09-10-09 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
Thursday, September 10, 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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.A., Request for Sidewalk Deferral/1028
Vista Del Mar Drive, was moved to the Regular Agenda as Item 9.A.A.; Item 8.H., Change Order No.
1/Weekley Asphalt Paving, Inc., was moved to the Regular Agenda as Item 9.A.A.A.; Item 8.R., Grant
Award/Recovery Act Edward Byrne Memorial Justice Assistance Grant QAG), was removed from the
agenda; the Applicant requested Item 9.B., Appeal/Site Plan Review Appearance Board
Action/CVS/pharmacy, be removed from the agenda; additional information is on the dais for Item
10.A., Resolution No. 37-09 (Tentative Millage Levy), Item 12.F., Ordinance No. 49-09 was added to
First Readings by addendum. Approved as amended, 4-0).
5. APPROVAL OF MINUTES:
A. August 18, 2009 -Regular Meeting (Approved, 4-0)
B. August 25, 2009 -Workshop Meeting (Approved, 4-0)
C. September 1, 2009- Special/Workshop Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Recognizing Boys and Girls Club Day for Kids
7. PRESENTATIONS:
A. Special Recognition Award -Budget Task Force
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA
B. ACCEPTANCE OF RIGHT-OF-WAY DEED, SIDEWALK EASEMENT AND
SIDEWALK DEFERRAL/1023 NASSAU STREET: Approve and accept aright-
of-way deed, sidewalk easement and sidewalk deferral agreement for the property
located at 1023 Nassau Street.
C. ACCEPTANCE OF RIGHT-OF-WAY DEED/CARVER SQUARE POCKET
PARK: Approve and accept aright-of--way deed with the Community Redevelopment
Agency associated with the Carver Square Pocket Park, located at the northeast corner
of S.W. 3Td Street and S.W. 7`'' Avenue.
D. ACCEPTANCE OF RIGHT-OF-WAY DEED/WEST ATLANTIC PUBLIC
PLAZA: Acceptance of aright-of--way deed associated with the West Atlantic Public
Plaza, located at the southwest corner of West Atlantic Avenue and S.W. 5`'' Avenue.
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E. GRANT APPLICATION/DEPARTMENT OF TRANSPORTATION
(DOTI/TRANSPORTATION INVESTMENT GENERATING ECONOMIC
RECOVERY (TIGERS Authorize staff to submit a grant application to the U.S.
Department of Transportation for the Transportation Investment Generating
Economic Recovery (TIGER) grant under the American Recovery and Reinvestment
Act (ARRA) for the US 1 and the MLK Drive Beautification projects and approve
submittal of a letter indicating that the City will abide by Federal wage rates.
F. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTI/TOINT
PARTICIPATION AGREEMENT/BUS SHELTERS: Approve and authorize
the execution of a Joint Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) to reimburse 50% of the $200,000.00 costs related to the
installation of twelve (12) bus shelters in various locations throughout the City. Funding
is available from 334-3162-544-65.70 (General Construction Fund/Other
Improvements/Transit Stop Bus Shelters).
G. AMENDMENT NO. 1 TO THE AGREEMENT/H & D CONSTRUCTION
CO., INC.: Approve Amendment No. 1 to the Construction Contract with H & D
Construction Co., Inc. for compliance with additional provisions as required by the
Community Development Block Grant-Recovery ARRA Federal Economic
Stimulus Grant for the construction of S.W. 14th Avenue Roadway, Alleys, & Drainage
Improvements Project. Funding is available from 101-1969-541-68.25 (ARRA
Economic Stimulus FD/Other Improvement/S.W. 14`'' Avenue-S.W. 2"d to S.W. 1S`
Street) and 334-3162-541-68.05 (General Construction Fund/Other Improvement/S.W.
14~' Alley Improvement).
H. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA
I. CONTRACT ADDITION (C.O. NO. 11 /DOWNRITE ENGINEERING
CORP.: Approve Contract Addition (Change Order No. 1) to Downrite Engineering
Corp. for additional work consisting of the installation of a 6" PVC Water Main along
Luke Lane for Area 11A Reclaimed Water System (Contract 3) Project. Funding is
available from the current contract Undefined Underground Allowance; therefore, no
additional funding is needed.
J. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/CLOSE CONSTRUCTION,
INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of a
$80,000.00 decrease and final payment in the amount of $27,676.35 to Close
Construction, Inc. for the completion of the Area 11A Reclaimed Water In-Line
Booster Pump Station (Contract 1) project. Funding is available from 441-5181-536-
65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission).
K. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/INTERCOUNTY
ENGINEERING, INC.: Approve Contract Closeout (Change Order No. 2/Final)
in the amount of a $16,678.84 decrease and final payment in the amount of $25,071.01
to Intercounty Engineering, Inc. for the completion of the Area 11A Reclaimed Water
System (Contract 2). Funding is available from 441-5181-536-65.96 (Water/Sewer
Fund/Other Improvements/Reclaimed Water Transmission).
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L. HOLD HARMLESS AGREEMENT/BRYCE NEWELL: Approve and
authorize a Hold Harmless Agreement between the City and property owner Bryce
Newell for the installation of removable fence within the public-right-of--way for the
property located at 103 N.W. 3Td Avenue.
M. TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT/EASEMENT AGREEMENT/OLD SCHOOL SQUARE
PARK: Approve a Temporary Construction Easement Agreement and an Easement
Agreement for the improvement of certain areas located at the south end of the Old
School Square park area and the placement of landscaping in certain areas.
N. AMENDMENT NO. 2 TO THE DISASTER RECOVERY INITIATIVE
AGREEMENT/PALM BEACH COUNTY: Approve Amendment No. 2 to the
agreement between the City and Palm Beach County for the Disaster Recovery
Initiative (DRI) Program to complete twenty-four (24) housing rehabilitation projects
for income-eligible residents who suffered damages from Hurricane Wilma, extending
the deadline for completion to February 15, 2010.
O. INTERLOCAL AGREEMENT/SOLID WASTE AUTHORITY OF PALM
BEACH COUNTY: Approve an Interlocal Agreement between the City and Solid
Waste Authority of Palm Beach County for the delivery of municipal solid waste to
designated facilities and for a municipal revenue-sharing recycling program.
P. MEMORANDUM OF UNDERSTANDING/STATE HOMELAND
SECURITY GRANT: Approve a Memorandum of Understanding with the Florida
Department of Financial Services; and accept the 2008-2009 Domestic Preparedness
Grant from the State Homeland Security Grant Program in the amount of $54,885.00
for sustainment and maintenance of equipment.
Q. GRANT AWARD/DEPARTMENT OF JUSTICE/COPS HIRING
RECOVERY PROGRAM (CHRP~ Accept a grant award from the Department of
Justice for the COPS Hiring Recovery Program in the amount of $1,360,164.00 to fund
six (6) sworn police officer positions for three (3) years.
R. GRANT AWARD /RECOVERY ACT EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAGS Approve and accept the Recovery Act
Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of
$289,582.00 which will provide funding to support the Holiday Robbery Task Force,
purchase police vehicles, and repair/reconfigure a donated driving simulator.
(REMOVED from the agenda due to a request from staf~
S. GRANT AWARD /EDWARD BYRNE MEMORIAL TUSTICE ASSISTANCE
GRANT (JAGI FOR FY 2009: Approve and accept an award of 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 annual solicitation (CFDA#
16.738) to support the salary of an officer to staff the Department's Criminal Justice
Academy at Atlantic High School.
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T. RESOLUTION NO. 40-09 /BUDGET AMENDMENT: Consider approval of
Resolution No. 40-09 amending Resolution No. 44-08 adopted September 16, 2008,
and Resolution No. 26-09 adopted June 16, 2009 and Resolution No. 35-09 adopted
August 18, 2009 which made appropriations for necessary expenditures of the City for
the FY 2008/2009, by setting forth the anticipated revenues and expenditures for the
operating funds of the City for the fiscal year 2008/2009.
U. AMENDMENT NO. 1 TO THE AGREEMENT WITH GOVDEALS, INC.:
Approve Amendment No. 1 to the Agreement with GovDeals, Inc. to include Fire
Department equipment and Environmental Services Department fleet vehicles to be
sold by the GovDeals.com Internet site.
V. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratifiy the appointment of
Mr. Herman Stevens, Community Redevelopment Agency Representative; and Mr.
Joseph Pike and Ms. Deborah Dowd, Planning and Zoning Board Representative and
Alternate Representative, for terms ending July 31, 2011, and July 31, 2010.
W. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/VERIZON
WIRELESS: Approve Amendment No. 1 to the Lease Agreement with Verizon
Wireless for use of the City's generator as an alternate power source for the
Verizon antenna on the Police Department radio tower.
X. ADDITIONAL FUNDING/HOMETOWN CONNECTION NEWSLETTER:
Approve and authorize additional funding in the amount of $1,500.00 to CM Graphics
to support the cost of printing and mailing the final edition of the Hometown
Connection Newsletter for FY 2008-2009. Funding is available from 001-1316-512-
47.10 (General Fund/Printing & Binding/Printing/Binding Services).
Y. SPECIAL EVENT REQUEST/10TH ANNUAL DOWNTOWN DELRAY
BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special
event request for the 10`'' Annual Downtown Delray Beach Thanksgiving Weekend Art
Festival to be held on November 28-29, 2009 from 10:00 a.m. until 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd Avenue from the
alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3Td Street, to
utilize the City Hall parking lot for vendor parking, and to authorize staff support for
traffic control, security, and Fire Inspector with the sponsor paying all overtime costs.
