07-21-09 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, Tuly 21, 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.
ROLL CALL. (Commissioner Bernard absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 9.H.., Filling Unexpired Term of
Commissioner Bernard, was added to the agenda by addendum; Item 9.L, Revised Purchase and Sale
Agreement/ Eagles Nest Property, was added to the agenda by addendum; Item 8.L.1, Contract Award
to Kimley-Horn was moved to the Regular Agenda as Item 9.A.A.; Item 8.C., Change Order No.
5/West Construction, Inc., Miller Park Improvements Project was moved to the Regular Agenda as
Item 9.A.A.A. Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
A. June 16, 2009 -Regular Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Firefighter Appreciation Month -August 2009
7. PRESENTATIONS:
A. S.P.LRLT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. WATER AND SEWER UTILITY EASEMENT AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY: Approve and accept a 12-foot water and
sewer utility easement agreement with the School Board of Palm Beach County for
water and sewer lines associated with the new Plumosa Elementary School located at
the old Atlantic High School site (2501 Seacrest Boulevard).
B. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/MILLER PARK
IMPROVEMENTS PROJECT: Approve an easement agreement between the City
and Florida Power & Light (FPL) for a pad mounted transformer and associated
underground electrical utilities for the Miller Park Improvements Project.
C. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDAI
D. PUBLIC ART ADVISORY BOARD/BUS SHELTER ART CONTEST:
Approve art work selected by the Public Art Advisory Board from the Bus Shelter Art
Contest to be installed at four (4) bus shelters located at: North Swinton Avenue and
N.E. 5`'' Street, N.W. 5`'' Avenue just north of West Atlantic Avenue, S.E. 6`'' Avenue
just south of East Atlantic Avenue and N.E. 1S` Street between N.E. 4`'' and N.E. 5`''
Avenue.
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E. CALL TO ARTIST/LATERAL RUNWAY/TENNIS CENTER: Approve a
request to allow the Public Art Advisory Board to advertise a Call to Artists, "Lateral
Runway", for an area along the north side of West Atlantic Avenue in front of the
Delray Beach Tennis Center.
F. ACCEPTANCE OF RIGHT-OF-WAY DEED/COMMUNITY
REDEVELOPMENT AGENCY (CRA)/PINEAPPLE GROVE PARKING
LOT: Approve and accept aright-of--way deed between the City and the CRA
associated with the Pineapple Grove Parking Lot located on the east side of N.E. 3ra
Avenue, 357 feet south of N.E. 4`'' Street (353 N.E. 3Td Avenue).
G. RESOLUTION NO. 31-09/AMENDMENT TO LOCAL HOUSING
ASSISTANCE PLAN (LHAP~ Approve and adopt Resolution No. 31-09, an
amendment to City's State Housing Initiatives Partnership (SHIP) Program, Local
Housing Assistance Plan (CHAP) for Fiscal Years 2007-2010 to include the Florida
Homebuyer Opportunity Program Strategy.
H. DISASTER RECOVERY INITIATIVE (DRII/HOUSING
REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) Housing
Rehabilitation grant award to the lowest responsive bidder for 613 S.W. 9`'' Court to
Cordoba Construction in the amount of $32,035.96. Funding is available from 118-
1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing
Rehabilitation).
I. EMERGENCY SERVICES AGREEMENT/PALM BEACH COUNTY FIRE
RESCUE: Authorize the Mayor to execute the revised Emergency Services Agreement
for Mutual Assistance and Automatic Aid between the City and Palm Beach County
Fire-Rescue.
J. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3/FINAL)/TAW.
CHEATHAM, LLC/MANGO DRIVE/REIGLE AVENUE/S.W. 7Tx
AVENUE: Approve Contract Closeout (Change Order No. 3/Final) in the deduct
amount of $22,044.40 and final payment in the amount of $16,686.35 for the
completion of the Mango Drive/Reigle Avenue/S.W. 7`'' Avenue Road Reconstruction
Project. Funding is available from 118-1960-554-68.27 (Neighborhood Services/Other
Improvement/Mango Drive/Reigle Drive & S.W. 7~').
