Maura Dersh and approved, 5-0)
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City and the Community
Redevelopment Agency (CRA) for shared administration of the West Settler's
Fagade Easement Grant Program. (Approved, 4-0; Mayor Perlman passed the gavel and
left dais due to Conflict of Interest)
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
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AGENCY: Approve an interlocal agreement in the amount of $18,000.00 between
the City and the Community Redevelopment Agency (CRA) for payment to the City
for contracted consulting services with JEG Associates, Inc. (Approved, 4-0; Mayor
Perlman passed the gavel and left dais due to Conflict of Interest)
PUBLIC HEARINGS:
ORDINANCE NO. 15-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR)
Chapter 4, "Zoning Regulations", Section 4.3.3(I), "Community Residential Home
and Group Homes" in order to correct an inconsistency created from recent LDR
changes regarding the terminology of residential and non-residential alcohol and
drug abuse treaunent facilities. (Approved, 5-0)
ORDINANCE NO. 22-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover
Distributions", providing a mechanism for the rollover of 457 and 401 funds where
applicable. (Approved, 5-0)
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.
FIRST READINGS:
ORDINANCE NO. 23-04: An ordinance amending Chapter 53, "Sanitary
Sewers", of the City Code of Ordinances, amending Subsection 53.130(F),
"Wholesale Sewer Rates", to provide for rates and charges for wholesale users of the
City's sewerage system. If passed, a public hearing will be scheduled for May 4,
2004. (Approved, 5-0)
04-13-2004
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 9, 2004
04-13-2004