07-07-09 Agenda Results Regularcity of Delray Beach
Regular Cornrnission 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, Tuly 7, 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 in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8N.3., Purchase Award to Camalucci Signs,
was moved to the Regular Agenda as Item 9.A.A.; Item 8.A., Service Authorization No. 03-04/Kirnley-
Horn Associates was moved to the Regular Agenda as Item 9.A.A.A. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. June 2, 2009 -Regular Meeting (Approved, 5-0)
B. June 9, 2009 -Special/Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. Life Saving Award Presentation recognizing and commending Luca Carucci, David
D' Eugenio and Paramedic Brian Pollack
B. Senator Chris Smith -Legislative Update
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA
B. AMENDMENT NO. 1/FLORIDA PUBLIC UTILITIES COMPANY
HURRICANE DISASTER AGREEMENT: Approve Amendment No. 1 to the
Hurricane Disaster Agreement between the City of Delray Beach and Florida Public
Utilities Company regarding procedures to be followed in the event of hurricane
disaster.
C. LANDSCAPE MAINTENANCE AGREEMENT/PINEAPPLE GROVE
CORPORATE CENTER: Approve and accept a Landscape Maintenance Agreement
for landscaping within the right-of--way of N.E. 3Td Avenue located at 101 N.E. 2nd
Avenue at the Pineapple Grove Corporate Center (a/k/a Creations Office Building).
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D. PROJECT AGREEMENT/FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION/CLEAN VESSEL ACT GRANT
PROGRAM: Approve a Project Agreement between Florida Department of
Environmental Protection and the City of Delray Beach for the Clean Vessel Act Grant
Program for the purchase and installation of a pumpout system with sewer connection
located at the Municipal Marina. Funding is available from 426-4311-575-64.90 (City
Marina Fund/Other Machinery/Equipment).
E. COMMUNITY DEVELOPMENT BLOCK GRANT/HOUSING
REHABILITATION GRANTS: Approve two (2) Housing Rehabilitation grant
awards to the lowest responsive bidder for the following projects: 318 Washington
Avenue to IQ Construction, Inc., in the amount of $17,812.89 and 123 N.W. 6~'
Avenue to CJ Contracting, LLC., in the amount of $38,422.86; and waive the
Neighborhood Services Division's approved Policies and Procedures that limits bid
award to be within 10% of the in-house estimate and waives the $37,000.00 maximum
grant award established for housing rehabilitation under the Community Block Grant
Program. Funding is available from 118-1963-554-49.19 (Neighborhood
Services/Other Current Charges/Housing Rehabilitation).
F. RESOLUTION NO. 28-09/MAINTENANCE MEMORANDUM OF
AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORATION
F( DOTS Approve Resolution No. 28-09 authorizing the Mayor to execute
Amendment No. 1 to the Maintenance Memorandum of Agreement dated February 24,
2004 with the Florida Department of Transportation (FDOT) for additional landscape
and/or hardscape improvements within the right-of-way of State Road 5.
G. NEIGHBORHOOD STABILIZATION PROGRAM 2 (NSP21 APPLICATION
SUBMITTAL: Authorize staff to submit an application through the competitive
process for funding under the Neighborhood Stabilization Program 2 (NSP2), under
the American Recovery and Reinvestment Act (RRA) 2009. Staff is proposing to
apply under the Delray Beach/Boynton Beach Consortium for a funding allocation in
the amount of $20,000,000.00.
H. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) FOR FY 2009: Authorize staff to submit an
application for funding in the amount of $70,375.00 through the U.S. Department of
Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program's 2009 local
solicitation (CFDA# 16.738) to support the salary of an officer to staff the
Department's Criminal Justice Academy at Atlantic High School.
I. AMENDMENT TO THE RATE AGREEMENT/FAMILY CENTRAL, INC.:
Approve an Amendment to the Rate Agreement between Family Central Inc., and the
City of Delray Beach to extend the term through and including September 30, 2009.
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J. SPECIAL EVENT REQUEST/SPADY LIVING HERITAGE DAY: Approve a
special event request to endorse the 4~' Annual Spady Heritage Day to be held
on August 22, 2009 from 10:00 a.m. to 10:00 p.m., to grant a temporary use permit per
LDR's Section 2.4.6(F) for the closure of N.W. 5~' Avenue from Martin Luther King,
Jr. Boulevard to N.W. 1S` Street; to authorize staff support for security, clean up,
barricading, City generator use, set up and use of the large mobile stage and small stage,
and event signage; contingent upon the receipt of a hold harmless agreement ten (10)
days prior to the event.
