10-20-09 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, October 20, 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 stated there was a correction to the account number for
Item 8.B., Agreement/Florida Department of Environmental Protection (DEP), and the item was
moved to the Regular Agenda as Item 9.A.A; Item 8.E., D.U.I. Grant Award/Florida Department of
Transportation, was moved to the Regular Agenda as Item 9.A.A.A., Item 8.L, Agreement/Green
Meadows Horse & Carriage, was moved to the Regular Agenda as Item 9.A.A.A.A. Approved as
amended, 5-0).
5. APPROVAL OF MINUTES:
A. None
6. PROCLAMATIONS:
A. Families Reading Together Month -November 2009
7. PRESENTATIONS:
A. RESOLUTION NO. 57-09: Approve Resolution No. 57-09 Recognizing and
commending Rene Gonzalez for 30 years of dedicated service to the City of Delray
Beach. (Approved, 5-0)
B. Presentation of the Submittals from the Chamber of Commerce Contest to Generate
City Revenue
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RESOLUTION NO. 52-09 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/212 SEABREEZE AVENUES Approve a tax exemption
request for eligible improvements to 212 Seabreeze Avenue, and approve Resolution
No. 52-09.
B. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
C. AMENDMENT TO INTERLOCAL AGREEMENT/PALM BEACH
COUNTY: Approve an Amendment to the Interlocal Agreement between the City
and Palm Beach County to provide additional law enforcement services on the
Intracoastal Waterway during manatee season.
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D. TRANSFER OF APPOINTMENT FOR LEGAL SERVICE/LEWIS,
LONGMAN AND WALKER, P.A./FUMERO LAW GROUP, P.A./SOUTH
FLORIDA WATER MANAGEMENT DISTRICT RULE CHALLENGES:
Approve authorization to transfer the appointment of the firm of Lewis Longman &
Walker, P.A., for legal services in conjunction with the South Florida Water
Management District (SFWMD) proposal for permanent year round water restrictions,
to the Fumero Law Group, PA.
E. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDAI
F. GRANT APPLICATION/FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA~ Provide authorization for submission of a grant application to
the Federal Emergency Management Agency (FEMA) in the amount of $26,069.00 for
the 2009 Fire Prevention and Safety Grant.
G. GRANT AWARD/ARRA -ENERGY EFFICIENCY & CONSERVATION
BLOCK GRANT (EECBG~ Approve and accept the ARRA -Energy Efficiency &
Conservation Block Grant (EECBG) award in the amount of $638,500.00 which will
provide funding to support the installation of energy efficient retrofits (i.e.,
programmable thermostats, motion detectors and T-8 lighting and ballasts) within all
City facilities, Pompey Park outdoor athletic field lighting, Fire Station #1 Solar Energy
System and to fund a Sustainability Officer position for one year.
H. RESOLUTION NO. 56-09/BUDGET AMENDMENT: Approval of Resolution
No. 56-09 amending Resolution No. 49-09 adopted September 22, 2009 which made
appropriations for necessary expenditures of the City for the FY 2009/2010, by setting
forth the anticipated revenues and expenditures for the operating funds of the City for
the fiscal year 2009/2010.
I. (MOVED TO ITEM 9.A.A.A.A. ON THE REGULAR AGENDAI
J. SPECIAL EVENT REQUEST/RUN FOR MIRACLES/MILAGRO
CENTER: Approve and endorse the 4th Annual Run for Miracles sponsored by the
Milagro Center to be held on February 6, 2010 from 7:30 a.m. to approximately 10:30
a.m., grant a temporary use permit per LDR Section 2.4.6(F) for the closure of A-1-A
from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. to
approximately 10:30 a.m., and authorize staff support for traffic control, barricading and
clean up, use of half of the small stage, and a waiver of parking meter fees for
Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian
Drive to A-1-A from 8:00 a.m. until approximately 11:00 a.m.; contingent upon receipt
of an executed hold harmless agreement.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 5, 2009 through October 16, 2009.
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L. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Chaz Equipment Co., Inc. in the amount of $99,255.00 for
installing a 24-inch valve on the South Central Regional Wastewater Treatment
Plant's (SCRWWTP) outfall pipe. Funding is available from 441-5181-536-65.96
(Water and Sewer Fund/Other Improvements/Reclaim Water Transmission).
