01-15-08 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
***.1GFNI~<1 RFSLTL,TS**"
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 aze business meetings
Tuesday,January 15, 2008 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 Heazings: 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. Regulaz Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public heazing, 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 heazing 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 recordkeeping.
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 bazred 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 prepazes 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 oppoxmniry to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices axe available for meetings in the Commission
Chambers.
1. ROLL CALL. (Mayor 131lis absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Vice Mayor Fetzer noted Item 8.L, Fkild iIarniless Agreement/Delxav
Club, Inc. was moved to the Regular Agenda as Item 9.A.A.; Additional Information for Item AG.,
Community Workforce Housing Innovation Program (CWHIP) Agreement for Villages at Delray; and
this item was postponed to January 22, 2008, a Special Meeting, approved, 40; and item 10.F...,
Ordinance No. 02-OS was tabled; Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
• January 8, 2008 -Special/Workshop Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Recognizing Black History Month -February 2008
B. Recognizing 2-1-1 Awareness Week -February 11 - 18, 2008
7. PRESENTATIONS:
A. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Employee Awards Presentation
B. Special Recognition Award -Reeve Bright
C. Presentation regarding the Florida Recreation Development Assistance Program
(FRDAP) Grants/Bexley Trail Community and Eagle Parks -Representative Maria
Sachs
D. MLK Drive Beautification Project -Alberta McCarthy
E. Site Plan Review and Appearance Board (SPRAB) Awards
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. ACCEPTANCE OF EASEMENT DEED/YACHT CLUB AT DELRAY
BEACH: Approve and accept an easement deed fox the installation of a public
sidewalk to be constructed in front of an existing City lift station and adjacent to
MacFarlane Drive.
B. REQUEST FOR SIDEWALK DEFERRAL/418 NORTH OCEAN
BOULEVARD: Approve a request to defer the installation of a sidewalk in front of
418 North Ocean Boulevard.
01-15-2008
2-
C. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/HARTZELL
CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 1) in the amount
of a $15,568.50 decrease and a final payment in the amount of $4,161.37 to Hartzell
Construction, Inc. fox the completion of the Community Improvement Sidewalk
Project. Funding is available from 118-1965-554-63.11 (Community Development
Fund /Bikepaths /Sidewalks).
D. SERVICE AUTHORIZATION NO. 8/SPATIAL FOCUS. INC.: Approve
Service Authorization No. 8 in the amount of $19,025.00 to Spatial Focus, Inc. fox
assistance in developing a prototype software application fox creating the annual Capital
Improvement Pxogxam. Funding is available from 448-5411-538-31.90 (Stoxmwater
Utility Fund/Other Professional Services) and 442-5178-536-31.90 (Water/Sewer
Renewal and Replacement Fund/Other Professional Services).
E. SERVICE AUTHORIZATION 14.5/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 14.5 in the amount of $3,750.00
to Currie Sowards Aquila Architects far supplemental consulting services resulting from
site revisions to the Mangrove Park Project as required by the South Florida Water
Management District (SFWMD). Funding is available from 334 4174-572-63.90
(General Construction Fund/Intracoastal Park/Other Improvements).
F. SERVICE AUTHORIZATION NO. 07-03/MATHEWS CONSULTING INC
Approve Service Authorization No. 07-03 in the amount of $27,763.00 to Mathews
Consulting, Inc. fox a surface water management study of the S.W. Area. Funding is
available from 448-5411-538-31.30 (Stormwater Utility Fund/Engineering/Architect).
G. AGREEMENT/ERDMAN ANTHONY AND ASSOCIATES, INC • Approve
an agreement between the City and Erdman Anthony and Associates, Inc. in the
amount of $38,200.00 fox the design of trombone mast arm signals at the intexsectlon of
S.W. 2"' Avenue and West Atlantic Avenue. Funding is available from 334-3162-541-
65.87 (General Construction Fund/Capital Outlay/S.W. 2nd Avenue-S.W. 1" Stxeet-
West Atlantic Avenue).