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 6, 2009 through July 17, 2009.
L. AWARD OF BIDS AND CONTRACTS:
1. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
2. Purchase award to The Dumont Company in the estimated annual amount of
$53,650.00 as needed for Hydrofluosilicic Acid for the Water Treatment Plant.
Funding is available from 441-5122-536-52.21 (Water and Sewer
Fund/Operating Supplies/Chemicals).
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3. Purchase award to Emergency Vehicle Supply (EVS) in the amount of
$82,428.03 for the purchase and installation of ten (10) police vehicle equipment
packages for the Police Department. Funding is available from 501-3312-591-
64.20 (Garage Fund/Machinery/Equipment/Automotive) and 001-2115-521-
64.20 (General Fund/Machinery Equipment/Automotive).
4. Purchase award to Hub City Ford, Inc. in the amount of $28,098.00 for the
purchase of one (1) replacement 2010 Ford Escape Hybrid compact SUV with
options for the Environmental Services Department. Funding is available from
501-3312-591-64.20 (Garage Fund/Machinery/Equipment/Automotive).
5. Purchase award to DECO Pump and Equipment in the amount of $38,410.00
for the purchase of one (1) Peristaltic Pump, twelve (12) remote pumping
centers with hose rack, and one (1) monitoring system. Funding is available
from 426-4311-575-64.90 (City Marina Fund/Machinery/Equipment/other
Machinery/Equipment) .
9. REGULAR AGENDA:
AA. Contract award to Kimley-Horn in the amount of $98,500.00 to provide consulting
services in accordance with Bid #2009-025 to perform a parking management study.
Funding is available from 001-3151-545-34.90 (General Fund/Operating Expenses -
Misc/Other Contractual Service). (Approved, 3-1. Commissioner Frankel dissenting)
AAA. CHANGE ORDER NO. 5/WEST CONSTRUCTION, INC./MILLER PARK
IMPROVEMENTS: Approve Change Order No. 5 to West Construction, Inc., in the
amount of $10,178.73 with an eight (8) day extension of time to complete the project
for additional work required to lower a Florida Power & Light (FPL) primary feeder
line; remove seagrape trees and fencing, re-grade, and then replace fence for the Miller
Park Improvements Project. Funding to be paid out of the Contractor's Video, Utility
and Unforeseen Conditions Allowance. (Approved, 4-0)
A. PUBLIC ART COMPONENT/ART AND JAZZ ON THE
AVENUE/SUMMER NIGHTS ON THE AVENUE: Consider approval of a
Public Art component at six (6) Art and Jazz on the Avenue and six (6) Summer Nights
on the Avenue events in the amount of $10,000.00. Funding is available from the Public
Arts Program. (Approved, 3-1. Commissioner Fetzer dissenting)
B. RESCIND CONSULTING AGREEMENT/COMPUTERWORX, INC.:
Consider approval to rescind a Consulting Agreement between the City and
Computerworx, Inc., for computer software development for online bulletin board
meetings. (Approved, 4-0)
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RE ,VEST FOR PROPOSAL (RFPI/ONLINE BULLETIN
BOARD SOFTWARE: Provide direction regarding whether or not to
pursue a second RFP for computer software development for online
bulletin board meetings. (Consensus of Commission for staff to research this
further with Information Technology and have staff bring information back to
Commission for further direction)
C. RESOLUTION NO. 32-09: Consider approval of Resolution No. 32-09 amending
Resolution No. 24-09 which provides for additional board members and alternates for
the Green Task Force Board. (Approved, 4-0)
D. PUBLIC SAFETY SOFTWARE/REQUEST FOR PROPOSALS: Consider
authorization for staff to issue Request for Proposal #2010-05 for procurement of a
Public Safety Software System. (Motion to authorize staff to issue RFP #2010-05; Approved,
4-0)
E. PROPOSED MILEAGE RATE: Consider approval of a proposed millage rate for
FY 2010, and set the budget review and adoption schedule. (Motion to go with the
rollback rate (as allowed by Amendment 1) of 7.3833; Approved, 3-1. Commissioner Fetzer
dissenting)
F. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board to serve a two (2) year term
ending July 31, 2011. Based upon the rotation system, the appointment will be made by
Mayor McDuffie (Seat #5). (Appointed Mary Minieka and approved, 4-0)
G. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority to serve an
unexpired term ending July 1, 2010. Based upon the rotation system, the appointment
will be made by Commissioner Fetzer (Seat #2). (Appointed Seabron Smith and approved,
4-0)
H. FILLING UNEXPIRED TERM OF COMMISSIONER BERNARD: Consider
the process for filling the unexpired term of Commissioner Mackenson Bernard.