K. SPECIAL EVENT REQUEST/MUSICFEST ~ THE PAVILLION: Approve a
special event request for MusicFest @ the Pavilion to be held on July 31, 2009 from
7:00 p.m. to 11:00 p.m., on the grounds of Old School Square; and authorize staff
support for traffic control and security, event signage, clean up, barricading and Fire
inspection services; contingent upon receipt of a certificate of event and liquor liability
insurance.
L. SPECIAL EVENT REQUEST/HAITIAN CULTURAL FESTIVAL: Approve a
special event request to allow the Annual Haitian Cultural Festival to be held on
September 12, 2009 from 3:00 p.m. until 11:00 p.m. on the grounds of Old School
Square; and authorize staff support for traffic control and security, event signage, and
Fire inspection services; contingent upon receipt of a certificate of liability insurance
and hold harmless agreement by September 1, 2009; and contingent on obtaining a
Health Department inspection.
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 15, 2009 through July 2, 2009.
N. AWARD OF BIDS AND CONTRACTS:
1. Bid award to BSA Corporation in the amount of $77,947.00 for renovations to
the Community Center Locker Rooms which includes the base bid plus
alternates A, B and C. Funding is available from 334-4125-572-46.10 (General
Construction Fund/Repair & Maintenance Services/Building Maintenance).
2. Contract award to Technical Inspections, Inc. in the amount of $82,285.00 for
the rehabilitation of Lift Station No. 1 as part of an annual program for Wet
Well Rehabilitation of building Lift Stations. Funding is available from 442-
5178-536-68.53 (Water & Sewer Renewal & Replacement Fund/Improvements
Other/Wet Well Rehabilitation Building LS).
3. MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA
4. Purchase award to Club Car in the amount of @31,420.00 for the purchase of
82 Club Car DS model golf carts for the Municipal Golf Course. Funding is
available through a lease purchase, which will be bid at a future date.
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9. REGULAR AGENDA:
A.A. Purchase award to Camalucci Signs in the amount of $28,526.00 for two (2) illuminated
directional signs to be prefabricated and installed for directing traffic to the entrance to
the Old School Square Garage. Funding is available from 334-3162-541-63.90 (General
Construction Fund/Improvement Other Than Buildings/Other Improvements.
(Approved, 5-0)
A.A.A. SERVICE AUTHORIZATION NO. 03-04/KIMLEY HORN ASSOCIATES:
Approve Service Authorization No. 03-04 in the amount of $33,000.00 to Kimley-Horn
Associates for preparation of a waste relocation plan, combustible gas evaluation and
final summary report for the relocation of landfill debris within the footprint of the
former landfill site within Miller Park. Funding is available from 334-4173-572-63.90
(General Construction Fund/Improvements Other/Other Improvements). (Approved,
5-0)
A. WAIVER REQUEST/WEST ATLANTIC PUBLIC PLAZA: Consider a request
for waiver of Land Development Regulations (LDR) Section 4.6.14(A)(2), "Visibility at
Intersections," which requires a 40-foot visibility triangle at the intersection of two (2)
public rights-of-way. The property is located at the southwest corner of West Atlantic
Avenue and S.W. 5`'' Avenue. (Quasi Judicial Hearing (Motion to adopt Board Order
as presented; Approved, 5-0)
B. CHANGE ORDER NO. 4/WEST CONSTRUCTION. INC./MILLER PARK
IMPROVEMENTS: Consider approval of Change Order No. 4 in the amount of
$95,069.04 to West Construction, Inc., for the excavation required to bury the
unsuitable materials onsite; to include compaction and placement of the unsuitable
materials for the Miller Park Improvements. Funding is available from 334-4173-572-
63.90 (General Construction/Miller Park/Other Improvements). (Approved, 5-0)
C. CONSULTING SERVICE AUTHORIZATION/CURRIE SOWARDS
AGUILA ARCHITECTS/FIRE STATION NO. 3: Consider approval of a
Consulting Service Authorization to Currie Sowards Aguila Architects in the amount of
$25,000.00 for design activities adequate to accommodate the City's application for a
Fire Station Construction Grant (SCG) under the American Recovery and Reinvestment
Act (ARRA) for the reconstruction of Fire Station No. 3. Funding is available from
334-2311-522-31.30 (General Construction Fund/Professional
Services/Engineering/Architect). (Motion to approve; Approved, 3-2. Commissioner
Eliopoulos and Commissioner Fetzer dissenting
D. INTERLOCAL AGREEMENT/TOWN OF GULF STREAM/FIRE-RESCUE
SERVICES: Consider approval of an Interlocal Agreement with the Town of Gulf
Stream for Fire-Rescue Services. (Motion to approve; Approved, 4-1. Commissioner Frankel
dissenting)
E. RE ,UIREMENT TO CHANGE BUDGET HEARING DATES: Consider
approval to change the first budget public hearing date, currently scheduled for
September 8, 2009, to September 10, 2009. (Approved, 5-0)
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F. FISCAL YEAR 2009-2010 BUDGET DEVELOPMENT STATUS REPORT
G. DESIGNATION OF VOTING DELEGATE: Designate the voting delegate to the