H. RESOLUTION NO. 02-OS/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/COMMUNITY REDEVELOPMENT
AGENCY (CRAB Approve and adopt Resolution No. 02-08 authorizing execution of
a Locally Funded Agreement (LFA) with the Florida Department of Transportation
(FDOT) and approve a Memorandum of Agreement (MOA) with FDOT and the State
Department of Financial Services, Division of Treasury fox funding in the amount of
$1,596,848.26 for improvements along Atlantic Avenue between N.W. 12`h Avenue and
SR A-1-A. Of this cost, $1,500,000 will be paid by the Community Redevelopment
Agency (CRA).
I. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
01-15-2008
-3-
FUNDING ACCOUNT CHANGE/BARWICK ROAD CURBING AND
SWALE PROJECT: Approve an account funding change from the General
Construction Fund/Other Improvements/Barwick Road Sidewalks (334-3162-541-
68.02) to the Stoxmwater Utility Fund/Barwick Road (448-5461-538-65.36) fox the
work awarded to Chaz Equipment Company, Inc. under a Contract Addition (C.O. No.
6) fox the Block 64 Alley Improvement Project.
IC. PURCHASE AWARD/HARTZELL CONSTRUCTION, INC.: Approve
a purchase award in the amount of $32,480.00 for Hartzell Construction, Inc. to paint
the hallways on the first and second floor of the Police Department. Funding is
available from 001-2111-521-46.10 (General Fund/Building Maintenance).
L. VOLUNTEER PROGRAM HANDBOOK/PARKS AND RECREATION
DEPARTMENT: Approve a request to implement a new Volunteer Program
Handbook to be utilized by the Parks and Recreation Department.
M. MEMORANDUM OF UNDERSTANDING/ADDENDUM TO OPEN
ROADS POLICY/FLORIDA DEPARTMENT OF TRANSPORTATION
F( DOT Approve a Memorandum of Understanding and an Addendum to the Open
Roads Policy with the Florida Depaztment of Transportation (FDOT) regarding the
development of a Traffic Incident Management Team (TIM) Strategic Plan.
N. ADDENDUM NO. 1 TO CONSULTING AGREEMENT/LANGTON
ASSOCIATES INC./GRANT WRITING SERVICES• Approve Addendum No.
1 to the Consulting Agreement between the City and Langton Associates, Inc. to
include the language to provide for the period November 1, 2006 through December
31, 2007, in order to cover the lapse as the term of the agreement approved at the
January 3, 2008 Regular Commission meeting does not begin until January 1, 2008.
O. AMENDMENT NO. 1 TO THE AGREEMENT/PALM BEACH COUNTY•
Approve Amendment No. 1 to the agreement between the City and Palm Beach County
for the Disaster Recovery Initiative (DRI) xegazding the demolition of Carver Estates
extending the deadline fox completion to July 31, 2008.
P. AMENDMENT NO. 1 TO THE.. AGREEMENT/PALM BEACH
COUNTY/NEIGHBORHOOD RESOURCE CENTER (NRC~
SHUTTERING PROJECT: Approve Amendment No. 1 to the agreement between
the City and Palm Beach County fox the Neighborhood Resource Centex (NRC)
Shuttering Project through the Disaster Recovery Initiative (DRI) Pxogxam to extend
the deadline fox completion to March 15, 2008.
01-15-2008
-4-
Q. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a
special event request to conduct the 40s' Annual St. Patrick's Day Parade on Saturday,
March 15, 2008, beginning with setup at 11:00 a.m., parade starting at 1:00 p.m. and
ending at appxoxunately 2:30 p.m., and to grant a temporary use pernut per LDR's
Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to N.W. 1"
Avenue fox the parade and Venetian Drive and Gleason Street for staging of parade
entries and the Old School Square surface parking lot from 11:00 a.m. to 7:30 p.m.; and
to approve staff support for traffic control and security, barricading, EMS assistance,
trash removal, assistance in obtaining the FDOT permit and to allow event signage to
be put up no earlier than March 7, 2008; contingent on the receipt of a hold harmless
agreement and receipt of the certificate of liability insurance.
R.
AVENUE: Approve the cancellation of the Interlocal Agreements between the City
and the Community Redevelopment Agency (CRA) for the purchase and sale of the La
Fiance Hotel and 133 N.W. 5`h Avenue properties.