2. Purchase award to American Traffic Products & Service (ATPS) in the amount
of $18,380.30 for aluminum sign blanks and galvanized posts as replacements
for the City's sign shop. Funding is available from 001-3141-541-52.20 (General
Fund/Operating Supplies/General Operational Supplies).
3. Purchase award to Carus Corporation in an estimated annual cost of
$120,000.00 for Fiscal Year 2009-2010 for the purchase of Poly Phosphate at
$1.42 per pound for the Water Treatment Plant. Funding is available from 441-
5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals).
4. Purchase award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for
Sanitary Sewer Manhole Rehabilitation projects. Funding is available from 442-
5178-536-63.82 (Water and Sewer Renewal & Replacement Fund/Sanitary
Sewer Manhole Rehabilitation).
5. Purchase award to Chemical Lime Company of Alabama, Inc. in the estimated
amount of $720,000.00 for the purchase of bulk quicklime. Funding is available
from 441-5122-536-52.21 (Water and Sewer Fund/Operating
Supplies/Chemicals).
6. Purchase award to Poolsure of South Florida in the estimated annual amount of
$51,200.00 for the purchase and delivery of Sodium Hypochlorite. Funding is
available from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals).
7. Purchase award to PVS Technologies, Inc. in the amount of $260,000.00 for the
purchase and delivery of liquid and dry Ferric Chloride for the Water Treatment
Plant as needed for the period of November 2009 through September 30,
2010. Funding is available from 441-5122-536-52.21 (Water and Sewer
Fund/Operating Supplies/Chemicals).
8. Purchase award to Commercial Energy Specialist in the amount of $16,100.00
for briquettes (chlorine) for the Pompey Park Pool and Delray Swim Club.
Funding is available from 001-4135-572-52.21 (General Fund/Operating
Supplies/Chemicals).
9. REGULAR AGENDA:
AA. AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEPT Approve a proposed settlement agreement with the Florida
Department of Environmental Protection to accept the settlement offer resolving the
incident of June 2, 2009 involving the release of wastewater. Funding is available from
441-5161-536-64.90 (Water and Sewer Fund/Machinery/Equipment/Other
Machinery/Equipment). (Approved, 5-0)
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AAA. D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF
TRANSPORTATION: Approve acceptance of a grant award from the Florida
Department of Transportation (FDOT) in the amount of $87,058.00 for funding for the
Police Department's Driving Under the Influence (D.U.L) program. Funding is
available from 001-2115-521-12.10 (General Fund~Regular Salaries). (Commissioner
Frankel filed a Conflict of Interest and left the dais. Approved, 4-0)
AAAA. AGREEMENT/GREEN MEADOWS HORSE & CARRIAGE: Approve an
agreement between the City and Green Meadows Horse & Carriage to provide horse
and carriage rides along Atlantic Avenue and N.E. 2nd Avenue as specified from
November 17, 2009 through April 3, 2010; contingent on the receipt of a certificate of
liability insurance. (Motion to approve; Approved, 4-1. Commissioner Frankel dissenting)
A. RE ,VEST FOR IN-LIEU PARKING SPACE/ATLANTIC ANTIQUE
MALL: Consider a request from Atlantic Antique Mall, located at 506 East Atlantic
Avenue for the purchase of three (3) in-lieu parking spaces at a cost of $46,800.00, to
accommodate a conversion of use. (Quasi Judicial Hearing) (Motion to adopt Board
Order as presented; Approved, 5-0)
B. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Consider approval
of an Interlocal Agreement between the City and Palm Beach County regarding a grant
of $1,000,000.00 for infrastructure in the City's right-of--way in the S.W. 12th Avenue
and S.W. 10th Street area. (Approved, 5-0)
C. PROPOSAL FOR SETTLEMENT IN ROBERT HAUPTFUHRER v. CITY
OF DELRAY BEACH, et al.: Consider a Proposal for Settlement in the amount of
$35,000.00 in Robert Hauptfuhrer v. City of Delray Beach, et al. Staff recommends
approval of the proposal for settlement. (Motion to approve settlement amount of $35,000;
Approved, 5-0)
D. DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE OF
CITIES ANNUAL BUSINESS MEETING: Designate the voting delegate to the
National League of Cities' Annual Business Meeting to be held in San Antonio, Texas
on November 14, 2009. (Consensus of Commission to not designate a voting delegate due to
no one from the Commission attending the National League of Cities Business Meeting)
E. FUNDING CONTRIBUTION/PALM BEACH COUNTY/THE SCHOOL
DISTRICT/PALM BEACH COUNTY LEAGUE OF CITIES: Consider a
request from Palm Beach County, the School District, and the Palm Beach County
League of Cities for support of a Wellness Campaign. (Motion to approve; DENIED, 5-0)
F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member for Zone 4 to the Neighborhood Advisory Council for
an unexpired term ending July 31, 2012. Based upon the rotation system, the
appointment will be made by Commissioner Fetzer (Seat #2). (Appointed Isabel Make
and approved, 5-0)
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G. APPOINTMENTS TO THE BUDGET REVIEW COMMITTEE: Appoint
seven (7) regular and two (2) alternate members to the Budget Review Committee to
serve terms ending July 31, 2010 and July 31, 2011. Based on the rotation system the
appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner
Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4),
Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer
(Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4).