(ADDENDUM (Motion approve process as outlined; Approved, 4-0)
I. REVISED PURCHASE AND SALE AGREEMENT/EAGLES NEST
PROPERTY: Consider approval of the Revised Purchase and Sale agreement between
the City of Delray Beach and Ginette Louis for purchase of the Eagles Nest property
located at 46 N.W. 12`'' Avenue. (ADDENDUM) (Approved, 4-0)
10. PUBLIC HEARINGS:
A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI ANNUAL
ACTION PLAN (FY 2009 - 2010 Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the United States
Housing & Urban Development Department (HUD) for utilization of federal grant
funds. (Approved, 4-0)
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B. RESOLUTION NO. 29-09: Consider approval of Resolution No. 29-09 establishing
a budget for the Stormwater Utility System, establishing the rates for FY 2010
Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll. (Approved, 4-0)
C. 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. (Motion to
approve Ordinance No. 37-09 as amended, 4-0)
D. ORDINANCE NO. 32-09 (FIRST READING/FIRST PUBLIC HEARING
Consider acity-initiated amendment to the Land Development Regulations (LDR) to
Section 4.4.13(B)(3), "Principle Uses and Structures Permitted", to clarify that "Public
Open Space/Plaza", is a principal (permitted) use within the Central Business District
(CBD). If passed, a second public hearing will be held on August 4, 2009. (Approved, 4-
0)
E. ORDINANCE NO. 33-09 (FIRST READING/FIRST PUBLIC HEARINGI:
Consider acity-initiated amendment to the Land Development Regulations (LDR)
2.4.3(K), "Fees", Sub-subsection (1), "Development Applications", Sub-subsection (3),
"Permit Fees", to provide for an increase in such fees. If passed, a second public
hearing will be held on August 4, 2009. (Motion to approve Ordinance No. 33-09 as
amended; Approved, 3-1. Commissioner Frankel dissenting
F. ORDINANCE NO. 35-09 (FIRST READING/FIRST PUBLIC HEARING
Consider a city initiated amendment to Land Development Regulations (LDR) Section
4.6.9, "Off-Street Parking Requirements", Subsection (C), "Number of Parking Spaces
Required", Sub-subsection (8), "Multiple Uses", Paragraph (A), "Shared Parking", to
allow the utilization of the shared parking calculations table for mixed-use
developments when there is no residential use. If passed, a second public hearing will be
held on August 4, 2009. (Approved, 4-0)
G. ORDINANCE NO. 36-09 (FIRST READING/FIRST PUBLIC HEARINGI:
Consider acity-initiated amendment to Land Development Regulations (LDR) Section
4.3.4(K), "Development Standard Matrix", pertaining to setback requirements in the
Residential Office District (RO). If passed, a second public hearing will be held on
August 4, 2009. (Approved, 4-0)
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. None
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 17, 2009
07/21/2009
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