Z. RESOLUTION NO. 41-09: Approve and adopt Resolution No. 41-09 to request the
Governor and Florida Legislature to provide appropriate emphasis in legislation and
to fund research and infrastructure installation that will lead to and provide for a
permanent solution to beach erosion.
AA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 17, 2009 through September 4, 2009.
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AB. AWARD OF BIDS AND CONTRACTS:
Contract Award to Associated Consulting Professionals in the amount of
$350.00 maximum per unit for lead based paint testing and/or risk assessments
as needed by households built prior to 1978 participating in the City's housing
rehabilitation program. Funding is available from 118-1960-554-49.19
(Neighborhood Services/Other Current Charges/Housing Rehabilitation) and
118-1963-554-49.19(Neighborhood Services/Other Current Charges/Housing
Rehabilitation).
2. Contract Award to Tidwell Plumbing, Inc. in the amount of @ 8,000.00 for the
installation of a Peristaltic Pump and twelve (12) remote pumping centers at the
Municipal Marina. Funding is available from 426-4311-575-64.90 (City Marina
Fund/Machine@Equipment/Other Machinery Equipment).
3. Purchase award to Florida Bullet, Inc. in the amount of @8,384.25 for the
purchase of ammunition. Funding is available from 001-2111-521-52.20
(General Fund/Operating Supplies/General Operation Supplies) 001-2115-521-
52.19 (General Fund/Operating Supplies/SWAT Expenditures).
4. Purchase Award to Mainline Supply Co. in the amount of $32,298.91 for various
piping materials to be installed by the City's in-house construction crew for the
S.W. 6`'' Street Water Main Improvements. Funding is available from 442-5178-
536-68.51 (Water/Sewer Renewal & Replacement Fund/Other
Improvements/Water Main-S.W. 6`'' Avenue).
9. REGULAR AGENDA:
AA. RE ,VEST FOR SIDEWALK DEFERRAL/1028 VISTA DEL MAR DRIVE:
Approve a request to defer the installation of a sidewalk along Vista Del Mar Drive for
the property located at 1028 Vista Del Mar Drive. (Commissioner Eliopoulos declared a
Conflict of Interest and left dais. Motion to approve; Approved, 3-0)
AAA. CHANGE ORDER NO. 1/WEEKLEY ASPHALT PAVING, INC.: Approve
Change Order No. 1 in the amount of $25,968.50 to Weekley Asphalt Paving, Inc. for
additional work requiring milling and overlaying for the Atlantic Avenue Narrowing
Project. Funding will be provided by the Community Redevelopment Agency and is
available in 334-4141-572-68.17 (General Construction Fund/Other
Improvement/Gateway Miniparks @ I-95). (Approved, 4-0)
A. WAIVER REQUESTS/PINEAPPLE GROVE LIMITED: Consider two (2)
waiver requests associated with the Class IV site plan modification for Pineapple Grove
Limited located on the north side of N.E. 1S` Street between Pineapple Grove Way and
N.E. 1s`Avenue. (Quasi Judicial Hearing) (Commissioner Eliopoulos declared a Conflict
of Interest and left dais. Motion to adopt board order as presented; Approved, 3-0)
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B. APPEAL/SITE PLAN REVIEW APPEARANCE BOARD
ACTION /CVS /PHARMACY: Consideration of an appeal regarding the Site Plan
Review and Appearance Board's decision to reduce the number of wall signs proposed
for the CVS/pharmacy from four (4) to two (2), pursuant to Land Development
Regulation (LDR) Section 2.4.7(E), "Appeals". The project is located at 700 N.E. 6`''
Avenue. (Quasi Judicial Hearing (REMOVED from the agenda due to a request from
applicant.)
C. RE ,VEST FOR IN-LIEU PARKING SPACES/PINEAPPLE GROVE LTD:
Consider a request from Pineapple Grove Ltd, for the purchase of four (4) in-lieu
parking spaces in the amount of $31,200.00. Pineapple Grove Ltd is located at the
intersection of N.E. 1S` Street between N.E. 1S` and N.E. 2"d Avenues. (Quasi Judicial
Hearing (Commissioner Eliopoulos declared a Conflict of Interest and left dais. Motion to
adopt board order as presented; Approved, 3-0)
D. FY 2010 TENNIS RATES/TENNIS FACILITIES: Consider approval of the
proposed maximum rates for the Tennis Facilities. (Approved, 4-0)
E. FY 2010 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the
proposed maximum rates for the Lakeview Golf Course. (Approved, 4-0)
F. FY 2010 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE:
Consider approval of the proposed maximum rates for the Delray Beach Municipal
Golf Course. (Approved, 4-0)
G. GOVERNMENT SERVICES GROUP, INC./FIRE SERVICE ASSESSMENT:
Consider a proposal from Government Services Group, Inc. to conduct the necessary
study to establish the legal basis for a Fire Service Assessment. (Motion to TABLE;
Approved, 4-0)
H. BID PROTEST/BID AWARD/JOHNSON DAVIS, INC.: Consider a bid protest
from David Foote Environmental Construction, Inc. and consider a bid award to
Johnson Davis, Inc. in the amount of $422,175.00 for Osceola Park Improvements.