S. CONTRACT RENEWAL/ACCURATE PARKING INC.: Approve renewal of a
contract with Accurate Parking, Inc. for staffing of the Old School Square, Bob
Federspiel and the South County Courthouse Garages on weekend evenings
(Thursdays, Fridays and Saturdays) and special events. Funding is available from 001-
3151-545-34.90 (General Fund/Other Contractual Services).
T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards fox the period
January 3, 2008 through January 11, 2008.
U. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Chaz Equipment Company, Inc. in the amount of $47,950.00
fox the emergency repair of a collapsed sanitary sewer main along A-1-A, south
of Lewis Cove. Funding is available from 442-5178-536-63.51 (Stormwatex
Utility Fund/Sewer Mains).
2. Purchase award to Stryker in the amount of $46,340.00 far the purchase of five
(5) Stryker Model 6500 Power-Pro Ambulance Patient Stretchers fox the Fixe-
Rescue Department. Funding is available from 001-2315-526-64.90 (General
Fund/Other Machinery/Equipment).
01-15-2008
-5-
REGULAR AGENDA:
A.A. HOLD HARMLESS AGREEMENT/DELRAY CLUB. INC.: Approve and
authorize a Hold Harmless Agreement between the City and Delray Club, Inc. fox the
work performed within the State right-of--way. The Dekay Club, Inc. is located at 2001
South Ocean Boulevard. (Commissioner Eliopoulos filed a Conflict of Interest and left dais;
Approved, 3-0)
A. WAIVER REQUESTS/508 S.E. 3rd AVENUE: Consider a waiver request to Land
Development Regulations (LDR) Section 4.3.4(x), "Development Standards Matrix"
to reduce the lot frontage, lot width, and lot size for one of two proposed single family
lots, located at the northwest corner of S.E. 6`h Street and S.E. 3`d Avenue (508 S.E. 3`d
Avenue). (Quasi-Judicial Heating) (Motion to adopt Board Uxder as presented;
Approved, 4-p. Commissioner Eliopoulos xeturaed to dais)
B. REQUEST FOR IN-LIEU PARKING SPACES/WAIVER REQUEST/
TAVERNA EROS: Consider a request from Taverna Eros for the purchase of four
(4) in-lieu parking spaces in the amount of $62,400.00 to accommodate the creation of
an outdoor dining area in the parking area immediately adjacent to the west side of the
building and fronting Atlantic Avenue; and an associated waiver request to Land
Development Regulations (LDR) Section 4.6.9(E)(B), "In-Lieu Fee", which prohibits
the purchase of in-lieu spaces to accommodate an expansion of use when the expansion
eliminates existing parking spaces. The Tavexna Exos is located at 8 East Atlantic
Avenue. (Quasi Judicial Heating) (Motion to adopt Board Order as presented;
Approved, 4-0)
C. REQUEST FOR VALET PARKING SPACES/CITY LIMITS• Consider a
request from City Limits to reserve the use of six (6) parking spaces in the Railroad
Parking Lot to provide valet parking services to accommodate a private party. (Motion to
adopt Board Order as presented; Approved, 4-0)
D. FY 2008 PERFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES: Consider approval of proposed performance measures fox FY 2008 fox
the Murricipal Golf Course, Lakeview Golf Course, and Tennis Facilities. (I~lotion to
approve as proposed by staff; Approved, 4-(1)
E. LICENSE AGREEMENT/EASTER SUNRISE SERVICE: Approve a license
agreement with St. John Primitive Baptist Church for the use of the Tennis Stadium and
Tennis Centex site for an Easter Sunrise Service to be held on Sunday, March 23, 2008
from 6:00 a.m. to 9:00 a.m.; and waiver of the site rental fee, contingent on the receipt
of a hold harmless agreement and receipt of the certificate of liability insurance. (Motion
to appxovc as proposed by staff; Approved, 4-0)
F. SETTLEMENT OFFER IN GISLAINE DOMESTOIRE v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the total amount of $13,000.00 in
Gislaine Domestoire v. City of Dekay Beach. Staff recommends approval subject to
the receipt of the appropriate releases. (Motion to approve; Approved, ~0)
01-15-2008
-6-
G. COMMUNITY WORKFORCE HOUSING INNOVATION PROGRAM
(CWHIP) AGREEMENT FOR VILLAGES AT DELRAY: Consider approval of
the Community Workforce Housing Innovation Program (CWHIP) Agreement fox
Villages at Dekay. (This item was POSTPONED to the January 23, 2008 Special Meedn~
H. APPOINTMENTS TO THE BUDGET TASK FORCE COMMITTEE:
Appoint one (1) regular member and two (2) alternate members to the Budget Task
Force for a six (6) month term. Based upon the rotation system, the appointments will
be made by Commissioner Montague (Seat #4) and Commissioner McDuffie (Seat #3).
