11-03-09Agenda 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, November 3, 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.
A. Atlantic High School Criminal Justice Academy Honor Guard Presentation of Colors
4. AGENDA APPROVAL. (Mayor McDuffie noted there was revised information on the dais for Item
8.H., Ratification of the South Central Regional Wastewater Treatment and Disposal Board Action;
Item. 9.E., Request for Qualifications (RFC/Veterans Park/Worthing Park, was removed from the
agenda due to a request from staff; Additional information was on the dais for Item 9.G., Appointments
to the Financial Review Board. Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. October 6, 2009 -Regular Meeting (Approved, 5-0)
B. October 13, 2009 -Workshop Meeting (Approved, 5-0)
C. October 20, 2009 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Dan Bernheim - Delaire Charity Golf Tournament
B. Recognizing and Commending Elizabeth Wesley for the "2009 Women of Courage &
Achievement" recognition.
C. Dr. Theodore A. Bush Day -November 8, 2009
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RE ,VEST FOR SIDEWALK DEFERRAL/951 IRIS DRIVE: Approve a request
to defer the installation of a sidewalk along Iris Drive for the property located at 951
Iris Drive.
B. ACCEPTANCE OF RIGHT-OF-WAY DEED/ALOHA CLEANERS: Approve
and accept aright-of--way deed for Aloha Cleaners, located at 501 N.E. 2nd Street.
C. EXTENSION OF TIME UNDER SETTLEMENT AGREEMENT/FRANK &
NILSA McKINNEY & VILLAGE BY THE SEA, LLC v. THE CITY OF
DELRAY BEACH: Consider approval of an extension of time until January 31, 2010
under the Settlement Agreement dated December 16, 2008 to remove and relocate the
tree house accessory structure.
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D. AGREEMENT/UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY: Approve an agreement with the United States Environmental Protection
Agency (USEPA) to become a promotional partner in the EPA WaterSense national
program.
E. AMENDMENT NO. 3 TO THE SUB-RECIPIENT HOUSING
PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND
TRUST, INC.: Approve Amendment No. 3 to the Sub-Recipient Housing
Partnership Agreement between the City and Delray Beach Community Land Trust,
Inc. for subsidizing the costs associated with affordable housing units within the
Community Land Trust. Funding is available from 118-1924-554-49.20 (Neighborhood
Services/Other Current Charges/Homeowner Subsidy).
F. GRANT AWARD AND APPLICATION/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/AGGRESSIVE DRIVING: Accept an award
from the Florida Department of Transportation (FDOT) in the amount of $48,800.00
and approve filing a grant application for implementation of an aggressive
driving/speed enforcement program.
G. RESOLUTION NO. 58-09: Approve Resolution No. 58-09 amending Resolution
No. 55-09 which created the Budget Review Committee in order to change the name to
the Financial Review Board and to expand the responsibility of the board.
H. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the
action of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter- Annual Meeting of October 15, 2009.
I. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a
special event request to endorse the Annual Holiday Pageant Parade co-sponsored by
the Parks and Recreation Department and the Chamber of Commerce to be held on
December 12, 2009 beginning at approximately 4:00 p.m. to 6:00 p.m., granting a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic
Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue for parade
route; and Miramar, Lowery, Gleason and Andrews for parade set up from
approximately 2:00 p.m. to 4:00 p.m.; and authorize staff support for traffic control and
security, EMS assistance, barricading, trash removal/clean up, and event signage.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 19, 2009 through October 30, 2009.
K. AWARD OF BIDS AND CONTRACTS:
Contract award based on highest commission revenue to the City, to Vending
Americas for snack vending machine services at various locations within the
City.
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2. Contract award in the estimated amount of $18,000.00 to Alliance Linen d/b/a
Gold Coastal Linen Service for linen rental service for the Delray Beach
Municipal Golf Course Restaurant. Funding is available from 445-4715-572-
52.22 (D B Municipal Golf Course/Operating Supplies/Uniforms/Linen
Service).
