06-02-09 Agenda Results RegularCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
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
Tuesday, Tune 2, 2009 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 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 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 are available for meetings u7 the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.C., Resolution No. 17-09, was moved to
the Regular Agenda as Item 9.A.A. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. May 19, 2009 -Regular Meeting (Approved, 5-0)
B. May 26, 2009 -Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Artist in Residence - Michiko Kurisu
B. 2010 Census Complete Count Committee
7. PRESENTATIONS:
A. 20`'' Annual Delaire/Delray Citizens for Delray Police Charity Golf Tournament
Presentation to Police and Fire-Rescue -Perry DonFrancisco
B. Presentation by Match Point, Inc. and Players International Management (Addendum)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. CONTRACT CLOSEOUT (C.O. NO. 1/FINALI/GREEN CONSTRUCTION
TECHNOLOGIES, INC./2008 SWALES PROJECT: Approve a Contract
Closeout (Change Order No. 1/Final) in the amount of a $34,492.13 decrease and final
payment in the amount of $6,704.70 to Green Construction Technologies, Inc. for
completion of the 2008 Swales Project. Funding is available from 448-5461-538-65.41
(Storm Water Utility Fund/Other Improvements/Swale Reconstruction).
B. CHANGE ORDER NO. 2/ROSSO PAVING & DRAINAGE,
INC./HOMEWOOD BOULEVARD BICYCLE LANES ROAD WIDENING:
Approve of Change Order No. 2 to Rosso Paving and Drainage, Inc. for additional
work required to relocate a sidewalk for the Homewood Boulevard Bicycle Lanes
Project.
C. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA
D. RESOLUTION NO. 24-09: Approve Resolution No. 24-09 establishing a Green
Task Force to make recommendations to the City Commission regarding environmental
sustainability and ideas to implement the recommendations.
06/02/2009
-2-
E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI AMENDMENT
TO ANNUAL ACTION PLAN (FY 2008 - 2009 Approve an amendment to FY
2008-2009 Annual Action Plan to include $156,617.00 towards funding Public Facilities
and Improvements located within the CDBG target area.
F. BULLETPROOF VEST GRANT/DEPARTMENT OF JUSTICE: Authorize
staff to submit an application to the Department of Justice for funding in the amount of
$2,170.12 for 8 vests for the Bulletproof Vest Program. Funding is available from 001-
2115-521-52.27 (General Fund/Operating Supplies/Equipment < $1,000).
G. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND:
Approve the Mayor's submission of a letter in support of the Countywide Justice
Assistance Grant funds (JAG) for FY 2010 funding allocations.
H. SPECIAL EVENT REQUESTS/ART AND TAZZ ON THE AVENUE:
Approve special event requests to endorse Art and Jazz on the Avenue to be held on
June 25, 2009 and August 20, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary
use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton
to the west side of N.E./S.E. 7`'' Avenue, Railroad Avenue from Atlantic north to the
north side of the east/west alley, and to the alleys north and south of Atlantic on
N.E./S.E. 1S` Avenue, N.E./S.E. 2"d Avenue, S.E. 3Td Avenue, N.E./S.E. 4`'' Avenue and
N.W. 5`'' Avenue from the north side of the Fire Station to N.W. 2"d Street, and S.W. 5~'
Avenue from Atlantic to SW 1S` Street; to authorize staff support for security, traffic
control, banner hanging and removal, barricade set up and removal, trash removal and
clean up and EMS assistance; contingent upon receipt of a hold harmless agreement.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 18, 2009 through May 29, 2009.
J. AWARD OF BIDS AND CONTRACTS:
1. None
9. REGULAR AGENDA:
A.A. RESOLUTION NO. 17-09: Approve Resolution No. 17-09 assessing costs for
abatement action required to remove nuisances on nine (9) properties throughout the
City. (Commissioner Bernard filed a Conflict of Interest and left the dais. Approved, 4-0)
A. CONDITIONAL USE REQUEST/LIFE SKILLS CENTER: Consider a
conditional use request to allow the expansion of the Life Skills Center into three (3)
vacant bays adjacent to the previously approved Life Skills facility for the property
located within the Lake Ida Shopping Center at the southwest corner of Lake Ida Road
and Congress Avenue. (Quasi Judicial Hearing) (Motion to adopt board order as
presented; Approved, 4-1. Commissioner Frankel dissenting)
06/02/2009
-3-
1. WAIVER REQUESTS/LIFE SKILLS CENTER: Consider two (2) waiver
requests to Land Development Regulations (LDR) Section, 4.3.3 (HHH) (3),
"Outdoor Area", to reduce the minimum outdoor play area required from 75
square feet per student to 33.33 square feet; and Land Development Regulations
(LDR) Section, 4.3.3. (HHH) (6), "Private Schools and Other Similar Education
Facilities", to exceed the maximum number of students from 100 to allow up to
165 students for the property located within the Lake Ida Shopping Center at
the southwest corner of Lake Ida Road and Congress Avenue. (Quasi Judicial
Hearing) (Motion to adopt board order as presented, Approved, 4-1; Commissioner
Frankel dissenting)
B. BID PROTEST/BID AWARD/OCEANSIDE BEACH SERVICE,
INC.: Consider bid protests filed by Oceanside Beach Service, Inc. and Boucher
Brothers, regarding beach equipment rental concession; Request for Proposal (RFP)
No. 2009-18 and consider awarding the bid to Oceanside Beach Service, Inc. (Quasi-
,judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
C. AGREEMENT/COMPUTERWORX, INC.: Consider approval of a Consulting
Agreement between the City and ComputerWorx, Inc., for computer software
development for the Green Task Force online bulletin board meetings. (Consensus of the
Commission for staff go back to ComputerWorx, Inc. regarding the agreement)
D. AMENDMENT NO. 2/MATCH POINT, INC.: Consider approval of
Amendment No. 2 to the amended and restated agreement between the City and Match
Point, Inc. which provides that the City shall be a Co-Title Sponsor for the ATP
Champions Tour, which shall be held concurrently with the ATP World Tour.