(Appointed Steven Janseen and approved, 4-0; appointed (alternate) Robert Moore and
approved, 4-0; and appointed (altematc) James Smith and approved, 4-0)
I. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1) regular
member to the Green Task Force fox a six (6) month term. Based upon the rotation
system, the appointment will be made by Commissioner Montague (Seat #4).
(Appointed Yalmaz Siddiqui and approved, 4-0)
J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board to serve an unexpired term
ending January 14, 2010. Based upon the rotation system, the appointment will be
made by Commissioner Fetzer (Seat #2). (Appointed Mackensou Bernard and approved, 4
o)
K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) student
member to serve a partial term ending July 31, 2009. Based upon the rotation system,
the appointment will be made by Commissioner Montague (Seat #4). (~\ppointed Keren
Eckstein and approved, 4-0)
L. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint three (3) regular members to the Parking Management Advisory
Board to serve two (2) year terms ending January 31, 2010. 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
Bonnie Beer and approved, 4-0; appointed Cecelia Boone and approved, F0; and appointed
Mark Denkler and approved, 4p)
M. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board to serve a two (2) year term ending
December 13, 2009. Based upon the rotation system, the appointment will be made by
Commissioner Montague (Seat #4). (Appointed Sinam Al-Khafaji and approved, 4-0)
01-15-2008
-~-
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 38-07 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to the Land Development Regulations (LDR) which intend
to clarify the current regulations, provide parameters, and define compatible
development within the City's five (5) historic districts and individually designated
properties. If passed, a second public hearing will be scheduled fox February 5, 2008.
(First motion to bid out the surveys for the five (5) historic districts with bidders to review
documentation that has been gathered for adequacy and acarracy and if ^ot found to be
adequate and accurate to re-gather data. Second motion to approve Oxduiance No. 38-07,
Approved, 4-0)
B. ORDINANCE NO. 55-07 (SECOND READING/SECOND PUBLIC
HEARINGI: City initiated amendments to the Land Development Regulations (LDR)
amending Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalty", providing that neglect
shall constitute a nuisance and providing fox enforcement and penalties; Section
2.2.6(C), "Meeting and Quorum", providing for voting, 2.2.6(D), "Duties and
Responsibilities", providing for express authority fox the Historic Preservation Board to
apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development
Standards", Subsection 4.5.1(E)(6), "Demolition", and 4.5.1(F), "Restrictions on
Demolitions", providing requirements fox the application and approval fox demolition.
(Approved, 4-0)
C. ORDINANCE NO. 03-08 (SECOND READING/SECOND PUBLIC
HEARINGI: Privately initiated amendment to the Land Development Regulations
(LDR) ArticleArticle 4.7 "Family/Workforce Housing", to expand the Carver Estates Overlay
District. (Approved, 4-0)
D. ORDINANCE _ NO. 04-08 (SECOND READING/SECOND PUBLIC
HEARINGI: City initiated amendment to the Land Development Regulations (LDR)
to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning
district are permitted only within the I-95/CSX Raihoad Corridor Overlay District.
(Approved, ~0)
E. ORDINANCE NO. 02-08: City initiated amendment to the Land Development
Regulations (LDR) to reduce the duration over which a single parcel must be vacant fox
its development to qualify as in-fill development. This ordinance has been
TABLED.
F. ORDINANCE NO. 01-08: City initiated amendment to the Land Development
Regulations (LDR) Section 2.4.3 "Submission Requirements" to specify the required
scales to which various components of development plans must be prepared.
(Approved, 4-0)
01-15-2008
-8-
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. NONE.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 17, 2008
******Meeting adjozzrned at 8:11 p.m. ******
01-ls-zoos
-~-
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. NONE.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 11, 2008
****** Meeting adjourned at 8:11 p.m. ******
01-15-2008
-~-