12-01-09 Agenda Results Regularcity of Delray Beach
Regular Commieion 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, December 1, 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.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted there was additional information on the dais for
Item 9.C., Request for Valet Queue/Tramonti Restaurant; Additional information was on the dais for
Item. 9.E., Revised Proposal/Old School Square Retail Space Garage; and Item 9.L, Employee
Recognition for FY 2009 Budget Surplus was added to the Regular Agenda by addendum; Approved as
amended, 5-0
5. APPROVAL OF MINUTES:
A. November 17, 2009 -Regular Commission Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. Mayor's Literacy Initiative -Delray Beach Get Caught Reading
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION: Ratify approval of the
revised Industrial Waste and Pretreatment Agreement by the South Central Regional
Wastewater Treatment and Disposal Board at their Quarter- Annual Meeting of
October 15, 2009.
B. TRANSFER OF OUTSIDE COUNCIL/GAUNT, PRATT, RADFORD,
METHE & ROCKENBACH, P.A./APPEALS IN CASES REFERENCING
LINDA MARKS: Approve authorization to transfer the appointment of the firm
Gaunt, Pratt, Radford, Methe &Rockenbach, P.A. for legal services in conjunction with
the appeal of the cases involving Linda Marks to the firm of Methe &Rockenbach, P.A.
C. SERVICE AUTHORIZATION NO. 07-13/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 07-13 in the amount of $178,642.00 to Mathews
Consulting, Inc. for professional engineering services related to the design of the Area
11B Reclaimed Water System and other needed water and sewer improvements in the
same streets. Funding is available from 441-5181-536-65.96 (Water and Sewer
Fund/Other Improvements/Reclaim Water Transmission).
12/01/2009
-2-
D. AMENDMENT NO. 2 TO THE AGREEMENT/LEGAL
SERVICES/HEARING OFFICER: Approve an amendment extending for two
years the agreement between the City and David W. Schmidt for providing legal services
to the City as a Hearing Officer.
E. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING
REHABILITATION GRANT/GRANT AWARD: Approve one (1) Housing
Rehabilitation grant award to the lowest responsive bidder for 133 S.W. 8th
Avenue, David J. Thyng, LLC., in the amount of $19,551.38. Funding is available from
118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing
Rehabilitation).
F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI SUB-
RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM
BEACH COUNTY: Approve and authorize execution of asub-recipient funding
agreement with the Urban League of Palm Beach County, Inc. under the Community
Development Block Grant (CDBG) program for FY 2009-2010, with total funding in
the amount of $6,500.00. Funding is available from 118-1966-554-83.01
(Neighborhood Services/Other Grants and Aids).
G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI SUB-
RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF
THE GREATER PALM BEACHES: Approve and authorize execution of a sub-
recipient funding agreement with Fair Housing Center of the Greater Palm Beaches
under the Community Development Block Grant (CDBG) program for FY 2009-2010,
with total funding in the amount of $7,000.00. Funding is available from 118-1961-554-
49.17 (Neighborhood Services/Other Current Charges/Promotion of Fair Housing).
H. REVISION/HURRICANE HOUSING ASSISTANCE PLAN (HHAP~
Approve a technical revision to the Hurricane Housing Recovery (HHR) Program,
Hurricane Housing Assistance Plan (HHAP) for Fiscal Years 2005-2008.
I. AMENDMENT NO. 2 TO THE POMPEY PARK BOOSTER CLUB
AGREEMENT: Approve and authorize Amendment No. 2 to the Agreement with
Pompey Park Booster Club, Inc. to extend the agreement for an additional one (1) year
term.
J. SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request to endorse the 13th Annual
Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held
February 27-28, 2010 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic
Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking
lot, authorize staff support for security and traffic control, barricade assistance, EMS
assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95
fourteen (14) days prior to the event with the sponsor paying all overtime costs.
12/01/2009
-3-
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 16, 2009 through November 25, 2009.
L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to DaCosta Enterprises, Inc. in the amount of $33,697.00
for construction of a Barwick Road Sidewalk. Funding is available from 334-
3162-541-63.11 (General Construction Fund/Improvement Other Than
Buildings /Bikep aths /Sidewalks) .
2. Contract award to Insituform Technologies, Inc. in the amount of $61,436.40
for rehabilitation of a sewer segment on S.E. 2nd Street, from S.E. 3rd Avenue
to east of S.E. 6th Avenue, as part of the annual Sanitary Sewer Main
Rehabilitation program. Funding is available from 442-5178-536-63.51 (Water
and Sewer Renewal and Replacement Fund/Improvements Other/Sewer
Mains) .