(Consensus of the Commission to have the Budget Force Task Force review the agreement and
for staff to bring the recommendations back to them)
10. PUBLIC HEARINGS:
A. WAIVER REQUEST/PALM TERRACES: Consider a request to waive Land
Development Regulations (LDR) Section 1.3.8 (B), "Reconstruction Necessitated by
Act of God", which requires applicants seeking building permits to submit within one
(1) year of the date on which the "Act of God" event occurred and that all
reconstruction be completed within three (3) years from the date of the event for Palm
Terraces, located at 1000 Palm Trail. (Quasi Judicial Hearing) (Motion to adopt board
order as presented, Approved, 4-1; Commissioner Fetzer dissenting)
B. RESOLUTION NO. 21-09: Consider approval of Resolution No. 21-09 authorizing
the City to sell property that the City acquired from Palm Beach County for unpaid
taxes located at 46 N.W. 12`h Avenue, Delray Beach, Florida, to Ginette Louis for
affordable housing purposes. (Motion to approve Resolution No. 21-09; Approved, 5-0)
06/02/2009
-4-
1. SELECTION OF EAGLE NEST HOMEBUYER: Approve homebuyer
Ginette Louis for the Eagle Nest property located at 46 N.W. 12`h Avenue and
approve $75,000.00 in SHIP down payment assistance funds for the home
purchase. Funding will be available from 118-1924-554-49.20 (Neighborhood
Services/Other Current Charges/Homeowner Subsidy). (Approved, 5-0)
C. RESOLUTION NO. 23-09: Consider approval of a resolution for the certification
and adoption of the preliminary assessment roll for the Douglas Avenue special
assessment district. (Motion to approve Resolution No. 23-09, Denied, 4-1; Commissioner
Eliopoulos dissenting)
D. ORDINANCE NO. 16-09 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider an ordinance accepting the recommendations contained within
the Old School Square Historic District Resurvey Report including extending the Period
of Significance to 1965 and reclassifying 23 properties from non-contributing to
contributing. (Motion to approve Ordinance No. 16-09; Denied, 5-0)
E. ORDINANCE NO. 17-09 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider an ordinance accepting the recommendations contained within
the West Settlers Historic District Resurvey Report including extending the Period of
Significance to 1970, and reclassifying 7 properties from non-contributing to
contributing and amending the Land Development Regulations to amend the
boundaries of the West Settlers Historic District to provide for the removal of the
Atlantic Grove Development. (Motion to approve Ordinance No. 17-09 (Version 2);
Approved, 5-0)
F. ORDINANCE NO. 27-09 (FIRST READING/FIRST PUBLIC HEARINGI:
Consider acity-initiated amendment to the Land Development Regulations (LDR)
Appendix "A" "Definitions", to provide an updated definition of "Family". If passed, a
second public hearing will be held on July 7, 2009. (Motion to approve Ordinance No. 27-
09, Approved, 3-2; Commissioner Bernard and Mayor McDuffie dissenting
G. ORDINANCE NO. 28-09 (FIRST READING/FIRST PUBLIC HEARINGI:
Consider a city initiated amendment to the Land Development Regulations (LDR),
Section 4.3.3, "Special Requirements for Specific Uses", Subsection (I) "Community
Residential Homes and Group Homes", to update the section to comport with changes
in State Law. If passed, a second public hearing will be held on July 7, 2009. (Motion to
approve Ordinance No. 28-09; Approved, 5-0)
H. ORDINANCE NO. 29-09 (FIRST READING/FIRST PUBLIC HEARING
Consider acity-initiated amendment to the Land Development Regulations (LDR) by
amending Section 4.3.3, "Special Requirements for Specific Uses", by enacting a new
Subsection 4.3.3(ZZZ), "Transient Residential Uses", in order to establish prohibitions,
exemptions/exceptions, waivers and penalties; amending Section 4.4.6, "Medium
Density Residential (RM) District, to provide that "Transient Residential Uses", shall be
allowed as permitted uses; and, amending Appendix "A," "Definitions", to provide for
a definition of "Transient Residential Uses". If passed, a second public hearing will be
held on July 7, 2009. (Motion to approve Ordinance No. 29-09; Approved, 5-0)
06/02/2009
-5-
I. ORDINANCE NO. 30-09 (FIRST READING/FIRST PUBLIC HEARING:
Consider a city initiated amendment to Chapter 117 of the Code of Ordinances,
"Landlord Permits", Section 117.01, "Permit Required", to clarify when a permit is
required; Section 117.03, "Approval of Application", to provide additional
requirements; Section 117.04, "Appeals", by renaming it "Denial or Revocation of
Permit Application; Appeals", Section 117.05 "Inspection", to provide for inspection
with a warrant; enacting a new Section 117.06 "Tenant/Occupant Eviction", to ensure
notice and due process rights are followed or alternate housing is provided; and,
enacting a new Section 117.07 "Severability", to provide for severability. If passed, a
second public hearing will be held on July 7, 2009. (Motion to approve Ordinance No.
30-09 with added language as suggested by the City Attorney; 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 31-09: Consider a city-initiated amendment to Chapter 35,
"Employees 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"; amending Section 35.100,
"Beneficiaries; Contingencies". If passed, a public hearing will be held on June 16,
2009. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MAY 29, 2009
06/02/2009
-6-