Florida League of Cities' 83Td Annual Conference to be held at the Marriott World
Center in Orlando, Florida on August 13-15, 2009. (Motion to appoint Commissioner
Frankel; Approved, 5-0)
H. AGREEMENT/IMG WORLDWIDE, INC.: Consider approval of an Agreement
between IMG Worldwide Inc., and the City of Delray Beach which provide for the sale
of sponsorships for two (2) Match Point events and the sale of the naming rights for the
Tennis Center. (Approved, 5-0)
I. SPECIAL EVENT REQUEST/6TH ANNUAL FAMILY FUN DAY AT
POMPEY PARK: Consider approval of a special event request for the 6~' Annual
Family Fun Day at Pompey Park produced by the Parks and Recreation Department;
and authorize staff support for security, trash removal and clean up assistance, trash
boxes, use of the large City stage, City generator use, and preparation and installation of
event signage; with the condition that the event is held for one (1) day on July 25, 2009
from 4:00 p.m. to 9:00 p.m. (Motion to approve event from 4:00 p.m. to 11:00 p.m.;
Approved, 5-0)
J. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority (DDA) to
serve a three (3) year term ending July 1, 2012. Based upon the rotation system, the
appointment will be made by Commissioner Eliopoulos (Seat #1). (Appointed David
Cook and approved, 5-0)
K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four
(4) year term ending July 14, 2013. Based upon the rotation system, the appointment
will be made by Commissioner Frankel (Seat #3). (Appointed Shelly Petrolia and approved,
5-0)
L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular
members to the Education Board for two (2) year terms ending July 31, 2011. Based
upon the rotation system, the appointments will be made by Commissioner Frankel
(Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie (Seat #5), Commissioner
Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat
#3). (Appointed Theodore Berman and approved, 5-0; appointed Melanee Blankstein and
approved, 5-0; appointed Catherine DeMatto and approved, 5-0; appointed Peter Raycroft and
approved, 5-0; appointed Perry Stokes and approved, 5-0 and appointed Sandra Tobias and
approved, 5-0)
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M. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to serve an unexpired term ending July 31, 2010 and two (2) regular
members to the Police Advisory Board for two (2) year terms ending July 31, 2011.
Based upon the rotation system, the appointments will be made by Commissioner
Frankel (Seat #3) for one (1) regular member to serve an unexpired term,
Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5) for two (2) regular
members to serve two (2) year terms. (Appointed Regine Celestin and approved 5-0;
appointed Jason Dollard and approved 5-0 and appointed Victor Kirson and approved 5-0)
N. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint four
(4) regular members to the Public Art Advisory Board to serve two (2) year terms
ending July 31, 2011. Based upon the rotation system, the appointments will be made
by Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie
(Seat #5) and Commissioner Eliopoulos (Seat #1). (Appointed Robert Currie and
approved, 5-0; appointed Annette Gray and approved, 5-0 and appointed Sharon Kosoff and
approved, 5-0. Mayor McDuffie's appointment DEFERRED to the July 21, 2009 Regular
Commission Meeting)
O. RESOLUTION NO. 30-09: Consider adoption of Resolution No. 30-09 urging the
Boards of the City's pension funds to operate consistent with the "Protecting Florida's
Investment Act". (ADDENDUM) (Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 27-09 (SECOND READING/SECOND PUBLIC
HEARING): Consider a city-initiated amendment to the Land Development
Regulations (LDR) Appendix "A", "Definitions", to provide an updated definition of
"Family". (Approved, 5-0)
B. ORDINANCE NO. 28-09 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a city-initiated amendment to the Land Development
Regulations (LDR), Section 4.3.3, "Special Requirements for Specific Uses", Subsection
(1), "Community Residential Homes and Group Homes", to update the section to
comport with changes in State Law. (Approved, 5-0)
C. ORDINANCE NO. 29-09 (SECOND READING/SECOND PUBLIC
HEARING): Consider a city-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 (RNI) 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". (Approved, 5-
0)
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D. ORDINANCE NO. 30-09 (SECOND READING/SECOND PUBLIC
HEARING): Consider acity-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. (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. 37-09: Consider an ordinance amending Chapter 101, "Parks,
Beaches, and Recreation", by enacting a new Section 101.37, "Shark Fishing", to
prohibit shark fishing within three hundred feet of the municipal beach. If passed, a
public hearing will be held on July 21, 2009. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
~®STE®: JULY 2' 2®®~
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