12-08-09 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, December 8, 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 noted Item 7.B., XPE Sports Presentation, was added to
the agenda by addendum. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. None
6. PROCLAMATIONS:
A. Delray Medical Center Day -December 8, 2009
B. Calling for the First Non-Partisan Election to be held on March 9, 2010
7. PRESENTATIONS:
A. RESOLUTION NO. 60-09: Approve Resolution No. 60-09 recognizing and
commending Marc Woods for 30 years of dedicated service to the City of Delray Beach.
(Approved, 5-0)
B. XPE Sports Presentation on the proposed use of the Seacrest Soccer Complex.
(Addendum)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. CONTRACT ADDITION (C.O. NO. 7) WEST CONSTRUCTION,
INC./MILLER PARK IMPROVEMENTS: Approve a Contract Addition (C.O.
No. 7) in the amount of $8,824.00 to West Construction, Inc., for the infield surface
replacement and warning track extension at Little Fenway. Funding is available from
334-4173-572-63.90 (General Construction Fund/Improvements Other/Other
Improvements).
B. PURCHASE ORDER INCREASE/NUTTING ENGINEERS OF FLORIDA:
Approve an increase of $3,250.00 to Nutting Engineers of Florida, Inc. for additional
testing services for the Miller Park Improvements Project. Funding is available from
334-4173-572-63.90 (General Construction Fund/Improvements Other/Other
Improvements).
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C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI SUB-
RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES: Approve and authorize execution of asub-recipient
funding agreement with the Achievement Centers for Children and Families under the
Community Development Block Grant (CDBG) program for FY 2009-2010, with total
funding in the amount of $80,000.00. Funding is available from 118-1966-554-82.09
(Neighborhood Services/Other Grants and Aids).
D. GRANT APPLICATION/2009 STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE (SAFER Provide authorization for submission of a
grant application to the U.S. Department of Homeland Security's Federal Emergency
Management Agency (FEMA) for ARRA funding to hire four (4) additional
Firefighter/Paramedics to complete the staffing at Station #2.
E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 1, 2009 through December 4, 2009.
F. AWARD OF BIDS AND CONTRACTS:
Bid award to Shenandoah Construction in the amount of $15,300.00 for the
maintenance of 1,450 lineal feet of storm water pipe which includes cleaning
and televising of the Thomas Street Pump Station drainage system. Funding is
available from 448-5416-538-46.90 (Storm Water Utility Fund/Repair and
Maintenance Service/Other Repair /Maintenance Cost).
2. Purchase award to Equipment Experts in the amount of $35,000.00 for the
purchase of one (1) used 350 gallon spray rig, one (1) used John Deere fairway
mower and one (1) Toro triplex tee mower. Funding is available from 445-4761-
572-64.90 (D B Municipal Golf Course/Machinery/Equipment/Other
Machinery/Equipment) .
3. Purchase award to Tanner Industries at an estimated cost of $28,000.00 via the
City of St. Augustine, Florida Bid #PW2007-05 for the purchase of anhydrous
ammonia. Funding is available from 441-5122-536-52.21 (Water and Sewer
Fund/Operating Supplies/Chemicals).
9. REGULAR AGENDA:
A. WAIVER REQUEST/103 NW 3RD AVENUE: Consider a waiver request to Land
Development Regulations (LDR) Section 4.5.1 (E) (3) (a) (1) (c), "Fences and Walls",
which prohibits fences and walls over four feet (4') high located within front or side
street setback; for a fence measuring approximately 6' in height proposed within the
side street setback, and an arbor, measuring approximately 7' in height within the front
setback. (Quasi Judicial Hearing) (Motion to adopt Board Order as presented; Approved,
5-0)
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B. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY
2009 bonus payment to JCD Sports Group, Inc. for both golf operations in the amount
of $15,498.00 and for Tennis Center operations in the amount of $5,992.50. Funding is
available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other
Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual
Service), 001-4215-575-34.90 (General Fund/Operating Expenses-
Miscellaneous/Other Contractual Service) and 001-4210-575-34.90 (General
Fund/Operating Expenses-Misc/Other Contractual Service). (Approved, 5-0)
C. AGREEMENT/AMERICAN TRAFFIC SOLUTIONS (ATS~ Consider a
proposed agreement between the approved vendor, American Traffic Solutions (ATS),
and the City for the implementation of a Red Light Enforcement Program. (Consensus
of Commission for staff to work with the vendor further on the indemnification clause
language)
D. SERVICE AUTHORIZATION NO. 06-08/CURRIE SOWARDS AGUILA
ARCHITECTS: Consider approval of Service Authorization No. 06-08 in the amount
of $20,500.00 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). (Approved, 5-0)
E. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint four (4)
regular members to the Police Advisory Board for two (2) year terms ending July 31,
2011 and one (1) regular member to serve an unexpired term ending July 31, 2010.
Based upon the rotation system, the appointments will be made by Commissioner
Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and
Commissioner Eliopoulos (Seat #1) for four (4) regular members to serve two (2) year
terms ending July 31, 2011, and Commissioner Fetzer (Seat #2) for one (1) regular
member to serve an unexpired term ending July 31, 2010. (Appointed Walter Earley and
approved, 5-0; appointed Matthew Hartley and approved 5-0; appointed Joseph Ingram and
approved 5-0. Commissioner Frankel's and Commissioner Fetter's appointments were
DEFERRED to the January 5, 2009 Regular Commission Meeting)
F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member from Zone 2 to the Neighborhood Advisory Council
to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the
appointment will be made by Commissioner Gray (Seat #4). (Appointed Laura Reines and
approved, 5-0)
10. PUBLIC HEARINGS:
A. 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 approve Ordinance No. 60-09;
DENIED, 4-1. Commissioner Gray dissenting)
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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. 61-09: Consider acity-initiated amendment to Chapter 53,
Sanitary Sewers, to comply with the new local discharge limits that were approved by
the Florida Department of Environmental Protection (FDEP) for the South Central
Regional Wastewater Treatment Plant (SCRWTP). If passed, a public hearing will be
held on January 5, 2009. (Approved 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 4, 2009
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