3. Purchase award to Otto Waste Systems in the amount of $30,000.00 for the
purchase of hot stamped garbage carts with lids and wheels to be ordered as
needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart
Renewal and Replacement).
9. REGULAR AGENDA:
A. WAIVER REQUEST/MELLOW MUSHROOM: Consideration of a waiver to
LDR section 4.6.9(e)(3)(d), to allow Mellow Mushroom to enter into an In-Lieu Parking
Fee Agreement with the City to pay the $109,200 in-lieu parking fee in four (4)
installments of 25% each with first payment due at signing, instead of three (3)
installments with 50% due at signing and two subsequent 25% payments. Mellow
Mushroom restaurant is located at 25 S.E. 6th Avenue. Quasi Judicial Hearing
(Motion to adopt Board Order as presented; Approved, 5-0)
B. RE ,VEST FOR VALET QUEUE/THE SEAGATE ON ATLANTIC: Consider
a request from The Seagate on Atlantic to establish a parking valet queue to be located
on the south side of the 1000 block of East Atlantic Avenue. (Motion to approve;
Approved, 3-2. Commissioner Gray and Commissioner Frankel dissenting).
C. REOUEST FOR VALET OUEUE/TRAMONTI RESTAURANT: Consider a
request from LSMS, Inc., owner of Tramonti Restaurant, to establish a parking valet
queue to be located on the north side of the 100 block of East Atlantic Avenue.
(Commissioner Eliopoulos declared a conflict of interest and left the dais. Motion to approve;
DENIED, 4-0).
12/01/2009
-4-
D. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider approval of a special
event request from the Chamber of Commerce for the 48th Annual Delray Affair to be
held on April 9-11, 2010; including a temporary use permit per LDR Section 2.4.6 (F)
for use of City property and rights-of--way as required, waiver of LDR Section 4.6.7
(E)(3)(c) to allow signage to be installed more than one (1) week prior to the event,
banner hanging within the site area, vendor permits to be assigned and approved by the
Chamber of Commerce, to not allow any other event to be held on the above-
mentioned dates in the City, to allow reserved parking for entertainment and exhibitors
as requested; contingent upon receipt of a certificate of general liability insurance, liquor
liability insurance, and a hold harmless agreement. (Commissioner Eliopoulos return to the
dais. Motion to approve per staff recommendations with the condition of street closure starting
at 12:00 midnight on Thursday; Approved, 5-0).
E. REVISED PROPOSAL/OLD SCHOOL SQUARE RETAIL SPACE GARAGE:
Consider a revised proposal from Thomas Kinsloe regarding the Old School Square
garage retail space. (Consensus of the Commission for staff to continue with the direction of
the Community Redevelopment Agency (CRA)).
F. RE ,VEST FOR QUALIFICATIONS (RF ,~/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
ranked firm for each project. (Motion to approve, Approved, 5-0).
G. SERVICE AUTHORIZATION NO. 06-08/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 06-08 in the amount of
$26,750.00 to Currie Sowards Aguila Architects for professional design services
regarding replacement of the concession stand and press box building at Little Fenway.
Funding is available from 334-4173-572-63.90 (General Construction
Fund/Improvements Other/Other Improvements). (Motion to POSTPONE until
December 8, 2009 Regular Commission Meeting; Approved, 5-0)
H. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) Citizen-At-Large Representative to the Parking
Management Advisory Board to serve an unexpired term ending July 31, 2011. Based
upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5).
(Appointed Bruce Gimmy and approved, 5-0)
I. EMPLOYEE RECOGNITION FOR FY 2009 BUDGET SURPLUS: Consider
approval to recognize employee efforts for the FY 2009 budget surplus by providing all
full-time employees an extra day off on December 23, and all Civil Service employees a
net Christmas bonus of $250.00. (Addendum (Motion to give all employees an extra day
off on December 23, 2009; Approved, 5-0)
12/01/2009
-5-
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 59-09: Consider a resolution electing to use a uniform method
of collecting fire assessments, if levied, on the property tax bill. (Approved, 5-0).
B. ORDINANCE NO. 60-09: Consider a city-initiated amendment to the Land
Development Regulations that will create the Chatelaine Local Government
Neighborhood Improvement District. (Motion to POSTPONE until December 8, 2009
Regular Commission Meeting at 7:00 p.m.; Approved, 5-0)
C. ORDINANCE NO. 59-09: Consider a CRA-initiated ordinance modifying the
Community Redevelopment Plan; finding that the modifications conform to the
Community Redevelopment Act of 1969, as amended; finding that the modifications are
consistent with the City's Comprehensive Plan, and making further findings pursuant
to applicable requirements of Florida Statute 163.360. (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
ROSTED: N®VEMDER 2v' 2®®9
12/01/2009
-6-