3. Multiple purchase awards at an estimated annual cost of $264,200 to HD Supply
Waterworks for the purchase of pipes, valves, and fittings and to Ferguson
Enterprises, Inc. for water meter fittings and water line accessories for the City's
irrigation system, underground water and sewer repairs and capital construction
projects. Funding is available from various departmental operating budgets.
9. REGULAR AGENDA:
A. WAIVER REQUESTS/FIRE STATION NO. 3: Consider two (2) waiver requests
associated with the Fire Station #3 project to increase the maximum driveway width
from 36 feet to 48 feet 8 inches and decrease the minimum standard aisle width from 20
feet to 15 feet located on the north side of Linton Boulevard, 320 feet east of S.W. 8th
Avenue at 651 Linton Boulevard. (Quasi-judicial Hearing) (Motion to adopt board
order as presented; Approved, 4-1. Commissioner Eliopoulos dissenting).
B. CONTRACT ADDITION (C.O. NO. 61 WEST CONSTRUCTION,
INC./MILLER PARK IMPROVEMENTS: Consider approval of a Contract
Addition (C.O. No. 6) in the amount of $74,550.00 to West Construction, Inc., for
renovations to the Little Fenway Ball Field as part of the Miller Park Improvements
Project. Funding is available from 334-4173-572-63.90 (General Construction
Fund/Improvements Other/Other Improvements). (Approved, 5-0).
C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/POLICE
BENVOLENT ASSOCIATION (POLICE LIEUTENANTS Consider
ratification of a Collective Bargaining Agreement between the City of Delray Beach and
the Police Benevolent Association (Police Lieutenants). (Motion to ratify; Approved, 5-0).
D. AGREEMENT/FUMERO LAW GROUP, P.A./ENVIRONMENTAL LEGAL
SERVICES: Consider an annual agreement with the Fumero Law Group, P.A., for
legal services with respect to monitoring, reporting and limited representation
regarding rule proposals, legislative initiatives and permitting associated with
environmental issues affecting the City for an annual fee of $46,800.00. Funding is
available from 441-5111-536-31.10 (Water and Sewer Fund/Professional
Services/Legal). (Motion to approve, DENIED, 4-1. Commissioner Gray dissenting).
E. RE ,VEST FOR QUALIFICATIONS (RF 1/VETERANS
PARK/WORTHING PARK: Consider approving the Review Committee's rankings
of responses to Requests for Qualifications (RFQ) for the Veterans Park Master Plan
and Worthing Park design; and authorizing staff to enter into negotiations with the top
firm for each RFQ. ~ (REMOVED from the agenda due to a request from staf~.
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F. LANDSCAPE ARCHITECTURAL SERVICES/COTLEUR & HEARING,
INC. (ATLANTIC AVENUE LANDSCAPE MEDIANS Approve an agreement
with Cotleur & Hearing, Inc., in the amount of $23,122.00 to provide landscape
architectural services for Atlantic Avenue Landscape Medians. Funding is provided by a
Keep Palm Beach County Beautiful Grant and the Community Redevelopment Agency
(CRA). (Approved, 5-0).
G. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2)
regular and one (1) alternate member to the Financial Review Board to serve terms
ending July 31, 2010 and July 31, 2011. Based on the rotation system, the appointments
will be made by Commissioner Gray (Seat #4), Commissioner Fetzer (Seat #2) and
Commissioner Gray (Seat #4). (Appointed Brenda Durden and approved, 5-0; appointed
Christina Morrison Pearce and approved, 5-0; appointed Helena Antunes-Boska and approved
5-0).
H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to the Police Advisory Board to serve an unexpired term ending July
31, 2010. Based on the rotation system, the appointment will be made by Commissioner
Fetzer (Seat #2). (Appointed Jeff Ritter and approved, 5-0).
10. PUBLIC HEARINGS:
A. None
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. 58-09: Consider a privately-initiated rezoning from AC
(Automotive Commercial) to GC (General Commercial) fora 1.73 acre parcel of land
located at 1900 North Federal Highway, formerly known as Motorsport of Delray. If
passed, a second public hearing will be held on November 17, 2009. (Approved, 5-0).
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 30, 2009
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