Funding is available from 442-5178-536-65.85 (Water & Sewer Renewal and
Replacement Fund/Other Improvements/Osceola Park) and 448-5461-538-65.85
(Storm Water Utility Fund/Other Improvements/Osceola Park). (Quasi Judicial
Hearing (Motion to adopt board order as presented; Approved, 4-0. Motion to award
contract to Johnson Davis; Approved 4-0)
I. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF
COMMISSIONER BERNARD: Appoint a person to fill the unexpired term of
Commissioner Bernard (Seat #4) until the March 9, 2010 Municipal Election. (Motion to
appoint Angeleta E. Gray as the new Commissioner; Approved, 4-0)
J. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board for an unexpired term
ending August 31, 2010. Based upon the rotation system, the appointment will be made
by Mayor McDuffie (Seat #5). (Appointed Darla Sernoff and approved, 4-0)
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K. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
student member to the Police Advisory Board to serve an unexpired term ending July
31, 2010. Based upon the rotation system, the appointment will be made by
Commissioner Eliopoulos (Seat #1). (Appointed Brittany Smith and approved, 4-0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 37-09 (TENTATIVE MILEAGE LEVY A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2010. (Approved, 3-1. Commissioner Fetzer dissenting)
B. RESOLUTION NO. 39-09 (TENTATIVE BUDGET ADOPTION FOR FY
20101: A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2009
through September 30, 2010. (Approved, 4-0)
C. RESOLUTION NO. 38-09 (TENTATIVE MILEAGE LEVY/DDA~ A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2010. (Approved, 4-0)
D. ORDINANCE NO. 42-09: Consider a city-initiated amendment to Chapter 71,
"Parking Regulations", Section 71.006, "Surcharge on Parking Fines"; to provide for an
increase in the surcharge on parking fines to fund the school crossing guard program.
(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. ORDINANCE NO. 39-09: Consider a privately-initiated amendment to Land
Development Regulations (LDR) Section 4.3.4., "Base District Development
Standards", Subsection (I~ (6), "Special Setbacks", to modify the area where the thirty-
foot special combination setback must be provided. If passed, a second public hearing
will be held on September 22, 2009. (Approved, 4-0)
B. ORDINANCE NO. 45-09: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for decreased residential and commercial collection service rates for
FY 2010. If passed, a public hearing will be scheduled for September 22, 2009.
(Approved, 4-0)
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C. ORDINANCE NO. 46-09: Consider a city initiated amendment to Chapter 71,
"Parking Regulations" of the Code of Ordinances by amending Section 71.058, "Cost of
Parking or Standing Vehicles in Certain Metered Spaces", to provide for the meter fee
charged and listing the parking lots affected; and by enacting Subsection 71.065,
"Parking Garages", to provide for the regulation of public parking garages. If passed, a
public hearing will be scheduled for September 22, 2009. (Approved, 4-0)
D. ORDINANCE NO 47-09: Consider acity-initiated amendment to Chapter 92,
"Boats and Boating", by amending Section 92.32, "License Agreement for Boat
Dockage", and Section 92.33, "Dockage Rates and Fees", to clarify certain language in
the license agreement and to modify certain rate structures. If passed, a public hearing
will be scheduled for September 22, 2009. (Approved, 4-0)
E. ORDINANCE NO. 48-09: Consider acity-initiated amendment to Chapter 117,
"Landlord Permits" of the Code of Ordinance by amending Section 117.02, "Permit
Fees", to provide for an increase in the Landlord Permit fee from $50 per unit to $60
per unit effective October 1, 2009. If passed, a public hearing will be scheduled for
September 22, 2009. (Approved, 4-0)
F. ORDINANCE NO. 49-09: Consider acity-initiated ordinance amending Chapter 96,
"Fire Safety and Emergency Services", of the Code of Ordinances by amending Section
96.66. "Emergency Medical Transportation Fees", Subsection 96.66(A), to adjust the fee
schedule for emergency medical transportation in accordance with the National
Ambulance Fee Schedule. If passed, a public hearing will be scheduled for September
22, 2009. (ADDENDUM) (Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 4, 2009
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