(Appointed Howard Ellingsworth and approved, 5-0; appointed Todd L'Herrou and approved,
5-0; appointed Robert Moore and approved, 5-0; appointed Yvonne Walker and approved, 5-0;
appointed John Warner and approved, 5-0; appointed Rosalie Blood and approved 5-0.
Commissioner Gray's two (2) appointments and Commissioner Fetter's second appointment
were DEFERRED to the November 3, 2009 Regular Commission Meeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 15-09 (SECOND READING/SECOND PUBLIC
HEARING): Consider an ordinance providing for the acceptance of the resurvey
report of Del-Ida Park Historic District including extension of the period of
significance and reclassification of properties from non-contributing to contributing.
(Approved, 5-0)
B. ORDINANCE NO. 41-09 (SECOND READING/SECOND PUBLIC
HEARING): Consider a city initiated amendment to the Land Development
Regulations (LDR) Section 4.4.9 (G) (3) (e)1.a, "Lot Coverage and Open Space", to allow
the internal parking lot design landscape requirements to be credited towards the
required 25% open space requirement within the Four Corners Overlay District.
(Approved, 5-0)
C. ORDINANCE NO. 43-09: An ordinance amending Chapter 52, "Water" of the City
Code of Ordinances by amending Section 52.34, "Water Rates", to provide for an
adjustment in residential, nonresidential, and irrigation rates for FY 2010. (Motion to
approve; Approved, 4-1. Commissioner Eliopoulos dissenting)
D. ORDINANCE NO. 44-09: An ordinance amending Chapter 59, "Reclaimed Water",
of the City Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges",
to provide for a retail customer increasing block rate structure for reclaimed water.
(Approved, 5-0)
E. ORDINANCE NO. 50-09 (SECOND READING/SECOND PUBLIC
HEARING): Consider a city initiated amendment to the Land Development
Regulations (LDR) Section 4.3.3, "Special Requirements for Specific Uses", by enacting
Subsection (CELL), "Medical Offices", to provide clarification regarding dispensing of
narcotic drugs, and amending Appendix "A", to provide for definitions related to the
regulation of medical offices. (Approved, 5-0)
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F. ORDINANCE NO. 51-09: Consider a city initiated amendment to the Land
Development Regulations (LDR) amending Section 2.4.3, "Submission Requirements",
Subsection (K), "Fees", to provide for the establishment of new fees and increases to
certain existing fees. (Approved, 5-0)
G. ORDINANCE NO. 52-09: Consideration an ordinance authorizing the creation of
local government Neighborhood Improvement Districts pursuant to Florida Statute
163.506. (Approved, 5-0)
H. ORDINANCE NO. 53-09 (SECOND READING/SECOND PUBLIC
HEARING): Consider a city initiated amendment to the Land Development
Regulations (LDR) Section 4.6.7, "Signs", Subsection 4.6.7(H)(10)(b), "Sponsorship
Signs", providing and clarifying related standards. (Approved, 5-0)
I. ORDINANCE NO. 56-09: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 6.3.3, "Sidewalk Cafe", Subsection (A),
"Permit and Fees", to clarify the cost of sidewalk cafe permits and to enact a late
renewal fee charge. (Approved, 5-0)
J. ORDINANCE NO. 57-09: Consider acity-initiated amendment to Chapter 113,
Alcoholic Beverages", of the Code of Ordinances by amending Section 113.15, "Hours
of Sale and Consumption; Exemption", to eliminate the current restriction for the
consumption of alcohol on premises on Sunday morning. (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. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 16, 2009
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